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2025-08-26 City Commission Meeting Agenda Packet
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 26, 2025 - 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF. NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF: COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER. IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS. ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032) 1. CALL TO ORDER/ROLL CALL 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 2 of 9 1. Junior Achievement of South Florida - Sponsored by Mayor Davis 2. Advisory Board Report: - Green Advisory Board 3. Presentation from Calvin, Giordano & Associates Regarding the Arts & Entertainment District (SW/NW 1st Ave) Vision Plan 4. Presentation of the Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023-2024 - Finance 5. Presentation of the Stormwater Master Plan - Public Services 6. Discussion on how to Proceed with the Restoration of 400 S. Federal Highway - Public Services 7. Request for Proclamation Approval: - Hispanic Heritage Month - September 15-October 15, 2025 - Sponsored by Commissioner Lewellen - Greater Trinity Missionary Baptist Church - 75th Anniversary - November 2025 - Sponsored by Vice Mayor Salvino - Childhood Cancer Awareness Month - September 2025 - Sponsored by Mayor Davis - Hunger Action Month - September 2025 - Sponsored by Commissioner Rimoli - National Diaper Need Awareness Week - September 15-21, 2025 - Sponsored by Mayor Davis 4. PROCLAMATIONS 1. International Overdose Awareness Day - August 31, 2025 - Sponsored by Mayor Davis 2. Hunger Action Month - September 2025 - Sponsored by Commissioner Rimoli 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders 6. PUBLIC SAFETY REPORTS 7. CITIZENS' COMMENTS Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 3 of 9 requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 8. CONSENT AGENDA 1. Minutes: July 8, 2025 City Commission Meeting Minutes 2. Travel Requests: None 3. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH KONE INC. TO UTILIZE THE OMNIA PARTNERS COOPERATIVE GROUP CONTRACT NO. 2019.01564, FOR PROVIDING ELEVATOR SYSTEM REPAIR AND MAINTENANCE SERVICES VALID THROUGH AUGUST 31, 2029, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) EACH FISCAL YEAR THE CONTRACT IS IN PLACE; AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 4. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE LICENSE AGREEMENT WITH RITA CROCKETT BEACH SPORTS ACADEMY (RCBSA) TO MODIFY THE PHYSICAL BOUNDARIES FOR “THE PIT” LOCATED AT FROST PARK, 300 NE 2ND STREET, DANIA BEACH, FL 33004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation) 5. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING ADDITIONAL FUNDING FOR A CHANGE ORDER RELATED TO THE SOUTHEAST DRAINAGE PROJECT – PHASE I WITH WSP INC. FOR AN AMOUNT NOT TO EXCEED FORTY-NINE THOUSAND SEVEN HUNDRED NINETY-SEVEN DOLLARS AND SEVENTY CENTS ($49,797.70); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 6. RESOLUTION NO. 2025-_____ Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 4 of 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A STATE HIGHWAY LIGHTING MAINTENANCE AND COMPENSATION AGREEMENT (ASM19) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 7. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. FOR CREATION OF A RESILIENCY PLAN, RELATED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 8. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE ISSUER’S PREVIOUSLY ISSUED CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2025 (THE "NOTE"), FOR $3,100,000.00, PURSUANT TO THE LOAN AGREEMENT DATED JULY 14, 2025, BY AND AMONG THE ISSUER, THE FLORIDA MUNICIPAL LOAN COUNCIL, AND TD PUBLIC FINANCE LLC (THE "LENDER") TO NOW INCLUDE A TERM REQUIRED BY THE APPROVED TERM SHEET BUT NOT INCLUDED IN ORIGINAL LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. (Finance) 9. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS’ APPROVAL TO SUBMIT APPLICATIONS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR VARIOUS RESILIENCE FLORIDA GRANTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 10. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 5 of 9 TRANSPORTATION FOR STIRLING ROAD MEDIAN LANDSCAPE IMPROVEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 11. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SUBORDINATION AGREEMENT OF THE CITY’S UTILITY EASEMENT ON SW 42nd STREET, IN FAVOR OF BROWARD COUNTY DUE TO THE DEVELOPMENT BY FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC., A FLORIDA LIMITED LIABILITY COMPANY, AT THE PROPERTY KNOWN AS 2180 SW 42ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) 12. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROVAL OF CHANGE ORDERS NO. 14, 15 AND 16 FOR S3S CONSTRUCTION, INC., IN THE TOTAL AMOUNT OF SIXTY- EIGHT THOUSAND ONE HUNDRED FOURTEEN DOLLARS AND THIRTY- SEVEN CENTS ($68,114.37) FOR THE COMMUNITY DEVELOPMENT OFFICE RENOVATION PROJECT; AUTHORIZING THE USE OF THE REMAINING PROJECT CONTINGENCY BALANCE AND APPROVING ADDITIONAL CONTINGENCY FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. Request for Use of Discretionary Funds to Support the Florida League of Mayors Board of Directors Meeting in Dania Beach on September 19, 2025 – Sponsored by Mayor Davis 14. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE REPLACEMENT OF THE APPROVED LICENSE AGREEMENT AUTHORIZED DURING THE JULY 8TH, 2025 CITY COMMISSION MEETING IN ORDER TO ADDRESS CERTAIN CONCERNS RAISED BY LICENSEE; AND FURTHER AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE REPLACEMENT LICENSE AGREEMENT WITH SOUTH BROWARD HOSPITAL DISTRICT TO USE PARKING SPACES LOCATED IN THE CITY PARKING GARAGE UPON PAYMENT OF APPLICABLE FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Community Development) Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 6 of 9 9. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DESIGN ENGINEERING SERVICES AND PROJECT MANAGEMENT SERVICES FROM KIMLEY HORN AND ASSOCIATES, INC. FOR DESIGN AND PERMITTING WORK FOR THE BSO SALLY PORT IN THE AMOUNT OF ONE HUNDRED NINETY-NINE THOUSAND SIX HUNDRED EIGHT DOLLARS; PROVDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 2. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 2025-015 “DANIA BEACH WOMAN’S CLUB RESTORATION” TO EMENCO CORP. FOR HISTORIC RESTORATION AND REPAIRS; PROVDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Public Services) 3. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 2025-019, ENTITLED “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE 3, TO BORE TECH UTILITIES & MAINTENANCE, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND SIX HUNDRED TWENTY FOUR DOLLARS AND SEVENTY FIVE CENTS ($110,624.75); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 4. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO RANK THE FOUR FIRMS THAT RESPONDED TO THE CITY’S REQUEST FOR QUALIFICATIONS (“RFQ”), NO. 25-014 ENTITLED “DESIGN SERVICES FOR CHESTER BYRD PARK IMPROVEMENT”, FOR DESIGN SERVICES RELATED TO CONSTRUCTION AT CHESTER BYRD PARK, AND TO AUTHORIZE CONTRACT NEGOTIATIONS TO BEGIN WITH THE TOP-RANKED CONSULTANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 7 of 9 1. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DANIA LIVE 1748II, LLC AND COOPER’S HAWK, INC., FOR AN EXTENDED HOURS ALCOHOL SALES LICENSE FOR THE RESTAURANT KNOWN AS COOPER’S HAWK, LOCATED AT 1822 POINTE BLVD, DANIA POINTE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 2. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-073-18MOD) SUBMITTED BY APPLICANT, R. ROMA HOLDINGS, LLC, FOR the PROPERTIES LOCATED AT 4432-4440 SW 52ND STREET IN THE CITY OF DANIA BEACH, FLORIDA TO ALLOW A SECOND STORY TO THREE (3) OF THE FOUR (4) SINGLE FAMILY HOMES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 3. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-042-20MOD) AND DESIGN VARIATION (OT-017-25) SUBMITTED BY THE OWNER, AMOPT, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 25 W. DIXIE HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 4. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-043-24) AND DESIGN VARIATION (OT-027-25) SUBMITTED BY THE OWNER, BRAHA DANIA, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 225-255 E. DANIA BEACH BLVD., IN THE CITY OF DANIA BEACH, PROVIDING FOR CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Community Development) Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 8 of 9 11. FIRST READING ORDINANCES: None First reading ordinances under this section are not subject to public hearing and may be taken all at once, unless pulled by the City Commission. A public hearing and discussion will take place at second reading of all ordinances within its respective section of the agenda. 12. SECOND READING ORDINANCES 1. ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”, AT PART 2, ENTITLED “SITE DEVELOPMENT REGULATIONS”, ARTICLE 265 ENTITLED “OFF STREET PARKING REQUIREMENTS AT SECTION 265-50 ENTITLED “OFF-STREET PARKING REQUIRED; ON-STREET PARKING CREDIT” IN ORDER TO REDUCE THE REQUIRED PARKING FOR HOTELS IN THE CRA FORM-BASED ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 2. ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”; AT PART 3, ENTITLED “SPECIAL ZONING DISTRICTS”, SUBPART 1 ENTITLED “COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS” TO CREATE THE BEACH GATEWAY MIXED USE II DISTRICT (GTWY-MU-II) AT SECTION 303-75, ENTITLED “GTWY-MU-II, BEACH GATEWAY MIXED-USE II DISTRICT”; ALSO TO PROVIDE FOR THE FOLLOWING REVISIONS: AMENDING ARTICLE 300 ENTITLED “HOW TO USE”, SECTION 300-70, ENTITLED “COMMONLY USED ABBREVIATIONS”; AMENDING ARTICLE 302 ENTITLED “DETAILED USE REGULATIONS”, SECTION 302-10, ENTITLED “PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AT SECTION 302-40, ENTITLED “MIXING OF USES”; AMENDING ARTICLE 304 ENTITLED “BUILDING HEIGHT AND TRANSITION REGULATIONS”, AT “SECTION 304-10, ENTITLED “GENERALLY”; AMENDING ARTICLE 307 ENTITLED “LANDSCAPING REGULATIONS”, AT SECTION 307-10, ENTITLED “ON-SITE LANDSCAPING REQUIREMENTS”; AMENDING PART 1 “USE REGULATIONS”, ARTICLE 100 ENTITLED “GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS”, AT SECTION 100-60 ENTITLED “ESTABLISHMENT OF ZONING DISTRICTS; AMENDING ARTICLE 105 ENTITLED “USE REGULATIONS FOR Agenda – Dania Beach City Commission Tuesday, August 26, 2025 - 7:00 PM Page 9 of 9 RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”, AT SECTION 105-170 ENTITLED “COMMUNITY RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES”; AMENDING ARTICLE 110 ENTITLED “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS “, AT SECTION 110-20 ENTITLED “LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AMENDING AT PART 2, “SITE DEVELOPMENT REGULATIONS”, ARTICLE 200 ENTITLED “USER GUIDE FOR PART 2 OF THE CODE”, AT SECTION 200- 40 ENTITLED “HOW PART 2 OF THIS CODE RELATES TO THE CRA FORM- BASED AND PMUD REGULATIONS”; AMENDING ARTICLE 265 ENTITLED “OFF-STREET PARKING REQUIREMENTS”, AT SECTION 265-91 ENTITLED “PARKING REDUCTIONS FOR TRANSPORTATION DEMAND MANAGEMENT STRATEGY IMPLEMENTATION WITHIN THE CRA FORM-BASED DISTRICTS”; AMENDING ARTICLE 275 ENTITLED “LANDSCAPING REQUIREMENTS”, AT SECTION 275-170 ENTITLED “LANDSCAPE REQUIREMENTS FOR SCREENING”; AMENDING PART 5 “SIGNAGE AND DESIGN REGULATIONS”, ARTICLE 505 ENTITLED “SIGN REGULATIONS”, AT SECTION 505-20 ENTITLED “DEFINITIONS”; AMENDING SECTION 505-90 ENTITLED “SIGNAGE REGULATIONS FOR MIXED USE CRA FORM BASED ZONING DISTRICTS; AMENDING SECTION 505-210 ENTITLED “COMMUNITY REDEVELOPMENT AREA DESIGN INCENTIVES”; AND AMENDING PART 7, ENTITLED “ CODE ADMINISTRATION”, ARTICLE 700 ENTITLED “CODE ADMINISTRATION AND LEGAL PROVISIONS”, SECTION 725-30 ENTITLED “TERMS DEFINED”; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. DISCUSSION AND POSSIBLE ACTION 1. Discretionary Funds Use Policy - Sponsored by Mayor Davis 2. Lanyards of Support for Dania Beach Students – Sponsored by Mayor Davis 14. APPOINTMENTS: None 15. COMMISSION COMMENTS 16. ADJOURNMENT CITY OF DANIA BEACH OFFICE OF THE CITY MANGER 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) MEMORANDUM Date: August 26, 2025 To: Mayor Joyce L. Davis Vice Mayor Marco A. Salvino, Sr. Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner A. J. Ryan IV From: Ana M. Garcia, ICMA-CM, City Manager Subject: Manager’s Report It’s been an amazing summer break and while all senior leaders took some well-earned vacation time, our City via our deep bench continued to progress commencing and completing projects Citywide! I/we extend our heartfelt gratitude to Acting City Manager Fernando Rodriguez and Acting Deputy City Manager Eleanor Norena for their leadership, commitment and dedication to our City. We have built a seamless succession plan via our culture of RISE and our City Commission’s priority of ensuring we retain, recruit and promote the very best! Building relationships, economic development and promoting our City continues to be of great importance to us! Our City Commission and this administration are true ambassadors, for we are constantly networking and seeking and finding ways to get the word out about the jewel that is Dania Beach. Business in Focus Magazine reached out to the City Manager’s office to do a story on Dania Beach at no cost to our City. We did our due diligence and moved forward realizing the power of storytelling and its positive impact and potential for marketing our City. See the attached Dania Beach article from Business in Focus Magazine. As we speak about marketing and communications, I would be remised if I did not mention the efforts and ongoing success of our Marketing and Communications Team! The post of the “Turtle” art piece by world renowned artist Wyland with the deliberate and informative narrative and the lovely photos chosen has become a record setting post! As I write this report, we have over 2.1 thousand reactions, 4k engagements 200k views, and 250 shares. Our Art in Public places policy adopted unanimously by our City Commission, our Arts Board, City Staff, Wyland and the generosity of the Milton Group going above and beyond bringing a $1.5 million-dollar public art piece for the public to enjoy is truly remarkable and a great example of Teamwork! We received great news from our Washington DC partner/ lobbyist Josh Gaboton that Dania Beach has secured $1 million in the Fiscal 2026 Interior, Environment, and Related Agencies Appropriations Bill for our City’s Wastewater Infrastructure Improvement Project. The funds (if approved in federal budget) will be utilized to assist us with upgrading and modernizing the current old wastewater sewer system. The funding legislation must now be considered on the House Floor when Congress reconvenes following the August recess. One of the projects we completed during the summer break was all the City Hall restrooms. See photos. One of the projects we commenced was the window replacement project that is part of a large grant for hardening City Hall, Fire Station 1 and purchasing / the installation of a generator for our Police Substation. I’m pleased to report that the construction at CW Thomas Park is progressing nicely and on schedule. We are planning another Mayor on the Move to be scheduled for next Month at CW Thomas Park as we continue to build on our marketing and promotional strategy. The 1 position outside of BSO Police and the 3 CW Thomas Park personnel will be to augment and enhance Marketing, Communications, Tourism and Economic opportunities that will also support CRA strategies. We had another successful CORE Conversations meeting on August 20th at IT Parker. We had the opportunity to engage with many new residents and get reacquainted with residents we already knew. What continues to be the theme of our CORE discussion is our residents want us to keep investing in Parks, Infrastructure, Streets, Beautification and Storm Drainage. Many were very happy to hear about the Olsen School partnership and that we are completing the City’s first ever Storm Drainage Master Plan. Additionally, they want us to continue to invest in Code Compliance and Public Safety. We were the first BSO City to reach an agreement where both parties agreed on the finances as well as the Term of the Contract. We strongly believe that our negotiation skills, the relationship we have built with BSO as well as the reputation of our City Commission and Administration strongly supporting public safety were key factors to ensure we met our objectives. We will wait for BSO’s final consideration in September and follow with a contract coming forward for Commission approval. As of Wednesday, August 21st, we are at 92% completion of our Smart Meter installation project. We are on target to complete project prior to fiscal year end. The Frost Park Pickleball Sports Court Conversion project is back out to bid with a closing date of September the 8th. Previously we had received 4 bids. All 4 bids were deemed invalid due to incomplete/ unresponsive nature. We are ahead of schedule with marketing and ticket sales for our first Dania After Dark of the season. Oktoberfest has 113 pre-sold tickets for an event two months away. We encourage everyone to mark your calendars for October the 11th and get your tickets for our Oktoberfest VIP experience that promises to be our best ever event. The 34th Court Drainage Project commenced in the first week of August. We expect substantial completion of this key project by end of calendar year. We look forward to finishing both the fiscal and calendar year with a multitude of projects and programs moving forward. Please take the time to peruse the additional information and updates provided by all City Departments as we strive to inform our community with consistent updates and progress reports. City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH, FLORIDA 33004 August 14,2025 Special Magistrate Agenda Page 1 of 5 Case # Status Hearing Type Property Address Cited Party Default Inspector 2024-00001706 Active H-ABATEMENT - Abatement Hearing 43 SW 14 ST WU,NAI JEN & HE,XIAO XIA Alberto Chavarria 2024-00001730 Active H-EXTENSION - Extension Hearing 689 SW 7 TER MORENO, DIMAS J PADILLA H/E RUBIO, JASON A MEJIA Alberto Chavarria 2025-00000183 Active H-FIRST HEARING - First Hearing 238 S FEDERAL HWY 238 S F DANIA LLC Alberto Chavarria 2025-00000210 Active H-ABATEMENT - Abatement Hearing 209 SW 12 ST FLEMING FAMILY INVESTMENT LLC Alberto Chavarria 2025-00000673 Active H-FIRST HEARING - First Hearing 685 SW 7 TER 35 BIKE LLC Alberto Chavarria 2025-00000702 Active H-FIRST HEARING - First Hearing 200 E DANIA BEACH BLVD 200 EDB LLC Alberto Chavarria 2025-00000751 Active H-FIRST HEARING - First Hearing 738 SW 3 PL LENNOX DOZOVADO Alberto Chavarria 2025-00000884 Active H-REPEAT HEARING - Repeat Hearing 307 W DIXIE HWY 307 W DIXIE LLC Alberto Chavarria 2025-00000670 Active H-FIRST HEARING - First Hearing 1445 NW 10 ST JASON KENNETH ROWLAND Andre Smith 2025-00000683 Active H-FIRST HEARING - First Hearing 4520 SW 43 AVE FINE LINE PROPERTY HOLDNGS LLC Andre Smith 2025-00000684 Active H-FIRST HEARING - First Hearing 4761 SW 43 AVE E B N INVESTMENT CORP INC Andre Smith 2025-00000685 Active H-FIRST HEARING - First Hearing 4751 SW 43 AVE E B N INVESTMENT CORP INC Andre Smith City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH, FLORIDA 33004 August 14,2025 Special Magistrate Agenda Page 2 of 5 2025-00000688 Active H-FIRST HEARING - First Hearing 4325 SW 48 CT ABCD FLORIDA RESI DE LLC Andre Smith 2025-00000709 Active H-FIRST HEARING - First Hearing 3901 SW 56 CT IMRI & JENIFER SHWARTZ Andre Smith 2025-00000710 Active H-FIRST HEARING - First Hearing 4528 SW 54 ST 301-B ESTEVES NILDA RAQUEL Andre Smith 2025-00000713 Active H-FIRST HEARING - First Hearing 4350 SW 48 CT DIDI CAPITAL CORP Andre Smith 2025-00000799 Active H-FIRST HEARING - First Hearing SW 54 ST CONSOLIDATE MANAGEMENT CO % EMERALD ISLES CONDO Andre Smith 2025-00000860 Active H-REPEAT HEARING - Repeat Hearing 5101 SW 43 TER VILLALOBOS, JAIME Andre Smith 2024-00000204 Active H-EXTENSION - Extension Hearing 601 NW 3 TER ANGIE YUK NGAN WONG Anson Westberry 2024-00000769 Active H-EXTENSION - Extension Hearing 23 SE 12 ST ZORG HOLDING DB LLC Anson Westberry 2025-00000536 Active H-FIRST HEARING - First Hearing 205 SE 3 ST GMAX FL LLC Anson Westberry 2025-00000560 Active H-FIRST HEARING - First Hearing 201 NE 2 AVE 203 NE 2 AVE LLC Anson Westberry 2025-00000669 Active H-FIRST HEARING - First Hearing 1121 S FEDERAL HWY ARD FLORIDA INVESTMENTS LLC Anson Westberry 2025-00000766 Active H-FIRST HEARING - First Hearing 601 E DANIA BEACH BLVD DANIA BEACH RENTALS LLC Anson Westberry 2025-00000772 Active H-FIRST HEARING - First Hearing 130 NE 2 AVE MARREN, R D JR & JOANNA W Anson Westberry City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH, FLORIDA 33004 August 14,2025 Special Magistrate Agenda Page 3 of 5 2025-00000354 Active H-FIRST HEARING - First Hearing NW 14 AVE BESNER HILDA & JACK BESNER IRREV TR Luciano Nibbs 2025-00000633 Active H-FIRST HEARING - First Hearing 110 NW 1 ST DANIA WAREHOUSE 110 LLC Luciano Nibbs 2025-00000668 Active H-FIRST HEARING - First Hearing 2 SW 6 AVE YOSEF D FRIEDMAN Luciano Nibbs 2025-00000697 Active H-FIRST HEARING - First Hearing 226 NW 6 AVE JEAN PAUL RIVADENEIRA & RICARDO MONTALVO TORRES Luciano Nibbs 2025-00000705 Active H-FIRST HEARING - First Hearing 915 NW 7 ST GARCIA, ORLANDO Luciano Nibbs 2025-00000777 Active H-FIRST HEARING - First Hearing NW 12 AVE SOUTHEASTERN CONFERENCE ASSN OF SEVENTH DAY ADVENTISTS INC Luciano Nibbs 2025-00000782 Active H-FIRST HEARING - First Hearing 2 SW 6 AVE YOSEF S FRIEDMAN Luciano Nibbs 2025-00000829 Active H-FIRST HEARING - First Hearing 140 S COMPASS WAY DANIA LIVE 1748 LLC % KIM REALTY Luciano Nibbs 2024-00001046 Active H-CONFIRMATION - Confirmation Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001051 Active H-CONFIRMATION - Confirmation Hearing SW 34 TER GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001052 Active H-CONFIRMATION - Confirmation Hearing SW 34 TER GRIFFIN HARBOUR LLC Michelle Shahryar 2024-00001531 Active H-CONFIRMATION - Confirmation Hearing 3463 GRIFFIN RD C LOT GRIFFIN HARBOR LLC Michelle Shahryar City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH, FLORIDA 33004 August 14,2025 Special Magistrate Agenda Page 4 of 5 2024-00001598 Active H-EXTENSION - Extension Hearing 2111 SW 31 ST HOLLY CHAN ENTERPRISES LLC Michelle Shahryar 2025-00000128 Active H-CONFIRMATION - Confirmation Hearing SW 34 TER GRIFFIN HARBOR LLC Michelle Shahryar 2025-00000288 Active H-FIRST HEARING - First Hearing 4261 RAVENSWOOD RD ARK RUSTIC INN REAL ESTATE LLC Michelle Shahryar 2025-00000460 Active H-FIRST HEARING - First Hearing 4564 SW 25 AVE SWENSON, KRISTIE L Michelle Shahryar 2025-00000173 Active H-EXTENSION - Extension Hearing 4711 SW 43 AVE ANTHONY R RODRIGUEZ Ricky Ali 2025-00000322 Active H-EXTENSION - Extension Hearing 4164 SW 52 ST GARZA, RUBEN Ricky Ali 2025-00000629 Active H-FIRST HEARING - First Hearing 4444 SW 52 ST LEVY, JOSEPH Ricky Ali 2025-00000859 Active H-RECURRING - Recurring Hearing 2051 GRIFFIN RD 2051 GRIFFIN ROAD LLC Ricky Ali 2021-00000851 Active H-SPEC HEARING - Special Set Hearing 1211 STIRLING RD ATLANTIC 18 LLC Windy Damis 2024-00001615 Active H-EXTENSION - Extension Hearing 5753 SW 24 AVE TIMOTHY NOLAN RAZOR Windy Damis 2024-00001745 Active H-EXTENSION - Extension Hearing 4960 SW 29 WAY MOLINO WILLIAM J Windy Damis 2025-00000604 Active H-FIRST HEARING - First Hearing 4971 SW 29 WAY MCWEENEY, WILLIAM & JENNIFER Windy Damis 2025-00000612 Active H-FIRST HEARING - First Hearing 5525 SW 24 AVE JAMIE ACEVEDO H/E & MAYRA B MARQUEZ Windy Damis City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH, FLORIDA 33004 August 14,2025 Special Magistrate Agenda Page 5 of 5 2025-00000618 Active H-FIRST HEARING - First Hearing 5813 SW 24 AVE YAAQOV K THALLER Windy Damis 2025-00000655 Active H-FIRST HEARING - First Hearing 3032 SW 52 ST ALEX GONZALEZ Windy Damis 2025-00000659 Active H-FIRST HEARING - First Hearing 5430 SW 25 AVE E & D DANIA LIMITED LLC Windy Damis 2025-00000662 Active H-FIRST HEARING - First Hearing 4920 SW 29 TER JOHN & RONETTE YARBROUGH Windy Damis 2025-00000715 Active H-FIRST HEARING - First Hearing 5536 PARK RD BARET, COHAVA BARET, ILAN Windy Damis 2025-00000719 Active H-FIRST HEARING - First Hearing 2456 SW 58 MNR ALON ELBAZ Windy Damis CITY OF DANIA BEACH HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: August 18, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager FROM: Linda Gonzalez, SPHR, SHRM-SCP – Chief Human Resources Officer LG RE: Human Resources and Risk Management Report Overview The Human Resources and Risk Management Department continues to deliver exceptional service while advancing strategic initiatives that strengthen the City’s workforce, enhance employee engagement, and position HR as a proactive partner in achieving organizational excellence. Below is a summary of our activities and accomplishments over the past month. Recruitment and Talent Acquisition The past two months have marked one of the busiest recruitment seasons to date. Our HR team successfully navigated this period with strategic focus and collaboration, ensuring that critical staffing needs were met across multiple departments. Highlights include: • Posted (4 positions): Recreation Assistant OC (2 positions), Equipment Operator II (Stormwater), Beach Lifeguard PT • Interview/Offer Process (3 positions): Project Manager, Cemetery Assistant (2) • Background Process (4 positions): Beach Ranger PT, Beach Lifeguard OC (2), Water Treatment Plant Operator • Recent Hires/Status Changes (10 positions): Beach Ranger PT, Recreation Assistant OC, Service Worker II, Administrative Assistant, and several internal promotions Our recruitment efforts went beyond traditional posting. By leveraging multiple platforms (LinkedIn, Indeed, Florida League of Cities) and building relationships through career fairs such as Sheridan Technical College, we significantly broadened our candidate pipeline. These efforts demonstrate our forward-thinking approach to talent acquisition, ensuring we attract and retain top talent for the City. Equally important, we continue to model excellence in customer service by maintaining clear, timely, and professional communication with both candidates and hiring managers. This dedication reflects the caliber of HR professionals serving the City and highlights our commitment to both operational efficiency and the candidate experience. Page 2 of 3 Training and Development Professional growth remains a cornerstone of our strategy. Our Training and Development initiatives provide both new and seasoned employees with meaningful opportunities to enhance their skills and leadership capabilities. • Onboarding Excellence: Our 3rd Quarter Onboarding Session will be hosted August 21 to ensure new hires are fully equipped to thrive. Following the onboarding session, HR conducts a call-back session to check in with our team members who have been with the City for 90 days. This is a check-in session to support their retention needs gather feedback about opportunities for improvement. • Professional Development Series: Launched August 7 with a focus on organizational and time management skills. Early feedback has been overwhelmingly positive. • Supervisor Leadership Development: The Government for Supervision certificate program, in partnership with FAU, begins August 27 for 22 newer and emerging leaders. This four-day certificate program aligns with our Personnel Policy Manual and Collective Bargaining Agreement, making the content highly relevant to our policies, and day-to-day operations. The purpose of this program is to enhance leadership skills among our supervisors, providing them with advanced strategies for effective management and team development. • HR Expertise Advancement: Two HR team members completed coursework toward national HR certifications. Three of our current team members are already certified with one or more professional HR credentials. Employee Engagement and Culture We remain committed to creating a workplace culture that values recognition, connection, and employee well-being. • Employee Magazine: Completed and distributed the bi-annual Huddle Employee Magazine. • Recognition Programs: Anniversary pins were distributed in July to honor employee milestones. • Employee Socials: On July 17, we hosted our third annual Ice Cream Social. Employees expressed gratitude for the opportunity to connect across departments, strengthening teamwork and morale. Risk Management, Wellness, and Safety HR continues to take a proactive role in safeguarding City operations and employee well-being through forward-looking initiatives. • Finalized the Risk Management Guide for Managers. • Updated all property insurance schedules and submitted them for renewal. • Completed quarterly CDL random drug testing, with all drivers passing. • Applied for and received a $5,000 reimbursement through the TIPS Program to offset safety repair and expense costs, reinvesting funds into workplace safety improvements. • Preparing to launch the Eagle Eye Program in September. • Scheduled the next Safety and Wellness Committee meeting for September 25. Page 3 of 3 Compensation and Benefits Our team continues to ensure employees have access to robust, competitive benefits while introducing innovative enhancements. • Open Enrollment: Runs August 18–29, with new four-tier dental and vision options. • Medical Premiums: A slight increase will occur for the first time in six years. • New Benefit: BeyondMed, a City-paid supplemental plan, has been introduced for employees and their families. • Wellness: Relaunched the Thriving Thursday wellness series on August 7, with strong employee participation and positive feedback. Continuous Improvement and Innovation As a strategic partner, HR continues to implement forward-thinking solutions that increase efficiency and mitigate risk. • Developing an automated interface with the Florida Driver’s License and Motor Vehicle Record Data Exchange, allowing daily license validation instead of annual manual checks. • Nearing completion of the JDXpert implementation project to improve job description and position management processes. Conclusion The Human Resources and Risk Management Department continues to lead with vision, professionalism, and innovation. We go beyond transactional processes to serve as a strategic partner for the City—driving talent acquisition, fostering employee growth, strengthening organizational culture, and safeguarding both people and resources. Our commitment remains clear: to position Dania Beach as an employer of choice, ensuring our employees are engaged, supported, and empowered to deliver excellence to the community we serve. 1 CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: August 19, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager FROM: Cassi Waren, CPRP, Parks & Recreation Director SUBJECT: Parks and Recreation Updates Parks and Recreation Department Updates Project updates Project Updates: • CW Thomas Park – The CW Thomas Park project continues to move along smoothly. We are hoping to have power to the new building by the August 22nd which will allow the team to finish the interior of the building. Tile flooring is complete throughout the building. Insulation and drywall are complete, and interior painting is in progress. The pool building shell is complete and pool equipment has begun to arrive and be installed. The pool concrete has been poured, and tile work is in progress. The field press box arrived and has been installed. Field work is set to begin the end of August. 2 • Olsen Middle School – Design is ongoing. Architectural and engineered drawings and equipment selections for phase 1, the field/court/dog park portion of the park, are ongoing. • Chester Byrd Park – The RFQ for the design services has been reviewed and the ranking of the respondents is going before City Commission August 26th. • PJ Meli Park – Bermello Ajamil is working on the design of the park. The Construction Manager at Risk has been onboarded. • Frost Park Pickleball Sports Court Conversions – This item went out to bid and we received four responses. All four responses were incomplete and considered unresponsive. We have worked with procurement to put the bid back out and it closes September 8th. • Rita Crockett Beach Sports Academy – Construction is nearing completion at Frost Park pending the approval of the new location of the fence that is going before City Commission on August 26th. • Frost Park Concession Stand – Construction is underway with a majority of the work nearing completion. Ocean Rescue participated in a multi-agency mock water rescue scenario at Port Everglades working with the Coast Guard, BSO Marine Unites, BSO Fire Rescue, FWC, Fort Lauderdale Fireboat and other rescue agencies. The training worked on communications among all agencies in the event of an MCI in the water. Ocean Rescue Report: • Rescues – 1 • Medical – 2 • Law Enforcement Calls – 2 • Missing Person – 1 • Wildlife or Domestic Rescue – 3 The special events staff teamed up with HR to host another successful Ice Cream Social on July 17th. Approximately 75 employees participated. The annual Back to School Backpack giveaway was hosted on August 7th. City staff demonstrated remarkable dedication, working through inclement weather to ensure the event was a success. Despite the weather, we still distributed approximately 100 backpacks on-site and the remaining backpacks were brought to Frost Park, CW Thomas Park and PJ Meli Park for distribution to the community. The Dania After Dark Oktoberfest ticket sales have begun, 113 tickets have been sold thus far. Special event applications processed – 34 Special event applications approved - 23 Summer Camps were a huge success with all camps selling out. • Frost Park – 77, Revenue - $39,934.91 • CW Park – 36, Revenue - $14,958.12 3 • PJ Meli – 31, Revenue - $16,413.75 • Teen Camp – 60 (free camp), 21 teens on the waitlist, we hope to expand next year. • Jr. Lifeguard Camps – 81, Revenue - $12,625 • Total Campers – 285, Total Revenue - $83,931.78 Registration for the 2025 – 2026 Rising Stars After School kicked off with the start of the new school year. PJ Meli Park has 22 kids with 8 spaces PJ Meli. Frost Parks and CW Thomas Parks Rising Star program are sold out. Ongoing programs: • Rising Stars at CW Thomas Park, Frost Park and PJ Meli Park • FitFusion at CW Thomas Park • Hip Hop and Contemporary Dance at CW Thomas Park • Tint Tots at CW Thomas Park • Junior Chefs at CW Thomas Park • Checkmate Academy at CW Thomas Park • Adult Game Club at CW Thomas Park • Domino Club at CW Thomas Park • YAC at PJ Meli Aquatic Complex • Karate at PJ Meli Park • Swim Team at PJ Meli Park • Waterpolo at PJ Meli Park • Social Seniors at PJ Meli Park • Kreation Station at Frost Park • Sew Kreative at Frost Park • Sunday Cards Program at Frost Park • Table Game Tuesdays at Frost Park Athletic Programs (ongoing/upcoming): • Football/Cheer at Frost Park • Adult Kickball at PJ Meli Park • Lil Sluggers at PJ Meli Park • Basketball Clinic • Jr. Youth Sports Clinic • Little Sea Stars • Soccer at Frost Park • Tennis at Frost Park & PJ Meli Park • Volleyball Staff continues to evaluate the current and new programs to ensure we are offering the best programs for our community for all ages. Be on the lookout for new programming rolling out in the next couple of months. CITY OF DANIA BEACH MARKETING AND COMMUNICATIONS DIVISION MEMORANDUM DATE: August 26, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager FROM: Nannette Rodriguez, Director of Marketing and Communications SUBJECT: Marketing and Communications Division Report The City’s website, social media, digital signs, and Cable TV Channel 78 continue to be updated with relevant, new and important information. Media support is provided to all City departments and their projects. There is an ongoing effort to enhance digital communications and engagement by implementing best practices. Below are the latest activities from mid -June through Mid-Aug 2025: Projects Publications: Produced and distributed July and August eNews editions. Updated website with July and August eNews link. Finalized the summer edition of the employee newsletter, Huddle. Events Marketing Support: Event support may include branding, signage, event site and marketing collaterals, photography, video recordings and pre- and post-event posts online and on social media. • External event promotions included the Back-to-School Beach Cleanup, Safety Saturdays (Child Safety Seats), and the launch of Oktoberfest promotions. • Internal event support included the Smart Meter Workshop, including flyer, video and social media content. Videos: Produced and posted videos for swimming lessons, s mart meter project, lifeguard recruitment, volleyball, tennis, Jr. youth sports, Little Sea Stars and Parks and Recreation Month recap. Created PSA for Back to School Beach Cleanup. Videos uploaded to digital video boards, social media and Dania Beach PEG channel. Other Marketing Materials & Graphics: Designed Southeast Drainage Project door hanger and Griffin Road Closure materials (website, email blast, social media, and Alert Dania Beach). Traffic Advisories for Griffin Rd. and Stirling Road Closures, Created flyers for City Hall closure, Utility Public Hearing and recruitment postcard for Ocean Rescue Lifeguard position. Completed promotional flyers for fall athletics (baseball, basketball, volleyball, soccer), Tiny Tots and senior programs. Finalized branding for Eagle Eye and began layout for State of the City-themed invitations. Designed new utility bill template and Budget Book graphics and updated resident parking decals, updated SE drainage door hangers for phase II. Finalized design for Eagle Eye marketing materials. Signs: Designed the new regulatory and customer service signs for the Dania Beach Pier, new billboard sign for Dania Cut-Off Canal billboard, and new regulatory signs for the parks and courts. Website & Project Support: Updated Recreation page with CivicRec launch information. Developed layout for Laserfiche webpage. Posted updated job openings and recruitment information for lifeguard and other positions. Worked with IT department to set up Eagle Eye platform. Campaigns & Initiatives: Supported Smart Meter rollout by co-branding the presentation, producing video content, and creating an email and social media campaign. Continued Safety Saturday’s campaign with scheduled posts on all social media . Promoted Wyland’s public art piece on social and digital platforms. Posted Fourth of July closure info. Produced ads for Dania After Dark and Oktoberfest campaign. Created Oktoberfest Ad Campaigns News / Media Relations: Supported PR coverage and post for M. C. Frost Home designation. Attended Florida Regional PIO meeting to discuss communication trends and best practices in crisis. Administrative Support: Set up Hootsuite Enterprise account for centralized scheduling and tracking. Met with Comfort for Chaos regarding marketing strategies. Finalized website design. Analytics : • Email campaigns: Past 30 Days: Three Campaigns, Open Rate: 58%, Click- through Rate: 3%, Total contacts: 9,347 • Facebook: Reach, 46,738; Profile impressions, 394,810; New followers, 221; Followers, 11K engagement rate, 5.95% • Instagram: Profile impressions, 566,196; Reach, 16,461; Page visits , 2.7K; New Followers, 386; Followers, 11K; Post engagement rate, 4.6% • X: Followers, 2,937; Post impressions, 814; Post engagement rate, 6.27% • YouTube: Channel views, 845; Subscribers, 635 • LinkedIn: Followers, 1,605; New Followers, 60; Page views, 294 • Everbridge: Community subscribers: 5,485; Alert Dania Beach subcribers:256; Dania Events subscribers: 167 CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT MEMORANDUM FJR/fjr \continued… DATE: August 26, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Fernando J. Rodriguez, Public Services Director CC: Sean Schutten, P.E., Deputy Director/City Engineer RE: PUBLIC SERVICES DEPARTMENT ACTIVITIES – June 1, 2025 to August 25, 2025 Provided below is a summary of the main PSD project activities for roughly the past four weeks: Departmental Staffing – Administration – After successfully completing recruitment efforts for the PS Administrative Assistant, the position has been filled. Recruitment for the Project Manager position is ongoing. City Hall Hardening Project – The hurricane/impact window component is well under way, with the installation of roughly 100 impact windows to begin in late September. Substantial completion of all windows is expected by the end of the year (weather permitting). This component of the project will significantly improve the safety and indoor environment of occupants (reduced noise and humidity) and better protect the building during periods of storm or hurricane force winds. Women’s Club Historic Restoration – The ITB process was completed, with the contractor’s selection made in late July. Work on the historic restoration is expected to begin in September. SW 34th Court Drainage Project – Work commenced in early August, with substantial completion by the end of the year. Ocean Park Restrooms – These new, fully updated restrooms on the north end of the park will replace the restrooms adjacent to the sand. The site plan was submitted on July 3rd and has gone through the first DRC review. The Committee’s comments were addressed and resubmitted in early August. Bidding and start of construction are expected in the first quarter of 2026. PUBLIC SERVICES ACTIVITIES June 1 to August 26, 2025 Date: August 26, 2025 FJR/fjr SE Drainage Project - Phase I: This phase has proceeded smoothly overall. All 12 injection wells have been successfully installed and the work on the pump station is ongoing. Substantial completion is expected by mid-summer 2026. - Phase 2: The construction contractor has been selected via the ITB process, and work is expected to begin in September. Griffin Road/East Landscape Refurbishing – Work on the medians began in mid-August and is expected to be substantially completed by year’s end. GRANTS FDOT- Highway Beautification Grant – Both Highway Beautification Grant applications submitted last fall, totaling $224,000, have been awarded! The City formally accepted the grants in January and had a Phase 2 kick-off meeting with FDOT and the consultants in March to outline to project schedule. The design is under way. Public Services plans to submit for an additional FDOT-Beautification Grant in 2026 for Stirling Road. House Appropriations Committee – Community Project Funding – Additional good news…of the two PSD projects for Federal funding from the House Appropriations Committee one was awarded in the amount of $1,000,000 for Lift Station No.12 rehabilitation. The contractors will mobilize within the next month for construction of this project, which was awarded earlier this year. FDOT – NW 1st Street Streetscape Beautification – This grant is for design services for the streetscape beautification project. The agreement with the consultant, Kimley Horn and Associate (KHA) was approved and the kick-off meeting with FDOT and our consultant took place in June. KHA submitted the preliminary submittal items in late June, which is under review by FDOT. The design is required to be completed by December 31, 2025. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) MEMORANDUM DATE: August 18th, 2025 TO: Ana M. Garcia, ICMA - CM, City Manager FROM: Jason Tarala, Captain/Chief - Broward Sheriff’s Office RE: Dania Beach Monthly Memo to City Manager – June - August 2025 Below are the monthly crime reports for part 1 crimes from 6/12/2025 to 8/16/2025: Notable Increases/Decreases When compared to the previous report: • Part 1 crimes increased by 13% over the past nine weeks • Auto thefts increased by 25% • Burglaries increased. • Robberies increased by 6% • Theft incidents decreased by 3% Total Arrests • 256 arrests made by Road Patrol • 23 arrests made by the Crime Suppression Team • 42 arrests made by Criminal Investigations Notable Arrests/Initiatives • Dania Beach detectives conducted an operational plan to address the recent burglaries at marinas and storage facilities. While conducting surveillance, detectives stopped a suspicious vehicle leaving a storage facility. The driver was arrested for having several outstanding warrants for burglary and grand theft. His vehicle was searched, and numerous stolen items were located, including items recently stolen from a Dania Beach marina. It was then learned that the suspect was renting a storage unit in Dania Beach, so a search warrant was executed. Over 50 additional stolen items were located. Further investigation revealed he sold additional stolen items to various pawn shops, using false names or fake IDs. He was also identified as the culprit that stole a trailer from another Dania Beach storage facility. Other law enforcement agencies were notified of the recovered items, and the suspect was charged accordingly. • Ten additional charges were filed relating to the former USPS Dania Beach employee. An associate was also federally charged. Both parties are expected to take plea deals. • A road rage incident occurred, resulting in the suspect threatening to shoot the victim. He was charged accordingly. • A suspect was arrested after defrauding a roofing company of a truckload of supplies. The supplies were recovered and returned to the roofing company. 6/12/2025 – 8/16/2025 321 Proactive Enforcement Overall, 23 arrests were made by the Crime Suppression Team (CST). CST served two risk protection orders, resulting in 23 firearms being seized. Two additional firearms were seized during narcotics arrests. Detectives also intervened when they witnessed a subject that was attempting to stab his girlfriend. Because of their quick response, the suspect dropped his weapon prior to stabbing her. He was arrested and charged. Multiple other suspects were arrested after conducting proactive patrol (via undercover surveillance and traffic stops) along Federal Highway. The following narcotics were recovered: 16g cocaine, 3g crack cocaine, 16 Xanax pills, 27g cannabis, and 10g heroin. One suspect was charged with trafficking heroin and had an outstanding warrant for committing various sex crimes on children. CST continues to dedicate time to checking the Dania Beach parks and assisting road patrol deputies with taking domestic violence offenders into custody. Motors/Commercial Vehicle Enforcement • Between Dania Beach motor units and road patrol deputies, 799 warnings and citations were issued during the last nine weeks. • Dania Beach participated in BSO’s 4th Annual Operation Summer Splash – focusing enforcement efforts on speeding and aggressive driving along highways and major roadways. • A back-to-school operation plan was created to ensure students, parents, and staff experienced a safe transition their first week back. Deputies and detectives were recruited from multiple units to facilitate vehicular and pedestrian traffic and deter dangerous behavior. • Speed trailers, message boards, license plate readers and SkyWatch towers remain deployed throughout the city. Homeless Outreach Team (HOT) • A mother of two was using her credit cards to live at a hotel. She has been working with Dania Beach’s Homeless Outreach Team deputies, along with the Broward County Housing Navigator Program and BSO’s countywide taskforce for arrangements for new, affordable housing. • HOT, CST, Drone Unit, and Traffic Unit assisted in securing the vacant building located at 4101 Griffin Rd. The building was burglarized and the subject inside was arrested and charged with burglary, possession of drug paraphernalia, and outstanding warrants. The building was secured, and the owner completed a trespass affidavit. • HOT deputies located new encampments at 900 SW 4th Ave and 400 SW 1st St. Both encampments were removed. • Routine area checks have been completed at: o City Hall o Frost Park o Chester Byrd Park o Meadowbrook Square Plaza (Ideal Mall) o Ocean Park Beach • In total, HOT deputies conducted 284 area checks and documented contact with 44 people. Neighborhood Support Team (NST) Follow-Up/Directives/Initiatives Juneteenth Event – June 21, 2025 – NST Unit attended the City of Dania Beach Juneteenth Celebration, held at Frost Park from 12:00pm – 5:00pm. Dania Beach Summer Break Spot “DLE/Crime Scene” – June 24, 2025 – NST Unit, along with a Crime Scene Unit technician visited our three local parks—Frost Park, CW Thomas Park, and PJ Meli Park. During these visits, they engaged with the children and provided an interactive and educational experience. The detective explained the various aspects and requirements of being a crime scene analyst, offering insights into the skills, training, and dedication needed for the role. Through these interactions, the Crime Scene Unit aimed to inspire and educate the youth about the field of forensic science and the important work involved in crime scene investigations. Illegal Dumping – June 25, 2025 – NST was notified by a city employee about illegally dumped foliage on city property. NST Deputies were able to contact the Homeowner and, as a result, the items were removed and properly disposed of. Dania Beach Summer Break Spot “DOD/ERT Unit” – July 1, 2025 – NST Unit, along with the Department of Detention's Emergency Response Team visited three of our local parks—Frost Park, CW Thomas Park, and PJ Meli Park. During their visit, they engaged with the children, explaining the critical role the Emergency Response Team (ERT) plays within the detention facility. BSO Teen Camp Event – July 10, 2025 – NST participated in the Inaugural BSO Teen Camp Event held at Hollywood Memorial Hospital. This event was held for teens that reside in the southern part of Broward County. The event, which consisted of 100 teens, spanned the course of six hours and covered a multitude of topics such as drugs, vaping, safe driving, sexting, etc. Hallandale Pharmacy – July 11, 2025 – NST Unit met with the Head of Security at the Hallandale Pharmacy within Dania Beach. A complete tour was conducted of the facility to discuss security concerns/suggestions. Information was provided to security staff regarding BSO Real Time Crime Center and how to become connected to the program. NST Unit also coordinated a rollcall briefing with road patrol deputies be held on-site to become familiar with the facility layout. Dania Beach Summer Break Spot “QRF” Unit – July 15, 2025 – NST Unit, along with BSO Quick Response Force Unit visited three of our local parks – Frost Park, CW Thomas Park, and PJ Meli Park. During their visit, the campers were able to learn what happens when a quick response is needed, equipment utilized, and the primary goal of keeping everyone safe. Dania Beach Teen Camp “Hangar Visit”- July 16, 2025 - NST Unit, along with the Dania Beach Teen Camp visited the BSO Hangar Facility in Ft Lauderdale. The campers got the opportunity to tour a BSO helicopter and speak in depth with the deputy pilots that operate the helicopters throughout Broward County for a multitude of emergency calls. BSO Teen Camp “Main Jail Tour” – July 17, 2025 – NST Unit transported several Dania Beach Teen Camp participants to the BSO Main Jail in Fort Lauderdale. This 2-hour, behind the scenes tour allowed the campers to see the other side of public service/law enforcement. They also got the opportunity to see that how many career opportunities are within the Department of Detention. Dania Beach Summer Break Spot “SWAT” Unit – July 22, 2025 – NST Unit, along with the BSO Special Weapons and Tactics “SWAT” Unit members visited three of our local parks – Frost Park, CW Thomas Park, and PJ Meli Park. During the visit, the children got the opportunity to get inside of a SWAT vehicle, see some of the equipment used to enter a home, and ask questions pertaining to SWAT operations. Dania Beach Summer Break Spot “K-9 Unit” – July 29, 2025 – NST Unit, along with BSO K9 “Apprehension Unit” Detectives visited three of our local parks—Frost Park, CW Thomas Park, and PJ Meli Park. During the visit, the children got the opportunity to learn how a K9 - apprehension dog is selected and trained for the job. The campers got the opportunity to see how the K9 handler deploys the K9 to look for a suspect, how the K9 apprehends the suspect, and how the K9 handler maintains control of the dog throughout the situation. The campers were able to witness the entire scenario from start to finish. Beach Clean Up/Bookbag Giveaway – August 7, 2025 – Participated in Mayor Joyce Davis’s Annual Beach Cleanup & Bookbag Giveaway. Back to School Bookbag Giveaway – August 9, 2025 – NST Unit participated in Emmanuel Church of God in Christ Bookbag Giveaway. NST Deputies were able to speak with the children and encourage good behavior and the importance of staying safe as they start the new school year. School’s In Session Operational Plan – August 11-15th 2025, - NST Unit assisted with the operational plan during the first week of school with increased patrol and visibility at all Dania Beach Schools, particularly during arrival/dismissal times. Meetings Zoom/In Person • June 26, 2025 – BSO In-Service Training – 10:00am – 12:00pm • June 26, 2025 – Dania Beach Safety Committee Meeting – 1:00pm • June 27, 2025 – BSO In-Service Training – 8:00am – 12:00pm • July 8, 2025 – BSO Train the Trainer – 8:00am – 12:00pm • July 9, 2025 – Dania Beach Chamber Meeting – 11:30am • July 16, 2025 – Drowning Prevention Task Force Meeting – 9:30am • August 14, 2025 – BSO Rifle Qualifications – 10:00am BROWARD SHERIFF’S OFFICE CITY OF DANIA BEACH CALLS FOR SERVICE – 240 ZONE 6/12/2025 – 8/16/2025 THERE WERE A TOTAL OF 487 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST NINE WEEKS. THERE WERE A TOTAL OF 36 PART 1 CRIMES FOR 240 ZONE WITHIN THE LAST NINE WEEKS. THERE WERE A TOTAL OF 125 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST NINE WEEKS. CITY OF DANIA BEACH FINANCE DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Ana M. Garcia, ICMA-CM, City Manager. , August 202 Finance Monthly Report –July Please find attached the month Finance report. Highlights of the report include the following: Revenues Building Fund Revenues Pier Revenue Beach Parking Revenue Commercial Solid Waste Hauler Franchise Fees Capital Projects Master Capital projects Schedule to include Grants Information Technology Online Credit Card Payments Beach Camera Views Website Visits by Device Commission Meeting Views Number of Citywide Phone Calls Number of E-Bill Users by Month Kiosk collections Business Tax Receipt Activity Out of Business/Inactive New Applications Utility Reports Delinquency Report Meter Replacement Reports Aging Report Contingency and Fund Balance Estimate Building Fund Collections Building Fund - thru July 2025 2021/22 2022/23 2023/24 2024/25 Monthly October 1,144,624 613,610 272,140 120,615 November 107,616 183,413 742,357 110,166 December 1,142,811 1,267,607 343,469 210,595 January 146,194 193,243 175,715 198,574 February 490,813 588,953 258,034 203,711 March 281,847 202,690 159,520 476,218 April 283,429 356,512 175,277 176,349 May 226,093 153,965 421,096 171,643 June 399,287 181,738 191,611 123,451 July 132,426 212,528 288,360 142,639 August 755,979 767,780 2,087,847 September 1,003,182 202,415 209,254 Total 6,114,301 4,924,453 5,324,681 1,933,960 2021/22 2022/23 2023/24 2024/25 Cumulative October 1,144,624 613,610 272,140 120,615 November 1,252,240 797,023 1,014,498 230,781 December 2,395,051 2,064,630 1,357,967 441,376 January 2,541,246 2,257,873 1,533,681 639,950 February 3,032,058 2,846,825 1,791,716 843,661 March 3,313,906 3,049,515 1,951,236 1,319,879 April 3,597,334 3,406,027 2,126,512 1,496,228 May 3,823,427 3,559,992 2,547,608 1,667,870 June 4,222,715 3,741,730 2,739,219 1,791,321 July 4,355,140 3,954,258 3,027,579 1,933,960 August 5,111,119 4,722,038 5,115,426 September 6,114,301 4,924,453 5,324,681 Annual Goal 4,741,977 4,868,000 5,191,000 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Do l l a r s Monthly Building Fund Collections 2021/22 2022/23 2023/24 2024/25 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 Do l l a r s Building Fund Collections - Cumulative Y-T-D 2021/22 2022/23 2023/24 2021/22 Pier Revenues Pier Revenues - thru July 2025 2021/22 2022/23 2023/24 2024/25 Monthly October 52,575 50,313 51,495 79,614 November 45,411 43,917 49,561 72,745 December 52,271 50,942 45,928 73,627 January 45,906 58,345 52,190 86,644 February 308,830 294,357 259,466 95,845 March 59,863 73,487 66,698 101,540 April 59,852 63,945 63,244 90,201 May 55,621 60,688 62,991 64,881 June 56,858 60,003 64,114 76,113 July 66,152 71,604 70,205 76,067 August 52,975 58,871 64,092 September 50,426 60,849 65,294 Total 906,740 947,320 915,279 817,278 Balance includes true-up for the annual rent of the Quarterdeck based on the lease agreement. 2021/22 2022/23 2023/24 2024/25 Cumulative October 52,575 50,313 51,495 79,614 November 97,986 94,229 101,056 152,359 December 150,257 145,171 146,984 225,986 January 196,163 203,516 199,174 312,631 February 504,993 497,873 458,640 408,476 March 564,856 571,360 525,338 510,017 April 624,708 635,305 588,583 600,218 May 680,329 695,993 651,574 665,099 June 737,187 755,996 715,688 741,212 July 803,339 827,600 785,894 817,278 August 856,314 886,471 849,985 September 906,740 947,320 915,279 Annual Budget Goal 844,816 937,301 942,488 925,209 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 Do l l a r s Monthly Pier Collections 2021/22 2022/23 2023/24 2024/25 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 Do l l a r s Pier Collections - Cumulative Y-T-D 2021/22 2022/23 2023/24 2024/25 Parking Fee Collections Beach Parking - thru July 2025 2021/22 2022/23 2023/24 2024/25 Monthly October 101,582 130,026 203,967 143,031 November 75,146 95,694 156,460 146,923 December 102,321 104,713 115,640 125,726 January 91,751 164,030 162,393 150,948 February 107,375 102,648 179,664 225,332 March 145,848 209,333 294,283 331,752 April 183,397 172,853 308,344 348,327 May 210,704 197,957 307,252 327,250 June 188,603 188,603 206,128 325,726 July 224,411 219,627 269,299 274,561 August 171,951 197,119 185,189 September 134,616 151,776 204,001 Total 1,737,704 1,934,380 2,592,620 2,399,578 2021/22 2022/23 2023/24 2024/25 Cumulative October 101,582 130,026 203,967 143,031 November 176,728 225,720 360,427 289,954 December 279,049 330,433 476,068 415,680 January 370,800 494,463 638,460 566,629 February 478,175 597,111 818,125 791,961 March 624,023 806,444 1,112,407 1,123,713 April 807,420 979,297 1,420,751 1,472,041 May 1,018,123 1,177,255 1,728,003 1,799,291 June 1,206,726 1,365,857 1,934,131 2,125,016 July 1,431,138 1,585,485 2,203,430 2,399,578 August 1,603,088 1,782,604 2,388,619 September 1,737,704 1,934,380 2,592,620 Annual Budget Goal 1,347,086 1,558,354 1,800,000 2,500,000 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 Do l l a r s Monthly Beach Parking Collections 2021/22 2022/23 2023/24 2024/25 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 Do l l a r s Beach Parking Collections - Cumulative Y-T-D 2021/22 2022/23 2023/24 2024/25 Marina Fee Collections Marina Fees - thru July 2025 2021/22 2022/23 2023/24 2024/25 Monthly October 115,264 110,239 117,540 110,024 November 117,663 116,542 121,509 116,103 December 116,830 120,621 126,034 110,921 January 106,673 124,885 123,519 165,987 February 104,605 113,849 120,277 117,936 March 111,125 117,710 114,070 87,682 April 112,170 119,728 114,246 160,478 May 102,373 124,138 117,832 139,718 June 106,001 122,027 124,132 146,813 July 104,000 126,485 122,421 156,561 August 108,096 123,889 125,237 September 106,418 124,369 121,769 Total 1,311,218 1,444,481 1,448,584 1,312,221 2021/22 2022/23 2023/24 2024/25 Cumulative October 115,264 110,239 117,540 110,024 November 232,927 226,781 239,049 226,127 December 349,758 347,402 365,082 337,048 January 456,431 472,287 488,602 503,035 February 561,036 586,135 608,878 620,970 March 672,161 703,845 722,948 708,652 April 784,330 823,574 837,194 869,130 May 886,703 947,711 955,026 1,008,847 June 992,704 1,069,738 1,079,158 1,155,660 July 1,096,704 1,196,223 1,201,579 1,312,221 August 1,204,800 1,320,112 1,326,815 September 1,311,218 1,444,481 1,448,584 Budget Goal 1,290,768 1,339,555 1,398,942 1,655,620 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 Do l l a r s Monthly Marina Fee Collections 2021/22 2022/23 2023/24 2024/25 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 Do l l a r s Marina Fee Collections - Cumulative Y-T-D 2021/22 2022/23 2023/24 2024/2025 Annual Budget 1,095,000.00$ City of Dania Beach Commercial Solid Waste Report FY 2025-2026 Payments Received Waste Hauler Choice Waste AKA Waste Connections Waste Management All Service Refuse AKA Republic Services S & S National Waste AKA Bicon, Inc. Panzarella Waste & Recycling Services Great Waste COASTAL WASTE & RECYCLING INC Tropical Sanitation Inc Up-Waste LLC General Fund 75.00 75.00 - 75.00 75.00 75.00 - 150.00 1,000.00 1,000.00 - 1,000.00 1,000.00 1,000.00 - 500.00 Monthly Activity Oct -$ 35,091.25$ 9,383.63$ - 1,715.74$ -$ 9,686.41$ - 55,877.03$ Nov 6,577.06 35,229.82 11,163.01 - 1,474.14 5,681.23 9,988.33 - 70,113.59 Dec 3,175.51 34,742.21 10,021.23 - 1,519.15 6,378.93 7,678.71 - 63,515.74 Jan - 37,108.84 10,569.28 - 1,359.45 - 5,452.87 - 54,490.44 Feb 6,531.41 35,456.19 11,477.32 - 1,808.55 2,546.17 7,965.12 - 65,784.76 Mar 3,179.99 37,896.94 10,642.19 - 1,100.49 - 7,532.53 - 60,352.14 Apr 3,417.19 37,649.06 11,598.40 - 1,583.86 5,269.77 8,364.93 - 67,883.21 May 3,374.04 38,242.06 11,665.71 - 1,511.37 - 9,028.87 - 63,822.05 Jun 3,255.02 39,362.67 9,365.23 - 1,727.05 3,232.57 8,055.43 - 64,997.97 *Plus $487.50 from new applicant fees Jul 3,338.31 38,735.20 - - 1,454.65 2,424.94 7,021.02 - 52,974.12 Aug - Sep - 32,848.53$ 369,514.24$ 95,886.00$ -$ 15,254.45$ 25,533.61$ 80,774.22$ -$ 619,811.05$ Annual Permit Fee Monthly Franchise Permit Application Fee Total Mo. Franchise Choice Waste AKA Waste Connections Waste Management All Service Refuse AKA Repucblic Services S & S National Waste AKA Bicon, Inc. Panzarella Waste & Recycling Services Great Waste COASTAL WASTE & RECYCLING INC Tropical Sanitation Inc Up-Waste LLC Solid Waste Fund Oct -11,697.08$ 3,127.88$ - 571.91$ -3,228.81$ - 18,625.68$ Nov 2,192.36$ 11,743.27$ 3,721.00$ - 491.38$ 1,893.74$ 3,329.45$ - 23,371.20$ Dec 1,058.50$ 11,580.74$ 3,340.41$ - 506.38$ 2,126.31$ 2,559.57$ - 21,171.91$ Jan -$ 12,369.61$ 3,523.09$ - 453.15$ -1,817.63$ - 18,163.48$ Feb 2,177.14$ 11,818.73$ 3,825.78$ - 602.85$ 848.73$ 2,655.04$ - 21,928.27$ Mar 1,060.00$ 12,632.31$ 3,547.40$ - 366.83$ -2,510.84$ - 20,117.38$ Apr 1,139.06$ 12,549.69$ 3,866.13$ - 527.96$ 1,756.60$ 2,788.31$ - 22,627.75$ May 1,124.68$ 12,747.35$ 3,888.57$ - 503.79$ -3,009.63$ - 21,274.02$ Jun 1,085.01 13,120.89 3,121.76 - 575.69 1,077.53 2,685.15 - 21,666.03$ * Plus $162.50 from new applicant fees Jul 1,112.77 12,911.73 - -484.88 808.31 2,340.34 - 17,658.03$ Aug -$ Sep -$ 10,949.52$ 123,171.40$ 31,962.02$ -$ 5,084.82$ 8,511.22$ 26,924.77$ -$ 206,603.75$ 44,873.05$ 493,760.64$ 127,848.02$ -$ 21,414.27$ 35,119.83$ 108,773.99$ 650.00$ 832,439.80$ Monthly Franchise Total Mo. Franchise Total Receipts Fund Project ID Project Name Revenue Source Project Phase/Status Grant Expiration Original Budget Description Original Budget Amended Budget Description Amended Budget Prior Fiscal Year Totals FY22 Expenses FY23 Expenses FY24 Expenses FY24 Encumbrances FY25 Expenses FY25 Encumbrances Remaining Budget Return Funding on Completed Projects Comments 403 403-38-13-538-31-10 SE Stormwater II SRF Loan, Stormwater Construction FY21 Transportation Surtax Program - Cycle 1 Grant880,472.00 (264,177.29) (292,707.69) (107,523.53) (89,529.68) - (2,354,296.56) - - 403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY12 Budget Adjust - SRF Loan 5,496,775.00 Funding Increase for PO from 63-10 to 31-10 (24,500.00) (3,028.50) - 3,837,800 403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY14 Budget Adjust - SRF Loan 400,574.00 FY16 Drainage Project Budget Reclass 3,556.00 403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY16 Budget Adust - SRF Loan 220,033.00 FY Budget Adjust from 63-10 to 31-10 (15,032.00) 403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction Adjustment (32,907.00) 3,081.66 403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction Transfer from Phase I into FY16 42,347.00 (25,336.56) 403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 1,170,960.00 Budget Appropriation FY21-22 (ClearGov)3,000,000.00 (340,262.00) (746,914.00) (1,564,326.49) (207,668.59) (721,712.50) (402,982.77) 155,882 403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 133,240.35 (164,452.27) 403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design 1,060,000.00 Reso 2022-158 16,535.00 (364,909.79) (428,007.97) - - - - 403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design - (30,595.00) (230,305.83) (22,716.41) 403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design 403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design 403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 2,297,468.00 (1,971,089.78) (170,437.96) - 0 403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 (155,940.00) 403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 403 403-38-34-538-31-10 PJ Meli Drainage Stormwater Construction 247,340.00 (111,895.00) (71,430.25) (64,014.75) - 403 403-38-34-538-31-10 PJ Meli Drainage Stormwater Construction 403 403-38-12-538-63-10 SE Stormwater Phase I Stormwater Construction 798,625.00 - (3,936.00) (51,538.00) (36,432.00) 706,719 403 403-38-12-538-63-10 SE Stormwater Phase I Stormwater Construction 401 401-17-05-533-31-10 AMI Water Meter System Water Design 132,770.00 (265,540.00) - 401 401-17-05-533-31-10 AMI Water Meter System Water Design - 401 402-17-05-533-31-10 AMI Water Meter System Water Design 132,770.00 401 402-17-05-533-31-10 AMI Water Meter System Water Design - 401 401-33-44-533-31-10 NW 1st Ave Water Main Stirling Water Design 80,160.00 401 401-33-44-533-31-10 NW 1st Ave Water Main Stirling Water Design 401 401-33-44-533-63-10 NW 1st Ave Water Main Stirling Water Design 303,023.00 - - 383,183 401 401-33-44-533-63-10 NW 1st Ave Water Main Stirling Water Design 402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction 1,137,594.00 Soft Close Diff FY2020 (9,607.00) (1,007,274.05) - 120,713 Carryforward-reappropriate 402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction 402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction 402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction 402 402-35-27-535-63-10 SCADA System Sewer Construction 257,714.88 Transfer JE#2021-2691 14,000.00 (248,275.37) (23,060.00) - (0) 402 402-35-27-535-63-10 SCADA System Sewer Construction Project Amount Reduction (380.00) 402 402-35-20-535-63-10 I&I Mainline Repairs Sewer Construction 2,041,450.00 (344,553.00) (245,960.72) (1,450,936.18) 0 402 402-35-20-535-63-10 I&I Mainline Repairs Sewer Construction 402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 499,800.00 Reso# 2022-164- ARPA 1,111,135.00 (82,600.00) (352,200.00) (7,150.00) (54,105.00) (124,495.00) 72,895 402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 Reso # 2022-164 Grant Funds 3,710,385.00 402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 BT#2024-2676 - Grant Funds 4,548,157.50 402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 City Funds 404,917.50 402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 263,859.00 402 402-35-28-535-63-10 HMGP Lift Stations HMGP Construction 9/30/2026 (199,500.00) (553,878.92) (9,091,430.08) 402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026 - 8,339,000.00 - 8,339,000 402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026 402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026 402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026 402 402-35-30-535-63-10 Lift Station ARPA Construction - 4,069,890.00 - (4,069,890.00) - 402 402-35-30-535-63-10 Lift Station ARPA Construction 405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction 500,000.00 Budget Appropriation 944,268.00 (170,449.00) (664,118.48) (687,561.91) - PO#2021-0169 - 6-17-2024 405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction GF Loan Reso#2021-193 873,920.00 (308.15) 308.15 The encumbrance side did not post. Tania is currently investigating. 405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction (796,058.61) - - The encumbrance side did not post. Tania is currently investigating. 415 415-45-02-545-31-10 Parking Facility Pier, GF Loan Construction 172,016.48 - (53,016.48) - (88,041.40) (13,234.27) 17,725 415 415-45-02-545-63-10 Parking Facility Pier, GF Loan Construction 373000 - (23,000.00) (348,622.00) (1,377.00) 415 415-45-03-545-31-10 City Center Garage Pier, GF Loan Construction 75,286.67 - (14,094.64) - - - 289,723 415 415-45-03-545-63-10 City Center Garage Pier, GF Loan Construction 404937 - (61,192.50) (4,180.00) (111,033.50) 415 415-45-24-545-31-10 Restroom and Storage Facility Pier, GF Loan Construction 454,792.00 - - - (81,865.00) (372,927.00) - 415 415-45-24-545-31-10 Restroom and Storage Facility Pier, GF Loan Construction - 415 415-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction 1,487,238.38 277,086.00 (522,238.38) - (144,941.98) (211,000.00) 886,144 415 415-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction - 103 103-22-65-522-31-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 (96,614.00) (18,259.00) (562.50) (845.00) (49,587.50) 850,720 103 103-22-65-522-31-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 103 103-22-65-522-63-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 FEMA - Hazard MIT Program 103 103-22-65-522-63-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 City's 25% Match 165,868.00 0 850720 103 103-18-65-519-31-30 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 103-00-00-331-10-05 - (10,350.00) (109,754.00) (35,714.00) - (2,515.00) (63,967.00) 1,766,305 103 103-18-65-519-31-30 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 (416,894.59) 103 103-18-65-519-63-10 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 103-00-00-381-00-01 222,300.00 103 103-18-65-519-63-10 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 2,183,200.00 - 103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 177,575.00 (177,575.00) - 103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 103 103-21-65-521-31-30 HMGP Hardening Grant Police HMGP Design 5/31/2024 28,000.00 (8,550.00) (950.00) (3,100.00) (15,400.00) - 103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 103-39-67-541-63-10 48,438 103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 236,000.00 (187,561.59) 103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 103 103-72-10-572-63-10 Mullikin Park FDEP Design 6/30/2025 50,000.00 Additional Funding Reso # 2023-024 11,764.50 (3,798) (47,333) (8,735) - 1,900 103 103-72-10-572-63-10 Mullikin Park FDEP Design 6/30/2025 Currently budgeted 312,623.00 BT2024-3077 Appropriation (9,865.00) - (1,042,062.28) (14,535.17) 103 103-72-10-572-31-10 Mullikin Park FDEP Design 6/30/2025 250,000.00 103 103-72-10-572-31-10 Mullikin Park FDEP Design 6/30/2025 503,840.00 103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 100,000.00 (50,000.00) (25,000.00) - 25,000 103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 - 103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 103 103-39-01-539-31-10 Vulnerability Assessment FDEP 95,500.00 95,500.00 (40,750.00) (54,750.00) - 95,500 103 103-39-01-539-31-10 Vulnerability Assessment FDEP 103 103-39-01-539-31-10 Vulnerability Assessment FDEP 103 103-39-01-539-31-10 Vulnerability Assessment FDEP 301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction 200,000.00 (80,500.00) (119,500.00) - 301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction 301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction 301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction 301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction 2,500,000.00 Nyberg Swanson - Annual Appropriation 500,000.00 (78,968.15) (469,890.28) - (994,066.69) (164,324.97) 1,440,737 301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction Project Adjustment JE2023-4545 147,987.00 301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction 301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction 301 301-39-52-541-63-10 Solar Street Lighting Capital, Bank Loan Construction 1,305,462.00 FY2024 Budget Appropriation 1,200,000.00 (1,216,495.00) (177,575.00) (443,202.00) (54,873.88) 1,013,316 301 301-39-52-541-63-10 Solar Street Lighting Capital, Bank Loan Construction FY2024 Budget Appropriation -Retrofit 400,000.00 301 301-39-52-541-64-00 Solar Street Lighting Capital, Bank Loan Construction 301 301-39-52-541-64-00 Solar Street Lighting Capital, Bank Loan Construction 301 301-39-58-541-63-10 Oasis XV - Capital Fund Capital NA 20,000.00 270,000 301 301-39-58-541-63-10 Oasis XV - Capital Fund Capital NA 250,000.00 301 301-39-58-541-31-10 Oasis XV - Capital Fund Capital NA 301 301-39-58-541-31-10 Oasis XV - Capital Fund Capital NA 301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction 400,000.00 ARPA funds 400,000.00 (651,201.25) (147,449.26) - 0 301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction Streets GF 22,604.00 - (23,953.00) 301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction 301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction 301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction FY 22 funding from 001 250,000.00 (74,061.54) (279,177.97) (58,658.07) (219,848.99) (102,823.26) 680,430 301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction Carryforward from FY 21 160,000.00 (60,000.00) 301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction C/fwd from 2022 surplus 365,000.00 301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction FY22-23 Funding 700,000.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction 525,000.00 Additional Funding FY2016 525,000.00 (714,784.49) (42,570.45) (391,929.77) (30,662.31) - (200.00) 421,888 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction 400,000.00 Transfer to Phase I FY 16 (373,043.00) (103,763.00) 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Transfer to Phase I FY 16 (120,983.00) 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction FPL Services FY 17 (2,176.00) 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY21-22 200,000.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Transfer to Phase I 23,001.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Budget Transfer 31-30 (21,000.00) 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Budget Appropriation Reversed (200,000.00) 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY17-18 200,000.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY18-19 200,000.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY19-20 200,000.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY20-21 149,999.00 301 301-72-60-572-63-10 Beach Revitalization II Capital Construction - 301 301-72-60-572-31-30 Beach Revitalization II Capital Construction (20,725.00) 301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction 505-39-02-539-64-00 125,000.00 Transferred from Fund 505 327,068.00 (77,500.00) (343,172.04) - 1 301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction Flood Insurance Proceeds 81,580.00 (33,375.00) - 301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction Unassigned Fund Balance 422,023.00 (496,525.22) - 301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction (5,097.78) 301 301-39-61-541-31-10 Corridor Master Plan Capital Design 788,000.00 467,000.00 - (40,304.60) (418,016.65) 796,679 301 301-39-61-541-31-10 Corridor Master Plan Capital Design 301 301-39-61-541-31-10 Corridor Master Plan Capital Design 301 301-39-61-541-31-10 Corridor Master Plan Capital Design 301 301-72-62-572-31-10 Olsen Middle School Capital Design 941,640.00 (360,240.00) (581,400.00) 1,308,360 301 301-72-62-572-31-10 Olsen Middle School Capital Design 301 301-72-62-572-63-10 Olsen Middle School Capital Design 1,308,360.00 301 301-72-62-572-63-10 Olsen Middle School Capital Design 301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design - 100,000 301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design 301 301-72-63-572-63-10 Boisy Waiters Park Master Plan Capital Design 100,000.00 301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design 301 301-18-02-519-63-10 City Hall Park Capital Construction 150,000.00 (17,500.00) (7,500.00) (121,690.98) (1,500.00) 1,809 301 301-18-02-519-63-10 City Hall Park Capital Construction 301 301-18-02-519-63-10 City Hall Park Capital Construction 301 301-18-02-519-63-10 City Hall Park Capital Construction 301 301-18-13-519-31-10 City Hall Modernization Capital Design 200,000.00 (129,014.80) (2,337.60) (213,162.25) 2,355,485 301 301-18-13-519-31-10 City Hall Modernization Capital Design 301 301-18-13-519-63-10 City Hall Modernization Capital Design 2,500,000.00 301 301-18-13-519-63-10 City Hall Modernization Capital Design 301 301-21-04-521-64-30 LPR System Capital 600,000.00 - (595,747.05) (242.22) 4,011 301 301-21-04-521-64-30 LPR System Capital 301 301-21-04-521-64-30 LPR System Capital 301 301-21-04-521-64-30 LPR System Capital 302 302-72-08-572-31-10 PJ Meli Improv Capital 2,100,000.00 (133,521.68) (1,554,978.32) 411,500 302 302-72-08-572-31-10 PJ Meli Improv Capital 302 302-72-08-572-31-10 PJ Meli Improv Capital 302 302-72-08-572-31-10 PJ Meli Improv Capital 302 302-22-04-522-31-10 EOC Building Project Capital 454,449.00 - - 302 302-22-04-522-31-10 EOC Building Project Capital (454,449.00) 302 302-22-04-522-31-10 EOC Building Project Capital 302 302-22-04-522-31-10 EOC Building Project Capital 301 301-39-06-541-31-30 Road and Street Facilities Capital 90,302.00 - (84,708.40) (3,623.99) (1,968.81) 1 301 301-39-06-541-31-30 Road and Street Facilities Capital 301 301-39-06-541-31-30 Road and Street Facilities Capital 301 301-39-06-541-31-30 Road and Street Facilities Capital 302 302-72-03-572-31-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction 24,704,466.88 Project GMP Total Reso 2024-042 542,124.00 - - (534,537.92) (423,187.69) (118,935.56) 147,780 302 302-72-03-572-62-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction Permit - (2,559,981.90) (8,526,590.20) (12,477,143.82) 302 302-72-03-572-49-30 CW Thomas Park Phase 1 Bank Loan, Capital Construction 65,512.00 (512,289.06) (11,656.36) 302 302-72-03-572-49-30 CW Thomas Park Phase 1 Bank Loan, Capital Construction - - - 302 302-72-03-572-63-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction - 301 301-15-02-524-31-10 Building Bank Loan, Capital Construction 1,622,912.29 (157,635.29) - (827,808.28) (637,466.50) 2 301 301-15-02-524-31-10 Building Bank Loan, Capital Construction 301 301-15-02-524-63-10 Building Bank Loan, Capital Construction 301 301-15-02-524-63-10 Building Bank Loan, Capital Construction 301 301-15-05-515-31-10 CSLIP Cycle 9 Bank Loan, Capital Construction 350,000.00 (30,125.00) (3,570.00) (14,910.00) 301,395.00 301 301-15-05-515-31-10 CSLIP Cycle 9 Bank Loan, Capital Construction 301 301-15-05-515-63-10 CSLIP Cycle 9 Bank Loan, Capital Construction 301 301-15-05-515-63-10 CSLIP Cycle 9 Bank Loan, Capital Construction303 303-38-13-538-31-10 Stormwater Phase II Bond, Capital Construction 22,654,240.00 - (8,766,384.67) (7,709,815.62) 5,193,090.20 303 303-38-13-538-49-16 Stormwater Phase II Bond, Capital Construction - - 303 303-38-14-538-63-10 Stormwater Phase II Bond, Capital Construction 19,754,495.00 - (20,739,444.51) 303 303-38-14-538-63-10 Stormwater Phase II Bond, Capital Construction 505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction 188,653.50 (11,500.00) (197,653.50) - 505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction 20,500.00 505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction 505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction Grand Totals 87,959,431.20 11,927,773.11 (905,958.49) (976,764.47) (3,577,019.55) (6,730,502.66) (197,345.35) (27,905,038.26) (61,511,421.18) 32,044,132.72 505-39-02-539-64-00 Building Dept Renovations 210,000.00 Adopted FY23 148,190.00 (4,950.00) (61,640.00) 291,600 505-39-02-539-64-00 Building Dept Renovations 505-39-02-539-64-00 Building Dept Renovations 505-39-02-539-64-00 Building Dept Renovations # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 6 $557 November 3 $215 December 2 $4,000 2 $173 January 13 $1,545 February 12 $978 2024-2025 March 1 $30 4 $1,273 2023-2024 April 4 $142 8 $1,633 2022-2023 May 3 $176 10 $1,119 June 10 $4,323 1 $4 3 $482 July 1 $2,000 1 $50 2 $147 August 3 $150 September 4 $226 FY 2023 FY 2024 FY 2025 $0$500$1,000$1,500$2,000$2,500 $3,000$3,500$4,000$4,500$5,000 CivicOptimize Gen Acct CD and JustFOIA FY 2023 $ Value FY 2024 $ Value FY 2025 $ Value # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 12 $26,300 19 $71,675 November 21 $41,105 13 $47,330 December 6 $9,330 25 $77,085 January 19 $44,995 22 $79,600 February 9 $26,465 25 $69,500 March 9 $25,630 24 $69,365 2023-2024 April 9 $38,255 27 $91,680 2022-2023 May 17 $68,375 20 $79,375 2024-2025 June 18 $54,575 26 $86,885 July 5 $9,740 18 $47,175 28 $107,175 August 8 $19,610 25 $57,400 September 6 $12,030 17 $59,485 $41,380 $499,090 $779,670 FY 2023 FY 2024 FY 2025 0 20,000 40,000 60,000 80,000 100,000 120,000 Credit Cards Cemetery FY 2023 $ Value FY 2024 $ Value FY 2025 $ Value FY 2025 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 158 $7,720 112 $4,547 141 $7,334 November 71 $3,359 46 $1,562 74 $3,333 December 27 $1,048 36 $1,284 37 $1,503 January 26 $1,332 23 $615 31 $1,616 February 30 $1,241 19 $851 23 $979 March 20 $1,096 18 $802 26 $1,225 2022-2023 April 44 $2,103 13 $604 19 $663 2023-2024 May 23 $1,048 10 $267 21 $888 2024-2025 June 20 $711 10 $385 9 $208 July 14 $385 9 $198 2 $0 August 2 $0 20 $310 September 115 $6,191 162 $8,089 FY 2023 FY 2024 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 Online Credit Card Payments- Beach Parking Permits FY 2024 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 31 $1,115,216 November 30 $749,206 December 31 $908,920 January 31 $1,351,246 February 28 $911,799 2024-2025 March 31 $448,959 31 $1,090,436 2023-2024 April 30 $724,743 30 $1,343,615 2025-2026 May 30 $1,159,841 31 $1,315,746 June 30 $584,435 30 $883,247 July 31 $1,062,320 August 31 $1,020,856 September 30 $715,255 FY 2025 FY 2026 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 Tyler Payment FY 2024 # of Pymts FY 2025 # of Pymts FY 2026 # of Pymts FY 2025 FY 2024 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 300 $12,087 305 $10,189 293 $18,293 November 244 $11,481 219 $10,420 188 $11,802 December 255 $14,157 218 $11,389 184 $10,643 January 238 $18,397 266 $11,741 228 $13,489 February 382 $21,671 201 $11,951 215 $12,691 2024-2025 March 435 $33,319 422 $31,083 339 $29,674 2023-2024 April 491 $66,844 377 $59,880 229 $54,344 2022-2023 May 465 $40,790 315 $21,926 147 $11,025 June 305 $20,364 168 $13,708 216 $16,773 July 323 $26,360 183 $3,038 125 $6,317 August 233 $9,575 242 $15,031 September 218 $7,421 240 $11,545 FY 2023 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 RecDesk FY 2025 $ Value FY 2024 $ Value FY 2023 $ Value FY 2025 FY 2024 FY 2023 October 185,800 91,738 113,900 November 86,300 81,622 128,500 December 83,000 103,235 78,800 January 78,000 85,760 75,900 February 73,100 85,861 79,200 March 108,200 67,008 105,100 April 98,600 69,102 115,900 May 101,300 66,040 84,300 June 103,900 70,024 74,100 July 112,100 79,388 67,100 August 100,130 67,700 September 123,562 86,599 0 20000 40000 60000 80000 100000 120000 140000 160000 180000 200000 Beach Camera Views FY 2025 FY 2024 FY 2023 FY 2025 FY 2024 FY 2023 October 351 369 396 November 197 444 238 December 173 475 270 January 404 719 494 February 594 632 424 March 442 491 531 April 453 231 471 May 524 618 505 June 403 391 508 July 347 331 321 August 250 501 September 378 499 YouTube Channel 0 100 200 300 400 500 600 700 800 Commission Meeting Views FY 2025 FY 2024 FY 2023 1st Q 2023 1st Q 2024 1st Q 2025 2nd Q 2023 2nd Q 2024 2nd Q 2025 3rd Q 2023 3rd Q 2024 3rd Q 2025 4th Q 2023 4th Q 2024 4th Q 2025 Desktop 42.5%44.7%39.0%40.5%43.7%40.9%44.1%39.7%41.2%38.8%41.4% Smartphone 55.3%53.4%57.9%57.4%54.4%56.6%54.0%57.3%56.8%47.9%55.9% Tablet 2.2%1.8%2.3%2.1%1.9%2.0%1.6%2.3%1.5%7.3%2.3% Other 0.0%0.6%0.0%0.5%0.0%0.7%0.5%20.0%0.1% Website Visit by Device Type Comparison 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 1s t Q 2 0 2 3 1s t Q 2 0 2 4 1s t Q 2 0 2 5 2n d Q 2 0 2 3 2n d Q 2 0 2 4 2n d Q 2 0 2 5 3r d Q 2 0 2 3 3r d Q 2 0 2 4 3r d Q 2 0 2 5 4t h Q 2 0 2 3 4t h Q 2 0 2 4 4t h Q 2 0 2 5 Website Visit by Device Type Comparison FY 2025 FY 2024 FY 2023 October 13,174 11,286 9,789 November 10,591 10,370 9,564 December 10,419 8,932 8,197 January 11,291 10,820 9,543 February 10,664 11,612 9,338 March 11,721 11,703 10,946 April 12,138 11,869 10,851 2024-2025 May 11,151 12,087 10,489 2023-2024 June 11,638 11,809 12,351 2022-2023 July 12,211 12,019 10,843 August 11,919 11,775 September 11,293 9,897 NUMBER OF CITY-WIDE PHONECALLS 0 2000 4000 6000 8000 10000 12000 14000 Number of e-bill users by month FY 2025 FY 2024 FY2023 October 1078 922 804 November 1107 929 805 December 1125 939 818 January 1183 948 835 February 959 848 March 1243 979 861 April 1259 988 873 May 1269 999 June 1275 1008 890 July 1302 1019 886 August 1026 901 September 1051 910 0 200 400 600 800 1000 1200 1400 Incremental E-bill Accounts Number of e-bill users by month FY 2025 Number of e-bill users by month FY 2024 Number of e-bill users by month FY2023 Kiosk FY 2025 FY 2024 FY 2023 October 15,527.43$ 14,452.23$ 10,067.50$ November 18,366.36$ 11,121.83$ 11,339.44$ December 14,241.27$ 11,401.43$ 12,409.30$ January 14,970.22$ 12,953.63$ 11,856.78$ February 63,105.28$ 15,069.97$ 11,856.78$ March 14,515.99$ 12,091.93$ 11,032.47$ April 13,719.58$ 10,302.51$ 7,514.64$ May 13,475.10$ 12,472.31$ 11,120.90$ June 12,233.19$ 15,266.47$ 12,405.61$ July 8,793.66$ 14,865.64$ 10,289.44$ August -$ 14,014.91$ 10,380.86$ September -$ 13,041.75$ 11,842.84$ FY 2023 FY 2024 FY 2025 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 Kiosk FY 2025 FY 2024 FY 2023 Out of Business/Inactive # of BTRs Dollar Amount ACP Partners LLC 1 236.25$ Atlantic Holdings 4 LLC 1 63.00$ Ruport LLC 1 477.50$ C & C Aero Trading LLC 1 346.25$ C & O Sexton Property Holdings Inc 1 236.25$ Dania Pride 249 LLC 1 181.50$ Datum RMS LLC 1 446.25$ ENN Investments LLC 1 192.00$ Essentialis LLC 1 31.50$ Excel Satellite Inc 1 63.00$ Extreme Window Systems Inc 1 577.50$ GPT Dania Beach Owner LLC 1 236.25$ Holland & Sherry Inc 1 -$ Invest in AC LLC 1 236.25$ Janus Et Cit of Florida 1 420.00$ Adriene Rose Miller 1 236.25$ Aneta Dadshev 1 551.25$ Miriam Owens 1 236.25$ Rococo Miami LLC 1 -$ Napoli, Michael 1 31.50$ Rajiv Motwani 1 236.25$ S C Duggan Marine Inc 1 425.00$ Stanley Steemer Int'l Inc 1 620.00$ Steven P Hirsh DPMPA 1 236.25$ T & J Supervisors Inc 1 78.75$ Trimarc Construction Inc 1 315.00$ Wheelhouse Marketing Inc 1 320.00$ Total Out of Business/Inactive 27 7,030.00$ New Approved Applications # of BTRs Dollar Amount 2400 SW 54 St LLC 1 47.25$ 249 Plex LLC 1 196.50$ 4361 SW 49 CT LLC 1 31.50$ ABCD Florida Resi De LLC 1 31.50$ Ability Medical Supply Inc 1 546.25$ Art Hostel Group LLC 1 236.25$ Brokenborough Management 1 236.25$ C & O Sexton Property Holdings Inc 1 236.25$ David Biton 1 63.00$ Gene LLC 1 439.38$ Doctors United Group 1 533.13$ Dolly Parker 1 47.25$ Dongal Investments LLC 1 236.25$ Dwayne Bailey 1 94.50$ E A&N Management Service LLC 1 236.25$ Elvis Italian Grille LLC 1 572.50$ Business Tax Receipt Activity - July 2025 Florida's Choice Painting Inc 1 477.50$ Glass Unlimited LLC 1 320.00$ Swift Insurance Group Inc 1 398.75$ Hermes Land Holdings LLC 1 63.00$ Holland and Sherry Inc 1 533.13$ Huevos Rancheros Farm LLC 1 826.88$ Hughes Power Systems Corp 1 480.63$ Invest in AC LLC 1 31.50$ Juan Pineda & Oswaldo Querales 1 31.50$ Lana Nguyen 1 236.25$ Le, Cuong M 1 236.25$ Medpro Urgent Care Center 1 551.25$ Guaranteed Cash Back LLC 1 984.38$ Revivo Café LLC 1 866.25$ Rococo Miami LLC 1 198.75$ SC Apparel Group 1 945.00$ Siesta LLC 2 1,176.00$ South Florida USA 1 1 2,567.50$ Southeast Ventures LLC 1 31.50$ Storm Pros Roofing and Impact LLC 1 320.00$ Surarus LLC 1 105.00$ Tehilat Yitzchak Center 1 415.01$ The Vibrant Village 1 940.00$ A & E Florida Enterprises LLC 1 827.63$ TKTS Investment LLC 3 189.00$ TSTD LLC 1 787.50$ VFM Real Estate LLC 1 31.50$ William Chrisant & Sons' Old Florida Book Shop 1 940.00$ YS Aesthetics Inc 1 354.38$ Zolia Danino 1 47.25$ Total New Applications 49 19,697.30$ BTR Status # of BTRs Total Dollar Amount Open Renewals- Current Year 349 129,815.05$ Paid Renewals 2,955 1,041,896.39$ Total BTRs as of 07/31/2025 3,304 1,171,711.44 ** **includes license fee, fire inpsection & solid waste registration Description Current 1-30 31-60 61-90 90+Total #4652 - Eric L Wilson Reservation of Burial Plot .00 .00 .00 .00 2710.00 2,710.00 #5474 - Cokenya D West Reservation of Burial Plot .00 .00 .00 .00 250.00 250.00 #4179 - AJ Manuel Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1680.00 1,680.00 #5736 - Sands, Carolyn Reservation of Burial Plot .00 .00 .00 .00 3000.00 3,000.00 #5756 - Rahming Poitier Funeral Home Reservation of Burial Plot .00 .00 .00 .00 4750.00 4,750.00 #5673 - Agape Funeral and Cremation Reservation of Burial Plot .00 .00 .00 .00 5040.00 5,040.00 #3946 - Eric S George Funeral Home Reservation of Burial Plot .00 .00 .00 .00 2380.00 2,380.00 #5909 - Freeman Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5924- Garcia Gimeno Reservation of Burial Plot .00 .00 .00 .00 200.00 200.00 #5862 - Love and Grace Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3360.00 3,360.00 #5976 - John Hanks Memorial Services Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5925 - Anthony R. Manuel Funeral Home Reservation of Burial Plot .00 6070.00 .00 .00 5240.00 11,310.00 #6121 - Christine Smith Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5182 - A Good Shepherd's Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #6254 - Samuel Funeral Home Reservation of Burial Plot .00 11970.00 .00 .00 .00 11,970.00 #6173 - Pax Villa FH Miami Reservation of Burial Plot .00 .00 .00 .00 3990.00 3,990.00 #6071 - Bells Funeral Services Reservation of Burial Plot .00 .00 .00 .00 4615.00 4,615.00 #5477 - Paradise Funeral Home LLC Reservation of Burial Plot .00 11970.00 .00 .00 11,970.00 #6070 - Elijah Bells Funeral Home Reservation of Burial Plot .00 16750.00 .00 .00 16,750.00 #4887 - Wade Funeral Home Reservation of Burial Plot .00 3625.00 .00 .00 3,625.00 #4410 - James C Boyd Funeral Home Reservation of Burial Plot .00 3625.00 .00 .00 3,625.00 #6245 - Boyd-Panciera FH Reservation of Burial Plot .00 1725.00 .00 .00 1,725.00 #4203 - McWhite's Funeral Home Reservation of Burial Plot .00 7615.00 .00 .00 3990.00 11,605.00 # 4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00 Cemetery Totals $0.00 $67,340.00 $0.00 $0.00 $45,905.00 $113,245.00 Bulk Trash Pickup .00 180.00 .00 1140.00 16514.00 17834.00 Bulk Trash Pk Up $0.00 $180.00 $0.00 $1,140.00 $16,514.00 $17,834.00 Miscellaneous FA Customers BSO & Fire False Alarms .00 .00 25.00 .00 2,000.00 2,025.00 $0.00 $0.00 $25.00 $0.00 $2,000.00 $2,025.00 3065 - Keynorth Townhomes Annual Inspection FY 11 .00 .00 .00 .00 1,700.00 1,700.00 3072 - Atlantis Management Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 7,800.00 7,800.00 1012 - Gulfstream Apts.Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 2,800.00 2,800.00 #4466 - Meadowbrook Condo Annual Inspection FY 13 .00 .00 .00 .00 1,000.00 1,000.00 4644 - Oakbridge Townhomes Annual Inspection FY 14 .00 .00 .00 .00 4,000.00 4,000.00 Miscellaneous FI Customers Annual & Re-Inspections .00 .00 .00 .00 254,485.00 254,485.00 $0.00 $0.00 $0.00 $0.00 $271,785.00 $271,785.00 #6168 - Florida Dept. of Emergency 2023-00000004 .00 .00 .00 .00 15,796.99 15,796.99 #6168 - Florida Dept. of Emergency 2023-00000005 .00 .00 .00 .00 179,395.52 179,395.52 #6155 - Florida Dept of Emergency 2024-00000001 .00 .00 .00 .00 49,875.00 49,875.00 #6168 - Florida Dept. of Emergency 2024-00000002 .00 .00 .00 .00 50,000.00 50,000.00 #6168 - Florida Dept. of Emergency 2025-00000002 .00 .00 .00 .00 3,000.00 3,000.00 #6168 - Florida Dept. of Emergency 2024-00000003 .00 .00 .00 .00 50,000.00 50,000.00$0.00 $0.00 $0.00 $0.00 $348,067.51 $348,067.51 #6170 - FL Dept. of Economic Opportunity 2023-00000002 .00 .00 .00 .00 395,504.79 395,504.79 #4051 - State of Florida Dept of 2023-00000003 .00 .00 .00 .00 332,500.00 332,500.00 #4051 - State of Florida Dept of 2023-00000004 .00 .00 .00 .00 375,000.00 375,000.00 $0.00 $0.00 $0.00 $0.00 $1,103,004.79 $1,103,004.79 Miscellaneous LM Customers Lake Maintenance .00 .00 .00 .00 275.36 275.36 $0.00 $0.00 $0.00 $0.00 $275.36 $275.36 #4647 - Palmetto Hospitality of Dania Water Impact Fees .00 .00 .00 .00 20,242.00 20,242.00 Misc. Customers Misc. Customers 300,125.12 34,884.66 .00 11,340.00 58,009.43 404,359.21 $300,125.12 $34,884.66 $0.00 $11,340.00 $78,251.43 $424,601.21 $300,125.12 $102,404.66 $25.00 $12,480.00 $1,865,803.09 $2,280,837.87Grand Totals Invoice Type MS - Miscellaneous Miscellaneous Totals Grant Federal Totals Grant Federal Totals Invoice Type GR State - Grant Reimb. State of Florida Invoice Type LM - Lake Maintenance Lake Maintenance Totals Invoice Type GR Federal - Grant Reimb. Federal Government False Alarm Totals Invoice Type FI - Fire Inspection Miscellaneous Billing Invoice Aging Report Aging Date 07/31/2025 Report By Invoice Type Fire Inspection Totals Invoice Type FA- False Alarm Invoice Type - CEM - Cemetery Invoice Type - BULK Trash Pk Up - Notice of Violation 5 Prior Yr. 2024 2025 2024 2025 2024 2025 Oct 3,114.00 44,966.16 1,450.00 3,125.00 2,660.00 3,010.00 602.00 45 47 Nov - - 1,557.00 2,865.00 2,890.00 578.00 35 39 Dec 6,228.00 19,168.00 - 1,550.00 2,630.00 2,103.20 420.64 59 48 Jan - - 2,995.00 3,846.56 769.31 40 48 Feb 10,241.00 26,469.00 - 1,450.00 2,850.00 3,540.00 708.00 55 40 Mar 1,557.00 3,114.00 1,450.00 2,900.00 2,770.00 2,899.76 579.95 40 50 Apr - 3,114.00 - 4,550.00 2,255.00 2,685.00 537.00 57 58 May 2,900.00 1,557.00 - 1,450.00 2,480.00 2,560.00 512.00 67 56 Jun 12,456.00 - 1,750.00 9,435.00 3,005.00 2,990.00 598.00 54 39 Jul - - 75.00 - 2,640.00 2,945.00 589.00 57 43 Aug 63,837.00 1,935.00 2,705.00 48 Sept 196,961.00 - 2,900.00 3,065.00 56 Total 297,294$ 98,388$ 9,560$ 26,017$ 32,920$ 29,470$ 5,894$ 509 572 12% # of City's 4850 account became delinquent for this period Water Fund Monthly Utility Account Activity MISC Building/ New Construction Activity Delinquent Account Activity New Accts Water Impact Fee Water Tap Fee Delinquent # per Month # of Accts >120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ October 184,989 1,140,696$ 16%207,794 1,241,355$ 17%286,955 1,243,012$ 23% November 186,463 1,205,526 15%216,614 1,267,676 17%307,108 1,164,508 26% December 188,661 1,186,620 16%214,935 1,270,207 17%278,087 1,308,024 21% January 188,029 1,165,000 16%220,340 1,211,794 18%278,766 1,278,238 22% February 185,376 1,210,890 15%231,139 1,217,188 19%263,943 903,782 29% March 183,535 1,267,253 14%235,434 1,310,333 18%253,837 1,336,359 19% April 190,502 1,262,289 15%236,352 1,307,061 18%261,377 1,190,163 22% May 189,684 1,172,418 16%262,509 1,229,203 21%260,498 1,299,714 20% June 184,340 1,178,310 16%247,808 1,372,056 18%249,600 1,347,560 19% July 190,677 1,288,709 15%261,459 1,298,366 20%261,524 1,286,366 20% August 198,874 1,252,551 16%252,820 1,250,659 20% September 203,881 1,235,287 17%360,091 1,263,892 28% Annual Avg 189,584$ 1,213,796$ 16% 245,608$ 1,269,983$ 19% 270,169$ 1,235,773$ 22% FY 2023 FY 2024 FY 2025 >120 Past Due >120 Past Due % +/->120 Past Due % +/- October 377,040 388,922 3%411,308 5% November 383,454 390,867 2%413,066 5% December 385,515 397,662 3%414,412 4% January 385,601 396,459 3%418,252 5% February 389,237 395,697 2%421,766 6% March 391,059 397,067 2%421,614 6% April 390,781 398,812 2%424,262 6% May 392,882 401,076 2%425,057 6% June 394,781 405,003 3%441,615 8% July 397,219 404,194 2%432,075 6% August 396,674 407,690 3% September 387,690 409,329 5% Annual Avg 389,328$ 399,398$ 3%422,343$ 5% Active Account Graph: Billing data indicates deliquency rate on active accounts remain constant at an average of 1% of billings per month INACTIVE ACCOUNTS WATER & SEWER UTILITY AGING REPORT ACTIVE ACCOUNTS FY 2023 FY 2024 FY 2025 0% 5% 10% 15% 20% 25% 30% 35%Active Accounts >120 days FY 2023 FY 2024 FY 2025 340,000 360,000 380,000 400,000 420,000 440,000 460,000 Inactive Accounts > 120 days FY 2023 FY 2024 FY 2025 City of Dania Beach General Fund Unassigned Fund Balance - - Contingency ----- General Fund ------- Unassigned Contingency Fund Balance Balance 10/1/24 (Audited) 250,000$ 23,925,117$ (Uses) / Additions: October - 499,683 November - - December - - January (2,300) 177,000 February (6,000) - March (9,000) 50,000 April (9,800) - May - - June - - July (2,500) - August - - September - - Sub-Total (Uses) / Additions (29,600) 726,683 Sub-Total Available 220,400 24,651,800 Other Considerations GFOA/City Commission 25% Reserve (20,939,710) Estimate of Availability at 09/30/2025 220,400$ 3,712,090$ City of Dania Beach #001-18-00-519-99-10 Contingency Account Original Budget 200,000$ Amendment 50,000 Veterans Park Uses: Total Oct - Nov - December - January (950) Fee Waiver - MLK Gala for IT Parker (1,350) Fee Waiver - Four Chaplains - IT Parker February (6,000) Prestige Club - Etiquette (DE, Collins, Olsen) March (5,000) BLC Annual Installation Gala (4,000) Dan Marino Foundation - Sponsorship April (800) Prestige Club - Dania Elementary Additional (4,000) National Day of Prayer - Commission (5,000) Arbor Day - Commission May - June - July (2,500) 17th Annual Climate Summit Sponsorship August September Balance Remaining 220,400$ City of Dania Beach General Fund Analysis of Fund Balance Balance 10/1/24 23,925,117 Uses: #389-90-01 October 499,683 Carryovers/P.O.'s etc. November - December - January 177,000 FY24-25 Funding for One Stop Aquatic Safety February - March 50,000 FIND Boat Ramp Grant Gen Fund Match April - May - June - July - August September Total Uses (Sources)726,683 Estimated Balance Available 09/30/25 24,651,800$ Other Considerations GFOA/City Commission 25% Reserve (20,939,710) est. Estimate of Availability at 09/30/25 3,712,090 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 8, 2025 - 7:00 P.M. 1. CALL TO ORDER/ROLL CALL Mayor Davis called the meeting to order at 7:04 p.m. Present: Mayor Joyce L. Davis Vice-Mayor Marco A. Salvino, Sr. Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner A. J. Ryan IV City Manager Ana M. Garcia, ICMA-CM City Attorney Eve Boutsis City Clerk Elora Riera, MMC 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Davis called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. City Attorney Eve Boutsis read the Statement of Decorum. Vice Mayor Salvino welcomed Hollywood City Commissioner Traci Callari and Mayor Davis thanked her for visiting the city. 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 3.1 Community Foundation of Broward Building Stronger Communities Together - Sponsored by Mayor Davis Mayor Davis introduced the item. CEO Jennifer O’Flannery Anderson provided a presentation on the Community Foundation of Broward. Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 2 Mayor Davis requested approval to have item 3.2 heard and there was consensus to hear the second presentation. 3.2 Resilient Broward - Countywide Resilience Plan 2025 - Sponsored by Mayor Davis Chief Resilience Officer Jennifer Jurado provided a presentation on Community Risk Reduction and the Resilient Broward Plan. Commissioner Ryan questioned if they have ever reviewed the water height level of the levies when the water comes east into Dania and Ms. Jurado responded that the levy on the west coast of Broward was reviewed several years ago and the levy was upgraded to meet standards for a hundred-year storm event; they continue to work on the totality of the canal network and know that they need upgrading. 3.3 Presentation of Proposed Landscape Design for Dania Beach Blvd./East - Citywide Landscape Master Plan by KCI, Inc. - Public Services Director of Public Services Fernando Rodriguez introduced the item and Director of Landscape Architecture Kirk Hoosac of KCI Technologies, Inc. Mr. Hoosac provided a presentation on the landscape masterplan which involves refurbishing the major corridors and new landscaping and irrigation in the medians. Commissioner Rimoli questioned whether the entrance into the city on Federal Highway from New Griffin to Old Griffin is part of the plan and Mr. Hoosac responded yes, US1 will be the next phase in design. Commissioner Rimoli asked if the landscaping would be drought tolerant and Mr. Hoosac responded affirmatively and said even though there is irrigation, what is planted is drought tolerant if the irrigation goes down. Commissioner Ryan thanked Mr. Hoosac for the presentation and questioned if they could approach the City of Hollywood for continuity on Dania Beach Boulevard as it is shared with the City of Hollywood and Mr. Hoosac responded, absolutely. Mr. Hoosac noted that the FDOT grant opens again in July, and any city is welcome to apply for it. 3.4 Special Event Application: - Parks and Recreation - White Family SE Fee Waiver There was consensus to approve and take the funds from the Commission contingency. 3.5 Request for Proclamation Approvals: - International Overdose Day - August 31, 2025 - Sponsored by Mayor Davis - Parks and Recreation Month - July 2025 - Parks and Recreation There was consensus to approve the proclamations. 4. PROCLAMATIONS Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 3 4.1 Parks & Recreation Month - July 2025 - Parks & Recreation Mayor Davis read the proclamation into the record. Director of Parks and Recreation Cassi Waren accepted the proclamation and addressed the Commission. 5. ADMINISTRATIVE REPORTS 5.1 City Manager City Manager Garcia provided her administrative report and touched on the following: - Landscaping Master Plan - Proposed budget - SMART meters - Procurement projects - 250 years of Independence Celebration - Summer Camp - C.W. Thomas Park - See Something, Say Something rebranding - Saving initiative and revenue generating initiatives - Core Conversation meeting on July 8, 2025 - Group Deal at Wyndham for Sheridan East - Gulfstream Road Improvement Project - PFAS litigation 5.2 City Attorney City Attorney Boutsis reported on the updated list of bills signed into legislation that she provided to the Commission. She reported that the PFAS litigation has been taken over by the City Manager and the last class action that the city is involved in is the opioid settlement litigation. 5.3 City Clerk - Reminders City Clerk Riera reminded the Commission of the following upcoming meetings: - August 26, 2025 CRA Board Meeting - 6 p.m. - August 26, 2025 City Commission Meeting - 7 p.m. 6. PUBLIC SAFETY REPORTS Captain Tarala reported on recent criminal activity in the city to include an LPR hit resulting in arrests and the recovery of a stolen vehicle out of Tamarac and an incident at Red Carpet Inn. He advised that the 4th of July holiday weekend was successful and there were zero issues on the beach and at Dania Pointe. He said he received a call from Commissioner Ryan regarding the Jewish institutions and wanted to advise that they continue to conduct area checks twice a day at every Jewish institution within the city. Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 4 Fire Chief Pellecer reported on monthly call volumes in the city and noted a total of 394 inspections were completed bringing them to 75% completion for the fiscal year. The department has partnered with the Dan Marino Foundation, and the Life Safety Educators provided a class in cooking safety. They have added a Hamilton T1 Ventilator to assist those in respiratory distress and a Butterfly IQ and Ultrasound Machine. These tools will ensure faster and more accurate interventions in the field. Safety Saturday will take place again this Saturday, July 12, 2025. 7. CITIZENS’ COMMENTS There were no citizens’ comments. 8. CONSENT AGENDA City Attorney Boutsis read a statement related to the tentative public ad valorem tax. Vice Mayor Salvino made a motion to approve the consent agenda. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 8.1 Minutes: June 24, 2025 City Commission Meeting Approved under consent agenda. 8.2 Travel Requests: None. 8.3 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO EXCEED THE ANNUAL SINGLE VENDOR PURCHASING POLICY OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AGREEMENTS FOR THE CITY’S FULLY INSURED MEDICAL PLAN WITH THE FLORIDA MUNICIPAL INSURANCE TRUST, CIGNA, EYEMED, AND BEYOND MED FOR INSURANCE COVERAGES BEGINNING OCTOBER 1, 2025 THROUGH SEPTEMBER 30, 2026, FOR ACTIVELY WORKING AND NON-MEDICARE ELIGIBLE RETIRED EMPLOYEES; PROVIDING FOR PAYMENTS UNDER THE CITY’S HIGH-DEDUCTIBLE HEALTH PLAN; AND PROVIDING INCENTIVE PAYMENTS FOR THOSE OPTING OUT OF THE CITY’S HEALTH INSURANCE PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) Approved under consent agenda. 8.4 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT PURSUANT TO CITY REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-011 ENTITLED, “CONSTRUCTION Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 5 MANAGEMENT AT RISK SERVICES” FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO NEW CONSTRUCTION AT P.J. MELI AQUATIC COMPLEX TO BURKHARDT CONSTRUCTION, INC., IN THE AMOUNT OF EIGHTY EIGHT THOUSAND SIX HUNDRED AND SIXTY DOLLARS ($88,660.00) FOR PRE- CONSTRUCTION SERVICES, WITH A MUTUALLY AGREED UPON GUARANTEED MAXIMUM PRICE (“GMP”) TO BE PROVIDED ONCE THE DESIGN REACHES COMPLETION AND ESTABLISHING THE PROCESS FOR CONSTRUCTION SERVICES ONCE GMP IS APPROVED; AND TO EXCEED AN ANNUAL VENDOR EXPENDITURE THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Parks and Recreation) Approved under consent agenda. 8.5 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING AUTHORITY; PROVIDING FOR PROVISION AND FUNDING OF FIRE SERVICES; PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH ASSESSMENTS; PROVIDING LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT; PROVIDING UPDATED ASSESSMENT CALCULATIONS; ESTABLISHING PRELIMINARY NOT-TO- EXCEED ASSESSMENT RATES FOR FIRE ASSESSMENTS TO PROVIDE FOR THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF MAILED AND PUBLISHED NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 8.6 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BOUNDARIES OF THE CITY OF DANIA BEACH, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THAT NOTICE OF THE HEARING BE ISSUED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) Approved under consent agenda. 8.7 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 6 FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025; DIRECTING THE PREPARATION OF RESPECTIVE ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) Approved under consent agenda. 8.8 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2025-2026 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE RATE AS APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING TO HEAR OBJECTIONS AND QUESTIONS CONCERNING THE MILLAGE RATE, AND AT WHICH MEETING THE QUESTIONS AND CONCERNS WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) Approved under consent agenda. 8.9 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF ITS CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2025 EVIDENCED BY A LOAN IN AN AMOUNT NOT TO EXCEED $3,100,000 FROM TD PUBLIC FINANCE LLC TO THE CITY TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN CAPITAL PROJECTS, AS DESCRIBED HEREIN; AUTHORIZING THE NEGOTIATED SALE OF SUCH NOTE TO TD PUBLIC FINANCE LLC PURSUANT TO THE TERMS AND CONDITIONS OF A LOAN AGREEMENT BY AND AMONG THE FLORIDA MUNICIPAL LOAN COUNCIL, CITY OF DANIA BEACH, FLORIDA, AND TD PUBLIC FINANCE LLC; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH NOTE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING AN EFFECTIVE DATE. (Finance) Approved under consent agenda. 8.10 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AUTHORIZE PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION SERVICES PROVIDED BY WGI, INC., FOR THE DANIA BEACH PIER STRUCTURAL EVALUATION, Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 7 ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES IN THE AMOUNT OF TWO HUNDRED ELEVEN THOUSAND DOLLARS ($211,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 8.11 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH U.S. WATER SERVICES CORPORATION D/B/A ROCHA CONTROLS, FOR CALIBRATIONS AND REPAIRS OF FLOW METERS AND RELATED DEVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 8.12 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RIC-MAN INC. FOR THE SOUTHEAST DRAINAGE RETROFIT PROJECT PHASE II, IN AN AMOUNT NOT TO EXCEED NINETEEN MILLION SEVEN HUNDRED FIFTY-FOUR THOUSAND FOUR HUNDRED NINETY-FOUR DOLLARS AND FIFTY-ONE CENTS ($19,754,494.51); WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 8.13 Request for Use of Discretionary Funds: - Back to School Beach Clean-Up & Backpack Giveaway - Sponsored by Mayor Davis - Summer Camp - American Legion Post 209 - Sponsored by Vice Mayor Salvino Approved under consent agenda. 9. BIDS AND REQUESTS FOR PROPOSALS 9.1 RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE PROFESSIONAL ENGINEERING DESIGN, BIDDING ASSISTANCE, AND LIMITED CONSTRUCTION SERVICES PROVIDED BY KIMLEY-HORN AND ASSOCIATES, INC (KHA) FOR THE SW 29TH TERRACE & PJ MELI PARK DRAINAGE IMPROVEMENT PROJECT IN THE AMOUNT OF TWO HUNDRED SIXTY-SIX THOUSAND AND TWO HUNDRED SEVENTY FIVE DOLLARS ($266,275.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 8 City Attorney Boutsis read the title of the resolution. Deputy Director of Public Services Sean Schutten introduced the item. Vice Mayor Salvino made a motion to approve the item. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 9.2 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PROFESSIONAL ENGINEERING DESIGN, BIDDING ASSISTANCE, AND LIMITED CONSTRUCTION SERVICES TO BE PROVIDED BY KIMLEY-HORN AND ASSOCIATES, INC (KHA) FOR THE SW 34TH COURT STORMWATER IMPROVEMENTS PROJECT, WHICH SERVICES SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND AND THREE HUNDRED NINETY FIVE DOLLARS ($114,395.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) City Attorney Boutsis read the title of the resolution. Deputy Director of Public Services Sean Schutten introduced the item. Vice Mayor Salvino made a motion to approve the item. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 10. QUASI-JUDICIAL HEARINGS 10.1 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST TO WAIVE THE SIDEWALK INSTALLATION REQUIREMENT OF SECTION 22-27, OF THE CITY’S CODE ORDINANCES (VA-038-24) SUBMITTED BY THE APPLICANT/PROPERTY OWNER, SGM DEVELOPMENT, INC., FOR PROPERTY LOCATED AT 3951 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record and swore in anyone wishing to speak on the item. She asked for any disclosures from the Commission and there were none. Planning and Zoning Manager Viviana Batista introduced the item. Vice Mayor Salvino questioned if the applicant had to pay for the variance and Planning and Zoning Manager Batista responded, yes. Vice Mayor Salvino asked for further clarification on the variance and Manager Batista responded that when the applicant submitted the site plan the sidewalks were included, however, the drawings submitted to the county for drainage approval did not include those sidewalks. Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 9 Vice Mayor Salvino asked if the county does not support sidewalks, why go through a variance process instead of simply rejecting the plan and Manager Batista said the code mandates sidewalks for project completion and issuance of the CO. Vice Mayor Salvino responded that it was confusing, but he understands. Mayor Davis asked for anyone wishing to speak on the item and there was none. Commissioner Lewellen made a motion to approve the item. The motion was seconded by Commissioner Rimoli which carried unanimously on voice vote. 10.2 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE CRITERIA OF SECTION 630-50, ENTITLED “SPECIAL EXCEPTION USE DEVELOPMENT STANDARDS”, TO APPROVE THE APPLICANT’S REQUEST FOR A SPECIAL EXCEPTION (SE-033-024) TO ALLOW OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT, SUBMITTED BY APPLICANT, 2750 GRIFFIN LIVING, LLLP, FOR PROPERTY LOCATED AT 2750 GRIFFIN ROAD BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record and swore in anyone wishing to speak on the item. She asked for any disclosures from the Commission and there were none. Planning and Zoning Manager Viviana Batista introduced the item. Attorney Rod Feiner of Coker and Feiner spoke on behalf of the applicant. Mayor Davis asked Mr. Feiner to provide information on how the parking concerns will be addressed. Mr. Feiner commented that they have provided information to the residents regarding parking and that way-finding signage has been installed to assist. Vice Mayor Salvino agreed that parking was an issue previously, but it seems to have cleared up and the owner is making every attempt to accommodate the amount of parking spaces that is necessary. As the city increases outdoor seating, this issue will come up again. He is in favor and noted that the Commission could make some changes if they receive too many complaints. Commissioner Ryan questioned the location of the signs and Mr. Feiner confirmed the signage at the property and at Dollar Tree. Commissioner Rimoli asked if the space was currently being used and Mr. Feiner responded that it is not being utilized as outdoor dining now. Commissioner Lewellen clarified that it was being used at some point and Mr. Feiner responded that it was until they were cited and they ceased immediately. Mayor Davis asked for anyone wishing to speak on the item and the following spoke: Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 10 - Jennifer Stewart – 4891 SW 28th Avenue Vice Mayor Salvino made a motion to approve the item. The motion was seconded by Commissioner Ryan which carried 5-0 on roll call vote. 10.3 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-91-06MOD) AND VARIANCE (VA-021-25) APPLICATIONS TO MODIFY THE LANDSCAPING REQUIREMENT AND APPROVE ELECTRIC VEHICLE CHARGING SPACES ON THE PROPERTY, SUBMITTED BY THE APPLICANT, TESLA INC., FOR PROPERTIES LOCATED AT 2061, 2071 AND 2081 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record and swore in anyone wishing to speak on the item. She asked for any disclosures from the Commission and there were none. Planning and Zoning Manager Viviana Batista introduced the item. Mayor Davis asked for anyone wishing to speak on the item and there was none. Vice Mayor Salvino made a motion to approve the item. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 11. FIRST READING ORDINANCES None. 12. SECOND READING ORDINANCES 12.1 ORDINANCE NO. 2025-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY’S PUBLIC ART FEE IMPOSED ON DEVELOPMENTS, BY AMENDING CHAPTER 28, ENTITLED THE “LAND DEVELOPMENT CODE” AT SECTION 811-50, “APPLICATION PROCEDURES FOR PLACEMENT OF ART ON PRIVATE PROPERTY,” AND SECTION 811-70. ENTITLED “BUILDING PERMITS”; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the ordinance. Mayor Davis asked for anyone wishing to speak on the item and there was none. Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 11 Vice Mayor Salvino made a motion to approve the item. The motion was seconded by Commissioner Rimoli which carried unanimously on voice vote with Commissioner Ryan voting no. 13. DISCUSSION AND POSSIBLE ACTION 13.1 Selecting a Voting Delegate from those Attending the Florida League of Cities Annual Conference There was consensus for Mayor Davis to be the voting delegate. 13.2 Request to Attend the Annual Southeast Florida Climate Leadership Summit and Discussion on Sponsorship - Sponsored by Mayor Davis Mayor Davis is requesting to attend the Southeast Florida Climate Leadership Summit and to discuss sponsorship. There was consensus to sponsor at the bronze level from the commission contingency and for Mayor Davis to attend the event. 13.3 Appointments to the Airport Noise Abatement Committee - City Clerk City Clerk Riera introduced the item and mentioned that there is a member who is interested in serving. There was consensus to appoint Charlene Tanner to noise site #5. 13.4 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CREATION OF A SHORT LIST OF ARTISTS FROM THE “CREATIVE VISION” CALL TO ARTISTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record. Director of Community Development Eleanor Norena introduced the item. Commissioner Ryan commented that he viewed all the applications, and he is happy with the short list provided by the board. Commissioner Lewellen made a motion to approve the amended resolution. The motion was seconded by Vice Mayor Salvino which carried unanimously on voice vote. 13.5 RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE DANIA BEACH, FLORIDA, PERTAINING TO RESOLUTION 2024-79, WHICH MODIFIED RESOLUTION 24-85, AND Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 12 PRESCRIBES RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AMENDING THE RULES TO LIMIT THE NUMBER OF PRESENTATIONS REQUESTED BY ELECTED OFFICIALS TO TWO, PER MEETING, WITH NO TIME LIMIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Sponsored by Mayor Davis) City Attorney Boutsis read the title of the resolution and introduced the item. Mayor Davis said she is committed to upholding the rules and procedures that govern the commission meetings and explained her reasoning for the proposed change, citing recent lengthy presentations (e.g., Broward County Property Appraiser and Solid Waste Authority) that exceeded the 7-minute limit but offered critical information to the Commission and the public. Mayor Davis emphasized the need for flexibility in cases of scheduling conflicts and the importance of adhering to rules consistently. Commissioner Lewellen commented that the policy was put into place because of the Commission not getting to city business until past 9:00 p.m. at night. She suggested setting a total cap on presentation time rather than limiting each commissioner. She proposed establishing a dedicated workshop time set aside for longer presentations beginning at 6:00 p.m. on the second meeting of the month when there is not a CRA meeting. She noted she has received complaints from residents in the past because the city was not getting to the actual meeting until after 9:00 p.m. and she does not want to lose people coming in, talking to the Commission and asking questions. Commissioner Rimoli suggested an alternative could be to move the presentations to the end of the meeting. He too does not want to leave it open-ended. The Commission should be prepared to ask their presenters to keep it limited to a certain time to be respectful to everyone. Vice Mayor Salvino said he did not agree with any of the suggestions. He feels the Commission needs to come to a compromise as a team. He disagreed with removing time limits altogether and suggested two presentations a night at ten minutes each or one presentation for twenty minutes. Commissioner Ryan supports Mayor Davis’s discretion for managing presentation time, especially when the subject matter is of high public value. He suggested a 12-minute guideline per presentation with some flexibility for question and answer. Mayor Davis commented that she would like a roundabout time and wants it to be feasible for everyone providing a little discretion and leeway for question and answer. Vice Mayor Salvino said when the rule of discretion is broken it could offend other people; there should be a time limit. His final suggestion is no more than 30 minutes total, whether it is one, two or three presentations. Mayor Davis said she likes Vice Mayors suggestion. City Manager Garcia commended the Commission on collaboration and communication between the team and said city staff could adjust their presentations accordingly if needed. Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 13 The Commission agreed to no more than 3 or 30 minutes total amongst the commission with the Mayor’s discretion. City Attorney Boutsis confirmed the amendment to be the Commission is limited to no more than 3 or 30 minutes, at the discretion of the Mayor. Vice Mayor Salvino made a motion to approve the item as amended. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 13.6 Access to the Construction Site of Gymnasium at CW Thomas Park for Tamara James City Attorney Boutsis introduced the item. Mayor Davis noted that she does have some concerns as this is an active construction site and safety is the number one priority. She questioned City Manager Garcia as to whether this was an unprecedented request. City Manager Garcia responded that it was an unprecedented request and the first during her tenure with the city. Vice Mayor Salvino commented that he understands the concerns but supports the request due to Former Mayor James’s contributions and the gym being named after her. He believes she will comply with all safety requirements, and he recalls past instances of Commission members visiting construction sites. Commissioner Lewellen said she recalls the instance that the Vice Mayor is speaking of but that was a private developer and a different situation. She believes this is city management operations decisions and not a commission policy decision; the Commission is not supposed to be directing operational situations, and this puts the Commission in a bad position. Commissioner Rimoli agreed this is an operational issue and not for the Commission to decide. Commissioner Ryan said it seems the project is reaching its final stage and recognized it is a unique situation. In speaking with Former Mayor James, she said she has no problem with the hold harmless agreement and waiver. He does not have an issue with it and thinks the city should not have an issue with it if it is done with a hold harmless agreement and in compliance with city/legal safety protocols. He said this is a wonderful opportunity for the entire Commission, our current and former Mayors to come together as a community and celebrate this great gym the city is creating. City Manager Garcia clarified that the request was not denied outright and offered to accommodate the request after Mayor on the Move with proper planning and safety protocols, however, Former Mayor James did not want to wait until September. Mayor Davis said it would have been a good idea to be able to collaborate but was disappointed by a perceived threat on social media and she then cannot collaborate as she would have. She Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 14 stated this isn’t a decision to be made by the Commission, it is an operations decision. She no longer feels comfortable with the collaboration component and just wants the OSHA regulations to be followed and wants to move forward and get to a decision so that the Commission can move on. Commissioner Ryan made a motion to allow Tamara James access to the site at a time within the discretion of City Management, City Attorney and OSHA requirements. Vice Mayor Salvino seconded the motion. Commissioner Rimoli asked City Manager Garcia what the date and time was that was previously set for former Mayor James to go on site and City Manager Garcia responded around the second week of September after Mayor on the Move was completed. Commission Rimoli made a friendly amendment to agree to the date and time of the choosing of City Manager Garcia to allow her to be on site to take pictures and do what she needs to do. Commissioner Rimoli’s friendly amendment was seconded by Commissioner Lewellen. The motion carried unanimously on roll call vote 5-0. City Clerk Riera called the original motion made by Commissioner Ryan and seconded by Vice Mayor Salvino to vote. The original motion passed 4-1 with Mayor Davis voting no. 14. APPOINTMENTS None. 15. COMMISSION COMMENTS 15.1 Commissioner Lewellen Commissioner Lewellen had no comments. 15.2 Commissioner Rimoli Commissioner Rimoli wished everyone a wonderful summer and said he will see everyone in August. 15.3 Commissioner Ryan Commissioner Ryan commented that item 8.9 on the agenda was the agreement to purchase the MC Frost house. He said the city is buying a huge piece of history, it is a great accomplishment. He spoke about the property and thanked the Commission for their support and said the AC Frost house is next. 15.4 Vice-Mayor Salvino Minutes of Regular Meeting Dania Beach City Commission Tuesday, July 8, 2025 – 7:00 p.m. 15 Vice Mayor Salvino commented that he will be going on vacation and said everyone should lead with love. 15.5 Mayor Davis Mayor Davis congratulated the Rita Crockett Beach Sports Academy on their groundbreaking, noting that it will be exciting to have this health and wellness athletic opportunity in the city. She also met Principal Eames at Collins Elementary and remarked on his energy and enthusiasm. She said he is eager to implement positive changes at Collins and looks forward to the Commission meeting him. The 5K Walking Club hosted its first Fourth of July Walk, with 50 members registered. She expressed her excitement about advancing health initiatives. She stated she is happy that the Commission has been able to collaborate as a team and thanks them for their leadership. She looks forward to doing great things with the budget and noted the millage rate remains unchanged. She wished Commissioner Rimoli a happy belated birthday and wished everyone a safe and happy summer. 16. ADJOURNMENT Mayor Davis adjourned the meeting at 10:00 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR Approved: City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, Deputy Public Services Director SUBJECT: APPROVAL TO USE THE OMNIA PARTNERS COOPERATIVE GROUP CONTRACT TO PROVIDE REPAIR AND MAINTENANCE SERVICES TO CITY ELEVATORS Request: The Public Services Department (PSD) is requesting authorization to use the Omnia Partners Group Contract (Omnia Co-op) to procure citywide elevator repair and maintenance services for and to exceed the annual expenditure threshold of $50,000 for one vendor. Background: The City has elevators at various facilities, including the City Hall building and adjacent parking garage, and the Quarterdeck Restaurant/pier location. These vertical transport systems are heavily used throughout the day, in many cases including weekends. Due to the use and age of the elevator systems, their repair and maintenance demands can be significant on any given year. During fiscal years 2024 and 2025 combined, PSD spent over $66,000 on elevator maintenance and repairs (using three different vendors). While this amount did include two significant repairs that are not frequently required, it is prudent to be authorized to exceed the annual single vendor threshold in the event that it is necessary. Having a competitively priced and full-scope service agreement such as the Omnia Co-op would be extremely advantageous. The Co-op agreement, which is effective through August 2029, includes participants such as the University of California and the City of Kansas City, MO. It also provides work on systems from various elevator manufacturers, including those that the city has in operation. Budgetary Impact The estimated $60,000 annual expenditures on elevator repair and maintenance will be appropriated from the Parking Facilities “Repair & Maint. Services Equipment” Account No. 415-45-03-545-46-10, Pier “Repair & Maint. Services Equipment” Account No. 415-72-15-572- 46-10, and Facilities “Repair & Maint. Services Equipment” 505-39-02-539-46-10. Recommendation PSD recommends the authorization to enter into the Omnia Partners Group Contract for citywide elevator repair and maintenance. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH KONE INC. TO UTILIZE THE OMNIA PARTNERS COOPERATIVE GROUP CONTRACT NO. 2019.01564, FOR PROVIDING ELEVATOR SYSTEM REPAIR AND MAINTENANCE SERVICES VALID THROUGH AUGUST 31, 2029, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) EACH FISCAL YEAR THE CONTRACT IS IN PLACE; AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, the Public Services Department is seeking authorization from the City Commission to utilize the Omnia Partners Cooperative Group Contract, effective October 1, 2024 through August 31, 2029, and enter into an agreement with Kone, Inc. for repair and maintenance of elevator systems citywide, which Agreement is attached as Exhibit “A”, and which is made a part of and is incorporated into this Resolution by this reference; authorization is also being requested to exceed the City’s threshold of Fifty Thousand Dollars ($50,000.00) for a single vendor each year that the contract is in place therefore, City Commission approval is required; and WHEREAS, repair and maintenance of elevators at various locations across the city is required throughout the year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2025-_____ Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the Public Services Department to utilize the Omnia Partners Cooperative Group Contract No. 2019.01564, effective through August 31, 2029, for repair and maintenance of elevator systems citywide. Authorization is also being requested to exceed the annual amount of Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor each fiscal year that the contract is in place. Section 3. That funding for water plant chemicals are planned and appropriated in the Parking Facilities “Repair & Maint. Services Equipment” Account Number 415-45-03-545-46-10, Pier “Repair & Maint. Services Equipment” Account No. 415-72-15-572-46-10, and Facilities “Repair & Maint. Services Equipment” 505-39-02-539-46-10. and such purchases will be made within the respective Departments’ annual approved budget appropriations. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2025-_____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND KONE, INC. TO PROVIDE CITY-WIDE REPAIR AND MAINTENANCE OF ELEVATOR SYSTEMS UNDER THE OMNIA PARTNERS COOPERATIVE GROUP CONTRACT NO. 2019.001564 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 Kone, Inc. (Contractor), a foreign corporation registered to conduct business in Florida, with an address of 2700 BiState Drive, Suite 100, Kansas City Missouri 64108, contact name Ashley Brauer, email Ashley.brauer@kone.com In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The current contract issued under Solicitation No. 2019.01564, between Omnia Partners Cooperative Group and the Contractor, using the contract with the University of California as lead agency, a copy of which is attached as Exhibit “A”, and made a part of and is incorporated into this Agreement by this reference, shall be considered a part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in Florida and service rates are lower than those afforded to any entity for such purchases, then Contractor shall provide such lower rates to the City. 2. The Contractor’s pricing is attached within Exhibit A and made a part of and is incorporated into this Agreement by this reference. 3. The current Agreement between the University of California and the Contractor expires August 31, 2029.. 4. Any reference to the University of California throughout Exhibit A is replaced with the City of Dania Beach. 5. The location of the services will be throughout the City at City-owned facilities 6. 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. 7. 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 2 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: Ashley Brauer, Senior Sales Consultant Kone, Inc. 2700 BiState Drive, Suite 100 Kansas City, MO 64109 8. Any insurance policy required pursuant to Exhibit A, would name the City of Dania Beach as additional insured. A copy of the insurance certificate shall be provided to the City of Dania Beach upon execution of this piggyback agreement. 9. That in all other respects, the terms of Exhibit “A” apply to this Agreement. REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY SIGNATURES ON THE FOLLOWING PAGES 3 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 4 CONTRACTOR: Kone, Inc. a foreign corporation WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, by as of Kone, Inc., a foreign corporation registered to conduct business in Florida, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Page 1 of 2 Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair and related services. Executive Summary Lead Agency: University of California Solicitation: #000289-APR2018 RFP Issued: April 24, 2019 Pre-Proposal Date: May 3, 2019 Response Due Date: June 3, 2019 Proposals Received: 8 Awarded to: Kone Inc. The University of California Office of the President issued RFP #000289-APR2018 on April 24, 2019, to establish a national cooperative contract for Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair and related services. The solicitation included cooperative purchasing language in Sections D: The University of California, as the Principal Procurement Agency, defined in Exhibit A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The UC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Exhibits A through H contain additional information about OMNIA Partners and the cooperative purchasing agreement. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • CalUsource website • OMNIA Partners, Public Sector website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR Page 2 of 2 • The State, SC • South Carolina website/newsletter (get from Chris White) • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT On June 3, 2019 proposals were received from the following offerors: • Van Deusen & Associates, Inc. • Kone Inc. • Otis Elevator Company • Smartrise Engineering • Liftech Elevator Services, Inc. • Amtech • Lerch Bates • National Elevator Inspection Service The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Van Deusen & Associates, Inc., Kone Inc., Otis Elevator, Lerch Bates, Smartrise Engineering and National Elevator Inspection Service and proceeding with contract award upon successful completion of negotiations. The University of California, OMNIA Partners, Public Sector and Kone Inc. successfully negotiated a contract, and the University of California executed the agreement with a contract (#2019001564) effective date of October 1, 2019. Contract includes: • Complete elevator maintenance services (traction and hydraulic) • Escalators and powerwalks • Testing • Reporting services • Remote monitoring • KRMS Voice Monitoring Service Option Term: Initial five (5) year agreement from October 1, 2019 through September 30, 2024 with the option to renew for five (5) additional one (1) year periods through September 30, 2029. Pricing/Discount: See pricing files OMNIA Partners, Public Sector Web Landing Pages: https://www.omniapartners.com/publicsector/contract/supplier-contracts/kone Purchasing Agreement # 2019.001564 Page 1 of 4 The Agreement to furnish certain goods and services described herein and in the documents referenced herein (“Goods and/or Services”) is made by and between The Regents of the University of California, a California public corporation (“UC”) on behalf of the University of California, and the supplier named below (“Supplier”). This Master Service Agreement is binding only if it is negotiated and executed by an authorized representative with the proper delegation of authority. 1. Statement of Work Supplier agrees to perform the Services listed in the statement of work attached as Attachment A (“Statement of Work”) and any other documents referenced in the Incorporated Documents section herein, at the prices set forth in the Statement of Work and any other documents referenced in the Incorporated Documents section herein. Unless otherwise provided in the Agreement, UC will not be obligated to purchase a minimum amount of Goods and/or Services from Supplier. 2. Term of Agreement/Termination a) The initial term of the Agreement will be from October 1, 2019 and through September 30, 2024 (Initial Term) and is subject to earlier termination as provided below. UC may renew the Agreement for Five (5) successive One (1) -year periods (each, a Renewal Term), by providing Supplier with at least Thirty (30) calendar days’ written notice before the end of the Initial Term or any Renewal Term. b) UC may terminate the Agreement for convenience by giving Supplier at least 30 calendar days' written notice. c) UC or Supplier may terminate the Agreement for cause by giving the other party at least 30 days' notice to cure a breach of the Agreement (Cure Period). If the breaching party fails to cure the breach within the Cure Period, the non-breaching party may immediately terminate the Agreement. 3. Purchase Order; Advance Payments Unless otherwise provided in the Agreement, Supplier may not begin providing Goods and/or Services until UC approves a Purchase Order for the Goods and/or Services. 4. Pricing, Invoicing Method, and Settlement Method and Terms Refer to Attachment B – Pricing Schedule for Pricing. For systemwide agreements, each UC Location will specify the Invoicing Method and Payment Options that will apply, taking into account the operational capabilities of Supplier and the UC Location. See UC’s Procure to Pay Standards http://www.ucop.edu/procurement-services/_files/Matrix%20for%20website.pdf for the options that will be considered. In the case of systemwide agreements, each UC Location will specify these terms in a Statement of Work or Purchase Order, as the case may be. Invoicing Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, UC will pay freight and shipping/handling as follows: FOB Destination. All invoices must clearly indicate the following information: California sales tax as a separate line item; Shipping costs as a separate line item; UC Purchase Order or Release Number; Description, quantity, catalog number and manufacturer number of the item ordered; Net cost of each item; Any pay/earned/dynamic discount; Reference to original order number for all credit memos issued; DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA Purchasing Agreement # 2019.001564 Page 2 of 4 Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each UC Location, unless UC notifies the Supplier otherwise by amendment to the Agreement. Settlement Method and Terms Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, the Settlement Method and Terms will be as follows: Net 30 5. Notices As provided in the UC Terms and Conditions of Purchase, notices may be given by email, which will be considered legal notice only if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – [insert, as the case may be, Supplier name or University of California]. If a physical format notice is required, it must be sent by overnight delivery or by certified mail with return receipt requested, at the addresses specified below. To UC, regarding contract issues not addressed above: Name Reynaldo Cano-Boza Title Sr. Commodity Manager Phone (510) 987-9893 Email Reynaldo.Cano-Boza@ucop.edu Address 7835 Trade Street, Suite 100 San Diego, CA 92121 To Supplier: Name Brad Fleming Title Director, Institutional Vertical Phone 309-314-0880 (Cell) Email Brad.Fleming@kone.com Address 4225 Naperville Road, Suite 400 Lisle, IL. 60532 6. Intellectual Property, Copyright and Patents /___/ The Goods and/or Services involve Work Made for Hire /_X_/ The Goods and/or Services do not involve Work Made for Hire 7. Patient Protection and Affordable Care Act (PPACA) /___/ Because the Services involve temporary or supplementary staffing, they are subject to the PPACA warranties in the T&Cs. /_X_/ The Services do not involve temporary or supplementary staffing, and they are not subject to the PPACA warranties in the T&Cs. DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA Purchasing Agreement # 2019.001564 Page 3 of 4 8. Prevailing Wages /___/ Supplier is not required to pay prevailing wages when providing the Services. 9. Fair Wage/Fair Work /_X_/ Supplier is not required to pay the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) when providing the Services. 10. Restriction Relating to Consulting Services or Similar Contracts – Follow-on Contracts Please note a Supplier that is awarded a consulting services or similar contract cannot later submit a bid or be considered for any work “required, suggested, or otherwise deemed appropriate” as the end product of the Services (see Public Contract Code Section 10515). 11. Insurance Deliver the PDF version of the Certificate of Insurance to UC’s Buyer, by email with the following text in the Subject field: CERTIFICATE OF INSURANCE – KONE Inc. 14. Records about Individuals Records created pursuant to the Agreement that contain personal information about individuals (including statements made by or about individuals) may become subject to the California Information Practices Act of 1977, which includes a right of access by the subject individual. While ownership of confidential or personal information about individuals is subject to negotiated agreement between UC and Supplier, records will normally become UC’s property, and subject to state law and UC policies governing privacy and access to files. When collecting the information, Supplier must inform the individual that the record is being made, and the purpose of the record. Use of recording devices in discussions with employees is permitted only as specified in the Statement of Work. 15. Amendments to UC Terms and Conditions of Purchase The UC Terms and Conditions of Purchase, dated 08/06/2019 are hereby amended as follows: Please refer to Attachment C – University of California Rider. 16. Cooperative Purchasing Supplier agrees to extend pricing and Goods and/or Services to the California State University institutions (CSU) and the California Community Colleges (CCC) and agencies nationwide registered with OMNIA Partners under the terms of the Agreement. All contractual administration issues (e.g. terms and conditions, extensions, and renewals) will remain UC’s responsibility. Operational issues, fiduciary responsibility, payment issues, performance issues and liabilities, and disputes involving individual CSU or CCC campuses will be addressed, administered, and resolved by each CSU or CCC campus. DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA Purchasing Agreement # 2019.001564 Page 4 of 4 17. Incorporated Documents This Agreement and its Incorporated Documents contain the entire agreement between the Parties, in order of the below precedent, concerning its subject matter and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties in respect thereof. a) Master Service Agreement # 2019.0001564 b) UC Terms and Conditions of Purchase c) Attachment A - Statement of Work d) UC Request for Proposal# (000289-APR2018) RFP-ElevatorMaintenance-UCSystemWide- April2019 (“RFP”) and e) Supplier’s responses thereto submitted on or about June 17, 2019 (“RFP Response”) f) Attachment B – Pricing Schedule g) Attachment C – University of California Rider h) Omnia Exhibits F i) Omnia Exhibit G 18. Entire Agreement The Agreement and its Incorporated Documents contain the entire Agreement between the parties and supersede all prior written or oral agreements with respect to the subject matter herein. This Agreement can only be signed by an authorized representative with the proper delegation of authority. THE REGENTS OF THE KONE INC. UNIVERSITY OF CALIFORNIA ________________________________ ___________________________________ (Signature) (Signature) Dylan Paul Jeffrey S. Blum Associate Director, Strategic Sourcing Senior Vice President Facilities and Maintenance/Construction ____________________________________ (Printed Name, Title) (Printed Name, Title) ________________________________ ____________________________________ (Date) (Date) Opportunity #0009121443 11/01/2019 DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA 11/1/2019 6.Notwithstanding any provisions contained in the Terms and Conditions of Purchase to the contrary,Contractor shall retain ownership of all intellectual property rights involving the goods and/or servicesprovided by Contractor. KONE Inc. BY:_________________________ TITLE:Jeffrey S. Blum Senior Vice President___________ ACCEPTED: Regents of the University of California BY: ____________________________ TITLE: Dylan Paul Associate Director, Strategic Sourcing Facilities and Maintenance/Construction_____ DATE: ____________________________ DATE:___________________________ Opportunity #0009121443 11/01/2019 DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA 11/1/2019 Page 1 of 15 Revised 8/6/2019 Terms and Conditions of Purchase ARTICLE 1 – GENERAL The equipment, materials, or supplies (“Goods”) and/or services (“Services”) furnished by Supplier (together, the “Goods and Services”) and covered by the UC Purchase Order (“PO”) and/or other agreement (which, when combined with these Terms and Conditions and any other documents incorporated by reference, will constitute the “Agreement”) are governed by the terms and conditions set forth herein. As used herein, the term "Supplier" includes Supplier and its sub-suppliers at any tier. As used herein, “UC” refers to The Regents of the University of California, a corporation described in California Constitution Art. IX, Sec. 9, on behalf of the UC Locations identified in the Agreement and/or the PO. UC and Supplier individually will be referred to as “Party” and collectively as “Parties.” Any defined terms not defined in these Terms and Conditions of Purchase will have the meaning ascribed to such term in any of the other documents incorporated in and constituting the Agreement. No other terms or conditions will be binding upon the Parties unless accepted by them in writing. Written acceptance or shipment of all or any portion of the Goods, or the performance of all or any portion of the Services, covered by the Agreement, will constitute Supplier’s unqualified acceptance of all of the Agreement’s terms and conditions. The terms of any proposal referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal specifies the Goods and/or Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of the Agreement. ARTICLE 2 – TERM AND TERMINATION A. As applicable, the term of the Agreement (“Initial Term”) will be stated in the Agreement. Following the Initial Term, the Agreement may be extended by written mutual agreement. B. UC’s obligation to proceed is conditioned upon the appropriation of state, federal and other sources of funds not controlled by UC ("Funding"). UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation in the event that through no action or inaction on the part of UC, the Funding is withdrawn. C. UC may, by written notice stating the extent and effective date thereof, terminate the Agreement for convenience in whole or in part, at any time. The effective date of such termination shall be consistent with any requirements for providing notice specified in the Agreement, or immediate if no such terms are set forth in the Agreement. As specified in the termination notice, UC will pay Supplier as full compensation the pro rata Agreement price for performance through the later of the date that (i) UC provided Supplier with notice of termination or (ii) Supplier’s provision of Goods and/or Services will terminate. D. UC may by written notice terminate the Agreement for Supplier’s breach of the Agreement, in whole or in part, at any time, if Supplier refuses or fails to comply with the provisions of the Agreement, or so fails to make progress as to endanger performance and does not cure such failure within five (5) business days, or fails to supply the Goods and/or Services within the time specified or any written extension thereof. In such event, UC may purchase or otherwise secure Goods and/or Services and, except as otherwise provided herein, Supplier will be liable to UC for any excess costs UC incurs thereby. E. UC’s Appendix – Data Security, Appendix – BAA, and/or Appendix – GDPR will control in the event that one or more appendices are incorporated into the Agreement and conflicts with the provisions of this Article. ARTICLE 3 – PRICING, INVOICING METHOD, AND SETTLEMENT METHOD AND TERMS. Pricing is set forth in the Agreement or Purchase Order, and the amount UC is charged and responsible for shall not exceed the amount specified in the Agreement unless UC has given prior written approval. Unless otherwise agreed in writing by UC, Supplier will use the invoicing method and payment settlement method (and will extend the terms applicable to such settlement method) set forth in UC’s Supplier Invoicing, Terms & Settlement Matrix. UC will pay Supplier, upon submission of acceptable invoices, for Goods and/or Services provided and accepted. Invoices must be itemized and reference the Agreement or Purchase Order number. UC will not pay shipping, packaging or handling expenses, unless specified in the Agreement or Purchase Order. Unless otherwise provided, freight is to be FOB destination. Any of Supplier’s expenses that UC agrees to reimburse will be reimbursed under UC’s Travel Policy, which may be found at http://www.ucop.edu/central-travel-management/resources/index.html. Where applicable, Supplier will pay all taxes imposed on Supplier in connection with its performance under the Agreement, including any federal, state and local income, sales, use, excise and other taxes or assessments. Notwithstanding any other provision to the contrary, UC will not be responsible for any fees, interest or surcharges Supplier wishes to impose. Page 2 of 15 Revised 8/6/2019 Terms and Conditions of Purchase ARTICLE 4 – INSPECTION. The Goods and/or Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's performance, design, skill and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and test by UC at all times and places. If, prior to final acceptance, any Goods and/or Services furnished are found to be incomplete, or not as specified, UC may reject them, require Supplier to correct them at the sole cost of Supplier, or require provision of such Goods and/or Services at a reduction in price that is equitable under the circumstances. If Supplier is unable or refuses to correct such deficiencies within a time UC deems reasonable, UC may terminate the Agreement in whole or in part. Supplier will bear all risks as to rejected Goods and/or Services and, in addition to any costs for which Supplier may become liable to UC under other provisions of the Agreement, will reimburse UC for all transportation costs, other related costs incurred, or payments to Supplier in accordance with the terms of the Agreement for unaccepted Goods and/or Services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects, fraud or such gross mistakes as amount to fraud. ARTICLE 5 – ASSIGNED PERSONNEL; CHARACTER OF SERVICES Supplier will provide the Services as an independent contractor and furnish all equipment, personnel and materiel sufficient to provide the Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as UC may so require. Supplier will devote only its best-qualified personnel to work under the Agreement. Should UC inform Supplier that anyone providing the Services is not working to this standard, Supplier will immediately remove such personnel from providing Services and he or she will not 0again, without UC’s written permission, be assigned to provide Services. At no time will Supplier or Supplier’s employees, sub-suppliers, agents, or assigns be considered employees of UC for any purpose, including but not limited to workers’ compensation provisions. Supplier shall not have the power nor right to bind or obligate UC, and Supplier shall not hold itself out as having such authority. Supplier shall be responsible to UC for all Services performed by Supplier’s employees, agents and subcontractors, including being responsible for ensuring payment of all unemployment, social security, payroll, contributions and other taxes with respect to such employees, agents and subcontractors. ARTICLE 6 – WARRANTIES In addition to the warranties set forth in Articles 11, 12, 17, 23, 24, 25 and 26 herein, Supplier makes the following warranties. Supplier acknowledges that failure to comply with any of the warranties in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation. A. General Warranties. Supplier represents, warrants and covenants that: (i) Supplier is free to enter into this Agreement and that Supplier is not, and will not become, during the Term, subject to any restrictions that might restrict or prohibit Supplier from performing the Services or providing the Goods ordered hereunder; (ii) Supplier will comply with all applicable laws, rules and regulations in performing Supplier’s obligations hereunder; (iii) the Goods and/or Services shall be rendered with promptness and diligence and shall be executed in a skilled manner by competent personnel, in accordance with the prevailing industry standards; and if UC Appendix Data Security is NOT included:(iv) Supplier has developed a business interruption and disaster recovery program and is executing such program to assess and reduce the extent to which Supplier’s hardware, software and embedded systems may be susceptible to errors or failures in various crisis (or force majeure) situations; (v) if Supplier uses electronic systems for creating, modifying, maintaining, archiving, retrieving or transmitting any records, including test results that are required by, or subject to inspection by an applicable regulatory authority, then Supplier represents and warrants that Supplier’s systems for electronic records are in compliance; and (vi) Supplier agrees that the Goods and/or Services furnished under the Agreement will be covered by the most favorable warranties Supplier gives to any customer for the same or substantially similar goods or services, or such other more favorable warranties as specified in the Agreement. The rights and remedies so provided are in addition to and do not limit any rights afforded to UC by any other article of the Agreement. B. Permits and Licenses. Supplier agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations and ordinances of the United States and of the state, territory and political subdivision or any other country in which the Goods and/or Services are provided. C. Federal and State Water and Air Pollution Laws. Where applicable, Supplier warrants that it complies with the requirements in UC Business and Finance Bulletin BUS-56 (Materiel Management; Purchases from Entities Violating State or Federal Water or Air Pollution Laws). Consistent with California Government Code 4477, these requirements do not permit UC to contract with entities in violation of Federal or State water or air pollution laws. D. Web Accessibility Requirements. As applicable to the Supplies and/or Services being provided under the Agreement, Supplier warrants that: Page 3 of 15 Revised 8/6/2019 Terms and Conditions of Purchase 1. It complies with California and federal disability laws and regulations; and 2. The Goods and/or Services will conform to the accessibility requirements of WCAG 2.0AA. 3. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Goods and/or Services; E. General Accessibility Requirements. Supplier warrants that: 1. It will comply with California and federal disability laws and regulations; 2. Supplier will promptly respond to remediate to any identified accessibility defects in the Goods and Services to conform to WCAG 2.0 AA; and 3. Supplier agrees to promptly respond to and use reasonable efforts to resolve and remediate any complaint regarding accessibility of its Goods and/or Services. F. Warranty of Quiet Enjoyment. Supplier warrants that Supplier has the right of Quiet Enjoyment in, and conveys the right of Quiet Enjoyment to UC for UC’s use of, any and all intellectual property that will be needed for Supplier’s provision, and UC’s use of, the Goods and/or Services provided by Supplier under the Agreement. G. California Child Abuse and Neglect Reporting Act ("CANRA"). Where applicable, Supplier warrants that it complies with CANRA. H. Debarment and Suspension. Supplier warrants that it is not presently debarred, suspended, proposed for debarment, or declared ineligible for award of federal contracts or participation in federal assistance programs or activities. I. UC Trademark Licensing Code of Conduct. If the Goods will bear UC’s name (including UC campus names, abbreviations of these names, UC logos, UC mascots, or UC seals) or other trademarks owned by UC, Supplier warrants that it holds a valid license from UC and complies with the Trademark Licensing Code of Conduct policy, available at http://policy.ucop.edu/doc/3000130/TrademarkLicensing. J. Outsourcing (Public Contract Code section 12147) Compliance. Supplier warrants that if the Agreement will displace UC employees, no funds paid under the Agreement will be used to train workers who are located outside of the United States, or plan to relocate outside the United States as part of the Agreement. Additionally, Supplier warrants that no work will be performed under the Agreement with workers outside the United States, except as described in Supplier’s bid. If Supplier or its sub-supplier performs the Agreement with workers outside the United States during the life of the Agreement and Supplier did not describe such work in its bid, Supplier acknowledges and agrees that (i) UC may terminate the Agreement without further obligation for noncompliance, and (ii) Supplier will forfeit to UC the amount UC paid for the percentage of work that was performed with workers outside the United States and not described in Supplier’s bid. ARTICLE 7 – INTELLECTUAL PROPERTY, COPYRIGHT, PATENTS, AND DATA RIGHTS A. Goods and/or Services Involving Work Made for Hire. 1. Unless UC indicates that the Goods and/or Services do not involve work made for hire, Supplier acknowledges and agrees that any deliverables provided to UC by Supplier in the performance of the Agreement, and any intellectual property rights therein, (hereinafter the "Deliverables") will be owned by UC. The Deliverables will be considered "work made for hire" under U.S. copyright law and all right, title, and interest to and in such Deliverables including, but not limited to, any and all copyrights or trademarks, will be owned by UC. In the event that it is determined that UC is not the owner of such Deliverables under the "work made for hire" doctrine of U.S. copyright law, Supplier hereby irrevocably assigns to UC all right, title, and interest to and in such Deliverables and any copyrights or trademarks thereto. 2. The Deliverables must be new and original. Supplier must not use any pre-existing copyrightable or trademarked images, writings, or other proprietary materials (hereinafter "Pre-Existing Materials") in the Deliverables without UC’s prior written permission. In the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables. 3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC with complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result. 4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment. B. Goods and/or Services Not Involving Work Made for Hire. Page 4 of 15 Revised 8/6/2019 Terms and Conditions of Purchase 1. If the Goods and/or Services do not involve work made for hire, and in the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables. 2. The Deliverables must be new and original. Supplier must not use any Pre-Existing Materials in the Deliverables without UC’s prior written permission. 3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result. 4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment. C. General. Should the Goods and/or Services become, or in Supplier’s opinion be likely to become, the subject of a claim of infringement of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of any third party, Supplier will provide written notice to UC of the circumstances giving rise to such claim or likely claim. In the event that UC receives notice of a claim of infringement or is made a party to or is threatened with being made a party to any claim of infringement related to the Goods and/or Services, UC will provide Supplier with notice of such claim or threat. Following receipt of such notice, Supplier will either (at Supplier’s sole election) (i) procure for UC the right to continue to use the affected portion of the Goods and/or Services, or (ii) replace or otherwise modify the affected portion of the Goods and/or Services to make them non-infringing, or obtain a reasonable substitute product for the affected portion of the Goods and/or Services, provided that any replacement, modification or substitution under this paragraph does not effect a material change in the Goods and/or Services’ functionality. If none of the foregoing options is reasonably acceptable to UC, UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation. D. UC Rights to Institutional Information. Institutional Information shall belong exclusively to UC and unless expressly provided, this Agreement shall not be construed as conferring on Supplier any patent, copyright, trademark, license right or trade secret owned or obtained by UC. Any right for Supplier to use Institutional Information is solely provided on a non-exclusive basis, and only to the extent required for Supplier to provide the Goods or Services under the Agreement. As used herein, “Institutional Information” means any information or data created, received, and/or collected by UC or on its behalf, including but not limited to application logs, metadata and data derived from such data. ARTICLE 8 – INDEMNITY AND LIABILITY To the fullest extent permitted by law, Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and agents, from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and liabilities of any kind resulting from or arising out of the Agreement, including the performance hereunder of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, provided such losses, expenses, damages and liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, sub- suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control. UC agrees to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or action, and that UC will cooperate fully in such defense. UC retains the right to participate in the defense against any such claim or action, and the right to consent to any settlement, which consent will not unreasonably be withheld. In the event Appendix DS applies to this Agreement, Supplier shall reimburse or otherwise be responsible for any costs, fines or penalties imposed against UC as a result of Supplier’s Breach of Institutional Information and/or failure to cooperate with UC’s response to such Breach. As used herein, “Breach” means: (1) any disclosure of Institutional Information to an unauthorized party or in an unlawful manner; (2) unauthorized or unlawful acquisition of information that compromises the security, confidentiality or integrity of Institutional Information and/or IT Resources; and (3) the acquisition, access, use, or disclosure of Protected Health Information or medical information in a manner not permitted under the Health Insurance Portability and Accountability Act (HIPAA) or California law. “IT Resources” means IT infrastructure, cloud services, software, and/or hardware with computing and/or networking capability that is Supplier owned/managed, or UC-owned, or a personally owned device that stores Institutional Information, is connected to UC systems, is connected to UC networks, or is used for UC business. Page 5 of 15 Revised 8/6/2019 Terms and Conditions of Purchase ARTICLE 9 – INSURANCE Supplier, at its sole cost and expense, will insure its activities in connection with providing the Goods and/or Services and obtain, keep in force, and maintain the following insurance with the minimum limits set forth below, unless UC specifies otherwise: A. Commercial Form General Liability Insurance (contractual liability included) with limits as follows: 1. Each Occurrence $ 1,000,000 2. Products/Completed Operations Aggregate $ 2,000,000 3. Personal and Advertising Injury $ 1,000,000 4. General Aggregate $ 2,000,000 B. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. (Required only if Supplier drives on UC premises or transports UC employees, officers, invitees, or agents in the course of supplying the Goods and/or Services to UC.) C. If applicable, Professional Liability Insurance with a limit of two million dollars ($2,000,000) per occurrence or claim with an aggregate of not less than two million dollars ($2,000,000). If this insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement. D. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars ($1,000,000) per occurrence. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars ($1,000,000) per occurrence. E. If applicable, Supplier Fidelity Bond or Crime coverage for the dishonest acts of its employees in a minimum amount of one million dollars ($1,000,000). Supplier will endorse such policy to include a “Regents of the University of California Coverage” or “Joint Payee Coverage” endorsement. UC and, if so requested, UC’s officers, employees, agents and sub-suppliers will be named as "Loss Payee, as Their Interest May Appear” in such Fidelity Bond. F. In the event Appendix DS applies to this Agreement, Supplier, at its sole cost and expense, will obtain, keep in force, and maintain one or more insurance policies that provide coverage for technology, professional liability, data protection, and/or cyber liability. Typically referred to as Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability insurance, it will cover liabilities for financial loss due to the acts, omissions, or intentional misconduct of Supplier, its officers, employees, agents, sub- suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier’s direction and control, in connection with the performance of this Agreement, as well as all Supplier costs, including damages it is obligated to pay UC or any third party, that are associated with any confirmed or suspected Breach or compromise of Institutional Information. In some cases, Professional Liability policies may include some coverage for data breaches or loss of Institutional Information. Regardless of the type of policy(ies) in place, such coverage will include without limitation: (i) costs to notify parties whose data were lost or compromised; (ii) costs to provide credit monitoring and credit restoration services to parties whose data were lost or compromised; (iii) costs associated with third party claims arising from the confirmed or suspected Breach or loss of Institutional Information, including litigation costs and settlement costs; (iv) any investigation, enforcement, fines and penalties, or similar miscellaneous costs; and (v) any payment made to a third party as a result of extortion related to a confirmed or suspected Breach. The following insurance coverage is based on the highest Protection Level Classification of Institutional Information identified in Exhibit 1 to Appendix DS: 1. P1 - This insurance policy must have minimum limits of $500,000 each occurrence and $500,000 in the aggregate. 2. P2 - This insurance policy must have minimum limits of $1,000,000 each occurrence and $1,000,000 in the aggregate. 3. P3 and P4, less than 70,000 records - this insurance policy must have minimum limits of $5,000,000 each occurrence and $5,000,000 in the aggregate. 4. P3 and P4, 70,000 or more records - this insurance policy must have minimum limits of $10,000,000 each occurrence and $10,000,000 in the aggregate. Protection Level Classifications are defined in the UC Systemwide Information Security Classification of Information and IT Resources: https://security.ucop.edu/policies/institutional-information-and-it-resource-classification.html G. Additional other insurance in such amounts as may be reasonably required by UC against other insurable risks relating to performance. If the above insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement. If the above insurance coverage is modified, changed or cancelled, Supplier will provide UC with not less than fifteen (15) days’ advance written notice of such modification, change, or cancellation, and will promptly obtain replacement coverage that complies with this Article. I. The coverages referred to under A and B of this Article must include UC as an additional insured. It is understood that the coverage and limits referred to under A, B and C of this Article will not in any way limit Supplier’s liability. Supplier will furnish UC with certificates Page 6 of 15 Revised 8/6/2019 Terms and Conditions of Purchase of insurance (and the relevant endorsement pages) evidencing compliance with all requirements prior to commencing work under the Agreement. Such certificates will: 1. Indicate that The Regents of the University of California has been endorsed as an additional insured for the coverage referred to under A and B of this Article. This provision will only apply in proportion to and to the extent of the negligent acts or omissions of Supplier, its officers, agents, or employees. 2. Include a provision that the coverage will be primary and will not participate with or be excess over any valid and collectible insurance or program of self-insurance carried or maintained by UC. ARTICLE 10 – USE OF UC NAME AND TRADEMARKS Supplier will not use the UC name, abbreviation of the UC name, trade names and/or trademarks (i.e., logos and seals) or any derivation thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the UC name, abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, products, or services for sale or distribution to the public, without UC’s prior written approval. Supplier agrees to comply at all times with California Education Code Section 92000. ARTICLE 11 – FEDERAL FUNDS Supplier who supplies Goods and/or Services certifies and represents its compliance with the following clauses, as applicable. Supplier shall promptly notify UC of any change of status with regard to these certifications and representations. These certifications and representations are material statements upon which UC will rely. A. For commercial transactions involving funds on a federal contract (federal awards governed by the FAR), the following provisions apply, as applicable: 1. FAR 52.203-13, Contractor Code of Business Ethics and Conduct; 2. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; 3. FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements; 4. FAR 52.219-8, Utilization of Small Business Concerns; 5. FAR 52.222-17, Non-displacement of Qualified Workers; 6. FAR 52.222-21, Prohibition of Segregated Facilities; 7. FAR 52.222-26, Equal Opportunity; 8. FAR 52.222-35, Equal Opportunity for Veterans; 9. FAR 52.222-36, Equal Opportunity for Workers with Disabilities; 10. FAR 52.222-37, Employment Reports on Veterans; 11. FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act; 12. FAR 52.222-41, Service Contract Labor Standards; 13. FAR 52.222-50, Combating Trafficking in Persons; 14. FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements; 15. FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements; 16. FAR 52.222-54, Employment Eligibility Verification; 17. FAR 52.222-55, Minimum Wages Under Executive Order 13658; 18. FAR 52.222-62, Paid Sick Leave under Executive Order 13706; 19. FAR 52.224-3, Privacy Training; 20. FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations; 21. FAR 52.233-1, Disputes; and 22. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels. B. For non-commercial transactions involving funds on a federal contract, the UC Appendix titled ‘Federal Government Contracts Special terms and Conditions (Non-Commercial Items or Services)’ and located at www.ucop.edu/procurement-services/policies- forms/index.html is hereby incorporated herein by this reference. C. For transactions involving funds on a federal grant or cooperative agreement (federal awards governed by eCFR Title 2, Subtitle A, Chapter II, Part 200) the following provisions apply, as applicable: Page 7 of 15 Revised 8/6/2019 Terms and Conditions of Purchase 1. Rights to Inventions. If Supplier is a small business firm or nonprofit organization, and is providing experimental, development, or research work under this transaction, Supplier must comply with the requirements of 3 CFR Part 401, “Rights to Inventions Made by nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements”. 2. Clean Air Act. Supplier agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 3. Byrd Anti-Lobbying. Supplier certifies 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. 4. Procurement of Recovered Materials. If Supplier is a state agency or agency of a political subdivision of a state, then Supplier must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. D. In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms “Government” or “Contracting Officer” as used therein will refer to UC. Where a purchase of items is for fulfillment of a specific U.S. Government prime or subcontract, additional information and/or terms and conditions may be included in an attached supplement. By submitting an invoice to UC, Supplier is representing to UC that, at the time of submission: 1. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the U.S. government (see FAR 52.209-6); 2. Supplier has filed all compliance reports required by the Equal Opportunity clause (see FAR 52.222-22); and 3. Any Supplier representations to UC about U.S. Small Business Administration or state and local classifications, including but not limited to size standards, ownership, and control, are accurate and complete. 4. Byrd Anti-Lobbying. Supplier certifies 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. ARTICLE 12 – EQUAL OPPORTUNITY AFFIRMATIVE ACTION Supplier will abide by the requirements set forth in Executive Orders 11246 and 11375. Where applicable, Supplier will comply with 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), incorporated by reference with this statement: “This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.” With respect to activities occurring in the State of California, Supplier agrees to adhere to the California Fair Employment and Housing Act. Supplier will provide UC on request a breakdown of its labor force by groups as specified by UC, and will discuss with UC its policies and practices relating to its affirmative action programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that are segregated on a basis prohibited by federal law. Separate or single-user restrooms and necessary dressing or sleeping areas must be provided, however, to ensure privacy. ARTICLE 13 – LIENS Supplier agrees that upon UC’s request, Supplier will submit a sworn statement setting forth the work performed or material furnished by sub-suppliers and material men, and the amount due and to become due to each, and that before the final payment called for under the Agreement, will upon UC’s request submit to UC a complete set of vouchers showing what payments have been made for such work performed or material furnished. Supplier will promptly notify UC in writing, of any claims, demands, causes of action, liens or suits brought to its attention that arise out of the Agreement. UC will not make final payment until Supplier, if required, delivers to UC a complete release of all liens arising out of the Agreement, or receipts in full in lieu thereof, as UC may require, and if required in either case, an affidavit that as far as it has knowledge or information, the receipts include all the labor and materials for which a lien could be filed; but Supplier may, if any sub-supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to UC to indemnify it against any claim by lien or otherwise. If any lien or claim remains unsatisfied after all payments are made, Supplier will refund to UC all monies that UC may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees. Page 8 of 15 Revised 8/6/2019 Terms and Conditions of Purchase ARTICLE 14 – PREMISES WHERE SERVICES ARE PROVIDED A. Cleaning Up. Supplier will at all times keep UC premises where the Services are performed and adjoining premises free from accumulations of waste material or rubbish caused by its employees or work of any of its sub-suppliers, and, at the completion of the Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus materials, and will leave the premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Supplier and its sub-suppliers as to responsibility for the removal of the rubbish, or if it is not promptly removed, UC may remove the rubbish and charge the cost to Supplier. B. Environmental, Safety, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Goods and Services to protect the health and safety of UC employees and members of the public and to minimize danger from all hazards to life and property, and will comply with all applicable environmental protection, health, safety, and fire protection regulations and requirements (including reporting requirements). In the event that Supplier fails to comply with such regulations and requirements, UC may, without prejudice to any other legal or contractual rights of UC, issue an order stopping all or any part of the provision of the Goods and/or Services; thereafter a start order for resumption of providing the Goods and/or Services may be issued at UC’s discretion. Supplier will not be entitled to make a claim for extension of time or for compensation or damages by reason of or in connection with such stoppage. Supplier will have sole responsibility for the safety of all persons employed by Supplier and its sub-suppliers on UC premises, or any other person who enters upon UC premises for reasons relating to the Agreement. Supplier will at all times maintain good order among its employees and all other persons who come onto UC's premises at Supplier's request and will not engage any unfit or unskilled person to provide the Goods and/or Services. Supplier will confine its employees and all other persons who come onto UC's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of UC's premises where the Services are to be provided or to roads leading to and from such work sites, and to any other area which UC may permit Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent injuries to or the death of any of its employees or any other person who enters upon UC premises at Supplier’s request. Such measures and precautions will include, but will not be limited to, all safeguards and warnings necessary to protect workers and others against any conditions on the premises that could be dangerous and to prevent accidents of any kind whenever the Goods and/or Services are being provided in proximity to any moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by, Supplier, its sub-suppliers, UC or other persons. To the extent compliance is required, Supplier will comply with all relevant UC safety rules and regulations when on UC premises. C. Tobacco-free Campus. UC is a tobacco-free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all other tobacco products is prohibited on all UC owned or leased sites. ARTICLE 15 – LIABILITY FOR UC - FURNISHED PROPERTY Supplier assumes complete liability for any materials UC furnishes to Supplier in connection with the Agreement and Supplier agrees to pay for any UC materials Supplier damages or otherwise is not able to account for to UC's satisfaction. UC furnishing to Supplier any materials in connection with the Agreement will not, unless otherwise expressly provided in writing by UC, be construed to vest title thereto in Supplier. ARTICLE 16 – COOPERATION Supplier and its sub-suppliers, if any, will cooperate with UC and other suppliers and will so provide the Services that other cooperating suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work will be a finished and complete job of its kind. ARTICLE 17 – ADDITIONAL TERMS APPLICABLE TO THE FURNISHING OF GOODS The terms in this Article have special application to the furnishing of Goods: A. Price Decreases. Supplier agrees immediately to notify UC of any price decreases from its suppliers, and to pass through to UC any price decreases. B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the Agreement for UC's account will be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of lading will so note. C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the f.o.b. point shown, or as otherwise specified in the Agreement, subject to UC’s right to reject upon inspection. Page 9 of 15 Revised 8/6/2019 Terms and Conditions of Purchase D. Changes. Notwithstanding the terms in Article 34, Amendments, UC may make changes within the general scope of the Agreement in drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or packing of the Agreement by giving notice to Supplier and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of the Agreement, UC and Supplier will agree upon an equitable adjustment in the price and/or delivery terms. Supplier may not make changes without UC’s written approval. Any claim of Supplier for an adjustment under the Agreement must be made in writing within thirty (30) days from the date Supplier receives notice of such change unless UC waives this condition in writing. Nothing in the Agreement will excuse Supplier from proceeding with performance of the Agreement as changed hereunder. Supplier may not alter or misbrand, within the meaning of the applicable Federal and State laws, the Goods furnished. E. Forced, Convict and Indentured Labor. Supplier warrants that no foreign-made Goods furnished to UC pursuant to the Agreement will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If UC determines that Supplier knew or should have known that it was breaching this warranty, UC may, in addition to terminating the Agreement, remove Supplier from consideration for UC contracts for a period not to exceed one year. This warranty is in addition to any applicable warranties in Articles 6 and 11. F. Export Control. Supplier agrees to provide UC (the contact listed on the Purchase Order) with written notification that identifies the export-controlled Goods and such Goods’ export classification if any of the Goods is export-controlled under the International Traffic in Arms Regulations (ITAR) (22 CFR §§ 120-130), the Export Administration Regulations (15 CFR §§ 730-774) 500 or 600 series, or controlled on a military strategic goods list. Supplier agrees to provide UC (the contact listed on the Purchase Order) with written notification if Supplier will be providing information necessary for the operation, installation (including on-site installation), maintenance (checking), repair, overhaul, and refurbishing of the Goods that is beyond a standard user manual (i.e. ”Use” technology as defined under the EAR 15 CFR § 772.1), or “Technical Data” (as defined under the ITAR 22 CFR § 120.10). ARTICLE 18 – CONFLICT OF INTEREST Supplier affirms that, to the best of Supplier’s knowledge, no UC employee who has participated in UC’s decision-making concerning the Agreement has an “economic interest” in the Agreement or Supplier. A UC employee’s “economic interest” means: A. An investment worth $2,000 or more in Supplier or its affiliate; B. A position as director, officer, partner, trustee, employee or manager of Supplier or its affiliate; C. Receipt during the past 12 months of $500 in income or $440 in gifts from Supplier or its affiliate; or D. A personal financial benefit from the Agreement in the amount of $250 or more. In the event of a change in these economic interests, Supplier will provide written notice to UC within thirty (30) days after such change, noting such changes. Supplier will not be in a reporting relationship to a UC employee who is a near relative, nor will a near relative be in a decision making position with respect to Supplier. ARTICLE 19 – AUDIT REQUIREMENTS The Agreement, and any pertinent records involving transactions relating to this Agreement, is subject to the examination and audit of the Auditor General of the State of California or Comptroller General of the United States or designated Federal authority for a period of up to five (5) years after final payment under the Agreement. UC, and if the underlying grant, cooperative agreement or federal contract so provides, the other contracting Party or grantor (and if that be the United States or an instrumentality thereof, then the Comptroller General of the United States) will have access to and the right to examine Supplier’s pertinent books, documents, papers, and records involving transactions and work related to the Agreement until the expiration of five (5) years after final payment under the Agreement. The examination and audit will be confined to those matters connected with the performance of the Agreement, including the costs of administering the Agreement. ARTICLE 20 – PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF INSTITUTIONAL INFORMATION A. Prohibition on Access, Use and Disclosure of Institutional Information. Supplier will not access, use or disclose Institutional Information, other than to carry out the purposes for which UC disclosed the Institutional Information to Supplier, except as required by applicable law, or as otherwise authorized in writing by UC prior to Supplier’s disclosure. Supplier shall have the limited right to disclose Institutional Information to Supplier’s employees provided that: (i) Supplier shall disclose only such Institutional Information as is necessary for the Supplier to perform its obligations under this Agreement, and (ii) Supplier informs such employees of the obligations governing the access, use and disclosure of Institutional Information prior to Supplier’s disclosure. Supplier shall be liable Page 10 of 15 Revised 8/6/2019 Terms and Conditions of Purchase for any breach of this Agreement by its employees. For avoidance of doubt, this provision prohibits Supplier from using for its own benefit Institutional Information and any information derived therefrom. For the avoidance of doubt, the sale of Institutional Information is expressly prohibited. B. Compliance with Applicable Laws and Industry Best Practices. Supplier agrees to comply with all applicable state, federal, and foreign laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of Institutional Information. Supplier agrees to protect the privacy and security of Institutional Information according to all applicable laws and industry best practices, and no less rigorously than it protects its own information, but in no case less than reasonable care. C. Confidential Institutional Information. Supplier agrees to hold UC’s Confidential Institutional Information, and any information derived therefrom, in strict confidence. Confidential Institutional Information shall be defined as any Institutional Information which is (i) marked as “Confidential” at the time of disclosure; (ii) if disclosed orally, identified at the time of such oral disclosure as confidential, and reduced to writing as “Confidential” within thirty (30) days of such oral disclosure; and (iii) if not marked as “Confidential,” information that would be considered by a reasonable person in the relevant field to be confidential given its content and the circumstances of its disclosure. Confidential Information will not be considered confidential to the extent that: (i) Supplier can demonstrate by written records was known to Supplier prior to the effective date of the Agreement; (ii) is currently in, or in the future enters, the public domain other than through a breach of the Agreement or through other acts or omissions of Supplier; (iii) is obtained lawfully from a third party; or (iv) is disclosed under the California Public Records Act or legal process. For the avoidance of doubt, as applicable to Supplier’s Services, Confidential Institutional Information may include any information that identifies or is capable of identifying a specific individual, including but not limited to: 1. Personally identifiable information, 2. Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA regulations (including, but not limited to 45 C.F.R. § 160.103), 3. Medical information as defined by California Civil Code § 56.05, 4. Cardholder data, 5. Student records, or 6. Individual financial information that is subject to laws restricting the use and disclosure of such information, including but not limited to: a. Article 1, Section 1 of the California Constitution; the California Information Practices Act (Civil Code § 1798 et seq.); b. The federal Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801(b) and 6805(b)(2)); c. The federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g); d. The federal Fair and Accurate Credit Transactions Act (15 U.S.C. § 1601 et seq.); e. The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq), and f. Applicable international privacy laws, including, but not limited to the General Data Protection Regulation. D. Required Disclosures of Institutional Information. If Supplier is required by a court of competent jurisdiction or an administrative body to disclose Institutional Information, Supplier will notify UC in writing immediately upon receiving notice of such requirement and prior to any such disclosure (unless Supplier is prohibited by law from doing so), to give UC an opportunity to oppose or otherwise respond to such disclosure. To the extent Supplier still required to disclose Institutional Information, Supplier will furnish only that portion that is legally required and will exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be afforded to any Confidential Institutional Information. E. No Offshoring. Supplier’s transmission, transportation or storage of Institutional Information outside the United States, or access of Institutional Information from outside the United States, is prohibited except with prior written authorization by UC. F. Conflict in Terms. UC’s Appendix – Data Security, Appendix – BAA, and/or Appendix GDPR will control in the event that one or more appendices is incorporated into the Agreement and conflicts with the provisions of this Article. G. Acknowledgement. Supplier acknowledges that remedies at law would be inadequate to protect UC against any actual or threatened breach of this Section by Supplier, and, without prejudice to any other rights and remedies otherwise available to UC, Supplier agrees to the granting of injunctive relief in UC’s favor without proof of actual damages. ARTICLE 21 – UC WHISTLEBLOWER POLICY UC is committed to conducting its affairs in compliance with the law, and has established a process for reporting and investigating suspected improper governmental activities. Please visit http://www.ucop.edu/uc-whistleblower/ for more information. Page 11 of 15 Revised 8/6/2019 Terms and Conditions of Purchase ARTICLE 22 – SUSTAINABLE PROCUREMENT GUIDELINES Supplier will conduct business using environmentally, socially, and economically sustainable products and services (defined as products and services with a lesser or reduced effect on human health and the environment, and which generate benefits to the University as well as to society and the economy, while remaining within the carrying capacity of the environment), to the maximum possible extent consistent with the Agreement, and with the University of California Sustainable Practices Policy (https://policy.ucop.edu/doc/3100155) and the University of California Sustainable Procurement Guidelines: (https://www.ucop.edu/procurement-services/_files/sustainableprocurementguidelines.pdf). In accordance with the University of California Sustainable Practices Policy, Supplier will adhere to the following requirements and standards, as applicable. Supplier acknowledges that failure to comply with any of the sustainability standards and requirements in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation. A. Sustainability Marketing Standards. Supplier sustainability related claims, where applicable, must meet UC recognized certifications and standards set forth in the UC Sustainable Procurement Guidelines and/or meet the standards of Federal Trade Commission’s (FTC) Green Guides. B. Electronic Transfer of Supplier Information. Suppliers, when interacting with the UC, shall be prohibited from providing hard copies of presentations, marketing material, or other informational materials. Suppliers will be required to present all information in electronic format that is easily transferable to UC staff. Materials may be provided in hard copy or physical format if specifically required or requested by a UC representative. C. Packaging Requirements. All packaging must be compliant with the Toxics in Packaging Prevention Act (AB 455) and must meet all additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, UC requires that all packaging meet at least one of the criteria listed below: 1. Uses bulk packaging; 2. Uses reusable packaging (e.g. totes reused by delivery service for next delivery); 3. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product; 4. Maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines; 5. Uses locally recyclable or certified compostable material. D. Foodservice Foam Ban. As of 2018, the University no longer allows packaging foam or expanded polystyrene (EPS) for takeaway containers or other food service items, in any University-owned or -operated food service facility. E. Product Packaging Foam Ban. Beginning January 1st, 2020, the University will prohibit all contracted and non-contracted suppliers from selling or distributing packaging foam (other than that utilized for laboratory supply or medical packaging) to UC campuses. Packaging foam is defined as any open or closed cell, solidified, polymeric foam used for cushioning or packaging, including but not limited to: low-density polyethylene foam, polypropylene foam, polystyrene foam (i.e. expanded polystyrene (EPS)), polyurethane foam, polyethylene foam, polyvinyl chloride (PVC) foam, and microcellular foam. Not included in this ban are easily biodegradable, plant-based foams such as those derived from corn or mushrooms. F. E-Waste Recycling Requirements. All recyclers of UC electronic equipment must be e-Steward certified by the Basel Action Network (BAN). G. Hosted and Punch-out Catalog Requirements. Suppliers enabled with eProcurement hosted catalog functionality must clearly identify products with UC-recognized certifications, as defined by the UC Sustainable Procurement Guidelines, in both hosted and punch-out catalog e-procurement environments. ARTICLE 23 – PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) EMPLOYER SHARED RESPONSIBILITY If the Services involve Supplier furnishing UC with temporary or supplementary staffing, Supplier warrants that: A. If Supplier is an Applicable Large Employer (as defined under Treasury Regulation Section 54.4980H-1(a)(4)): 1. Supplier offers health coverage to its full-time employees who are performing Services for UC; 2. Supplier’s cost of enrolling such employees in Supplier’s health plan is factored into the fees for the Services; and 3. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to such full-time employees. Page 12 of 15 Revised 8/6/2019 Terms and Conditions of Purchase B. If Supplier is not an Applicable Large Employer (as defined above): 1. Supplier offers group health coverage to its full-time employees who are performing Services for UC and such coverage is considered Minimum Essential Coverage (as defined under Treasury Regulation Section 1-5000A-2) and is Affordable (as defined under Treasury Regulation Section 54.4980H-5(e)); or 2. Supplier’s full-time employees who are performing services for UC have individual coverage and such coverage satisfies the PPACA requirements for mandated individual coverage. Supplier acknowledges that UC is relying on these warranties to ensure UC’s compliance with the PPACA Employer Shared Responsibility provision. ARTICLE 24 - PREVAILING WAGES Unless UC notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will ensure that all sub-suppliers comply, with California prevailing wage provisions, including but not limited to those set forth in Labor Code sections 1770, 1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the Agreement, the term “sub-supplier” means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier to provide a portion of the Services. The term sub- supplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub-suppliers comply with Labor Code Section 1777.5. Supplier and sub-supplier may not provide the Services unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 and 1771.1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) for Services being performed at a UC Location (defined as any location owned or leased by UC). The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general prevailing per diem wage rates will be on file at each UC Location’s procurement office, and will be made available to any interested party upon request. Supplier will post at any job site: A. Notice of the general prevailing per diem wage rates, and B. Any other notices required by DIR rule or regulation. By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier will cause all subcontracts to include the provision that all sub-suppliers will pay not less than the prevailing rates to all workers employed by such sub- suppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by the DIR. Supplier will forfeit, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any portion of the Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant to California Labor Code section 1742. ARTICLE 25 – FAIR WAGE/FAIR WORK If the Agreement is for Services that will be performed at one or more UC Locations, does not solely involve furnishing Goods, and are not subject to extramural awards containing sponsor-mandated terms and conditions, Supplier warrants that it is in compliance with applicable federal, state and local working conditions requirements, including but not limited to those set forth in Articles 11, 12 and 14 herein, and that Supplier pays its employees performing the Services no less than the UC Fair Wage. Supplier agrees UC may conduct such UC Fair Wage/Fair Work interim compliance audits as UC reasonably requests, as determined in UC’s sole discretion. Supplier agrees to post UC Page 13 of 15 Revised 8/6/2019 Terms and Conditions of Purchase Fair Wage/Fair Work notices, in the form supplied by UC, in public areas (such as break rooms and lunch rooms) frequented by Supplier employees who perform Services. For Services rendered (actual spend) not subject to prevailing wage requirements in excess of $100,000 in a year (under the Agreement or any combination of agreements for the same service), Supplier will (i) at Supplier’s expense, provide an annual independent verification (https://www.ucop.edu/procurement-services/for-suppliers/fwfw-resources-suppliers.html) performed by a licensed public accounting firm (independent accountant) or the Supplier’s independent internal audit department (http://na.theiia.org/standards- guidance/topics/Pages/Independence-and-Objectivity.aspx) in compliance with UC’s required verification standards and procedures (https://www.ucop.edu/procurement-services/for-suppliers/fwfw-resources-suppliers.html), concerning Supplier’s compliance with this provision, and (ii) ensure that in the case of a UC interim audit, its independent accountant/independent internal auditor makes available to UC its UC Fair Wage/Fair Work work papers for the most recent verification period. Supplier agrees to provide UC with a UC Fair Wage/Fair Work verification annually, in a form acceptable to UC, no later than ninety days after the end of the 12-month period in which $100,000 in spend is reached. The Fair Wage Fair Work annual independent verification requirement does not extend to contracts for professional services or consulting for which pre-certification has been provided to UC (https://www.ucop.edu/procurement-services/for-suppliers/fwfw-resources- suppliers.html). Please see the UC Procurement/Supply Chain Management Policy BUS-43 (https://www.ucop.edu/procurement- services/policies-forms/business-and-finance/index.html) for the definition of professional services and consulting. ARTICLE 26 – MEDICAL DEVICES This Article applies when the Goods and/or Services involve UC purchasing or leasing one or more medical devices from Supplier, or when Supplier uses one or more medical devices in providing Goods and/or Services to UC. Medical Device as used herein will have the meaning provided by the U.S. Food and Drug Administration (“FDA”) and means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is: (i) recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them; (ii) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in humans or other animals, or (iii) intended to affect the structure or any function of the body of humans or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes. Supplier warrants that prior to UC’s purchase or lease of any Medical Device or Supplier’s use of any Medical Device in providing Goods and/or Services hereunder, Supplier will: (i) perform security testing and validation for each such Goods and/or Services or Medical Device, as applicable; (ii) perform security scans to detect malware on any software embedded within any Goods and/or Services or Medical Device, as applicable, in order to verify that the software does not contain any known malware; (iii) conduct a vulnerability scan encompassing all ports and fuzz testing; and (iv) provide UC with reports for (i) – (iii). Supplier warrants that any Good or Medical Device is compliant with FDA’s most current guidance or regulation for the quality system related to the cybersecurity and the Management of Cybersecurity in Medical Devices, and that Supplier will maintain compliance with any updates to such guidance or regulations. Throughout Supplier’s performance of this Agreement, Supplier will provide UC with reasonably up-to-date patches, firmware and security updates for any Medical Device provided to UC, and any other Medical Device used in the course of providing Services, as applicable. All such patches and other security updates will be made available to UC within thirty (30) days of its commercial release or as otherwise recommended by Supplier or Supplier’s sub-supplier, whichever is earlier. Supplier warrants that all software and installation media not specifically required for any Medical Device used by Supplier or Goods and/or Services delivered to UC under this Agreement as well as files, scripts, messaging services and data will be removed from all such Goods and/or Services or Medical Device following installation, and that all hardware ports and drivers not required for use or operation of such Goods and/or Services or Medical Device will be disabled at time of installation. In addition, Medical Devices must be configured so that only Supplier-approved applications will run on such Medical Devices. Page 14 of 15 Revised 8/6/2019 Terms and Conditions of Purchase Supplier agrees that UC may take any and all actions that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any real or potential security threat, and that no such action, to the extent such action does not compromise device certification, will impact, limit, reduce or negate Supplier’s warranties or any of Supplier’s other obligations hereunder. Supplier warrants that any Medical Device provided to UC, and any other Medical Device used in the course of providing such Goods and/or Services, meet and comply with all cyber-security guidance and similar standards promulgated by the FDA and any other applicable regulatory body. If the Goods and/or Services entail provision or use of a Medical Device, Supplier will provide UC with a completed Manufacturer Disclosure Statement for Medical Device Security (MDS2) form for each such Medical Device before UC is obligated to purchase or lease such Medical Device or prior to Supplier’s use of such device in its performance of Services. If Supplier provides an MDS2 form to UC concurrently with its provision of Goods and/or Services, UC will have a reasonable period of time to review such MDS2 form, and if the MDS2 form is unacceptable to UC, then UC in its sole discretion may return the Goods or terminate the Agreement with no further obligation to Supplier. ARTICLE 27 – FORCE MAJEURE Neither Party will be liable for delays due to causes beyond the Party’s control (including, but not restricted to, war, civil disturbances, earthquakes, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather). ARTICLE 28 – ASSIGNMENT AND SUBCONTRACTING Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without UC’s written consent. In case such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement. ARTICLE 29 – NO THIRD-PARTY RIGHTS Nothing in the Agreement, express or implied, is intended to make any person or entity that is not a signer to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law. ARTICLE 30 – OTHER APPLICABLE LAWS Any provision required to be included in a contract of this type by any applicable and valid federal, state or local law, ordinance, rule or regulations will be deemed to be incorporated herein. ARTICLE 31 – NOTICES A Party must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return receipt requested, to the other Party’s representative at the address specified by such Party. ARTICLE 32 – SEVERABILITY If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the legality, validity or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that remains legal, valid, or enforceable. ARTICLE 33 – WAIVER Waiver or non-enforcement by either Party of a provision of the Agreement will not constitute a waiver or non-enforcement of any other provision or of any subsequent breach of the same or similar provision. ARTICLE 34 – AMENDMENTS The Parties may make changes in the Goods and/or Services or otherwise amend the Agreement, but only by a writing signed by both Parties’ authorized representatives. In the event there is a Material Change to the Agreement, the parties agree to meet and confer in good faith in order to modify the terms of the Agreement. A Material Change as used herein refers to: Revised 7/12/2017 Page 1 of 7 ATTACHMENT A TO PURCHASING AGREEMENT # 2019.001563 STATEMENT OF WORK This Statement of Work # 1 (“SOW”) is issued pursuant to Purchasing Agreement # 2019.001563 dated October 1, 2019 between UC and Supplier (“Agreement”). 1. Title and Description of the Scope of Goods and/or Services Kone is to provide Maintenance Services to the University of California dependent on University of California’s service preferences, as well as any additional repair work, Modernization and/or New Equipment materials and/or installation. 2. Term of SOW This SOW will begin on _______, 20__ (“Effective Date”) and continue through September 30, 2024. This SOW may not be renewed or otherwise amended except through a Change Order pursuant to the Change Management section below. 3. Key Tasks and Activities, Deliverables and Completion Timeframe Supplier Obligations Task Activities Deliverables Completion Date or Timeframe 1 [General description] [Specific details using action verbs like “create”, “develop”, “test”, “analyze”, “evaluate”, etc.] [List each discrete tangible work product that is considered a critical end result from the Supplier; deliverables are nouns, not verbs] [Specific dates are best; can be stated as “Week 1”, “Week 2”, etc.] 2 3 4 5 Revised 7/12/17 Page 2 of 7 4. UC Obligations UC will provide access to buildings and allow services to be rendered under the outlined details in the Statement of Work. 5.Key Personnel Supplier’s Account Manager is listed below, is subject to UC approval, and has overall responsibility for managing the UC/Supplier relationship: Name Phone Email Address Subcontractors authorized to provide Goods and/or Services under this SOW [Buyer: Names should be listed only if Agreement permits use of subcontractors]: Name of Subcontractor Goods and/or Services the Subcontractor will provide Supplier’s Account Management Team is: Name Phone Email Address Name Phone Email Address Name Phone Email Address Name Phone Email Address Revised 7/12/17 Page 3 of 7 6. Reporting Requirements The Supplier shall maintain a complete electronic record (by elevator, escalator, chairlift and platform lift) of all emergency callback, replacement, and repair work performed. This information shall be consolidated by the Supplier into an electronic monthly report to the UC. This monthly report shall indicate the elevator, escalator, chairlift and platform lift number, date work was performed, type of work (callback, replacement or repair), brief description of the work performed. Supplier agrees to provide other reports as reasonably requested by UC during the Term of the Agreement and any extension(s) to the Term at no additional cost to UC. 7. Service Level Agreement During the Term of the Agreement, and any extension(s) of the Term, Supplier will provide the following minimum service standards: a) Services Response Time - 1 hour Request for reports -within 5 business days Invoice/billing accuracy -98% Customer service satisfaction -98% b) Performance Gurantee – If a unit is down more than fifteen (15) consecutive work days due to an unscheduled repair and it is down due to equipment related, non-misuse or controllable reason within Supplier control, Supplier will credit service maintenance billing for the period that the unit is down except for cases where the cause was a obsolete component. If a shutdown exceeds 3 days and Supplier cannot source a solution, UC may request to source a supplier or contractor that is approved to conduct the repair by UC. Supplier reserves the right to continue the repair using Supplier personnel and suppliers. If Supplier has a solution but the time to repair is longer and the repair leadtime is normal and customary for the work involved, Supplier will continue to proceed in a timely manner and complete the repair. The Owner may have the elevators' performance checked periodically to ensure the Supplier is performing in accordance with the terms and conditions of this Contract. If University determines that Supplier is not performing its obligations hereunder, then, in addition to all other rights and remedies reserved to Owner herein or at law or equity, including the right of cancellation. If services under contract are not rendered as required, a reasonable credit will be issued commensurate with that service. c) Performance Levels – a. Penalty for Up-Time and Entrapments The University intends to provide Supplier with Penalties in accordance with the schedule as shown below. b. Guaranteed Up-Time: Should the Average Availability of all inventory conveyances in operation fall more than 3% below the Guaranteed Up-Time of 98% during any Contract Year, Supplier shall pay UC a penalty subject to a 3% per annual contract value. If supplier maintains an uptime of 98% or greater, a bonus of 3% would be granted based on annual contract value. Penalty or Bonus is to be paid within 60 days following anniversary date. Penalty amounts for each full incremental percent will be calculated as follows (Note that amounts are not cumulative): Revised 7/12/17 Page 4 of 7 GURANTEED UP-TIME ANNUAL PENALTY ANNUAL BONUS < 95% Up-Time 3% < 96% Up-Time 2% < 97% Up-Time 1% >= 98% Up-Time 0% 3% All conveyance units are expected to be available 24 hours per day. • 28 days = 672 available hours • 29 days = 696 available hours • 30 days = 720 available hours • 31 days = 744 available hours • Operational hours /Available hours = Up-Time • 720 operational hours/720 available hours = 100% Up-Time 720 hours-12 hours of scheduled repair or scheduled down-time = 708 hours available with no Unscheduled Downtime. 708 operational hours/708 available hours = 100% Up-Time d) Guaranteed Up-Time: a. Example of Up-Time Minus Unscheduled Down-Time Using the same hours above, if there were 24 hours of unscheduled down-time to a conveyance unit due to unscheduled repair/maintenance, the operational hours would be reduced to 684 hours. Therefore, the operational hours divided by the available hours would be used to obtain the revised Up-Time. 708 hours - 24 hours (unscheduled maintenance/repair) = 684 (Operational Hours)/708 (Available Hours) = 97% 8. Pricing, Invoicing Method, and Settlement Method and Terms [Buyer: Pricing includes the contract amount (for instance, time and materials using an hourly rate; whether there is a not to exceed cap; and flat fee); and the payment schedule (what percentage must be paid at what times, including milestones)] Pricing is addressed below. The Invoicing Method, and Settlement Method and Terms are addressed in the applicable Agreement. As regards Invoicing Method, and Settlement Method and Terms, the terms of the applicable Agreement will take precedence over any conflicting terms in this Statement of Work. a) “Fixed Price Services” to be rendered under this SOW, including deliverables to be provided as part of Fixed Price Services, are described in this section as: b) “Time and Materials Services” to be rendered under this SOW, including deliverables to be provided as part of Time and Materials Services: c) The rates applicable to each person who will render Time and Materials Services are as follows: Revised 7/12/17 Page 5 of 7 Name and Title of Person Rendering Services Rate per Hour/Day Estimated No. of Days Extended Cost of Fees UC MRC Estimated Maximum Expenses (if any): n/a Estimated Maximum Cost: 9. Program Requirements Hours and Manner of Work. The maintenance work to be performed under these specifications shall be performed during the normal working hours of 8:00am to 4:30pm, Monday through Friday, UC or participant holidays excepted. The University shall be notified prior to the removal of elevators from normal service that requires the elevator to be out of service for more than 30 minutes. Elevator mechanics shall remain in contact with the respective Campus unit dispatcher while on campus. Should the elevator mechanic be required to leave the campus for any reason, the mechanic is to notify the appropriate University campus unit dispatcher at the time of his departure and return. Should a callback occur during other than normal working hours necessitating the payment by this Contractor of premium or overtime wages, this Contractor shall be responsible for the basic hourly rate paid, but the agency will, upon receipt of properly documented bills, pay the actual amount of the premium portion of the wage. Entrapment. Anytime an elevator is shut down with trapped passengers, Supplier shall guarantee 2 hours response time from the time the trouble call is received. In the event an elevator is shut down without trapped passengers, Supplier shall guarantee 4 hour response time from the time the trouble call is received between 8:00 a.m. and 4:30 p.m. Monday through Friday, and 6 hour response time at all other times. Removal of Vendor/Subcontractor Employees. In the event that University determines that an employee of vendor or a subcontractor hired by vendor is unqualified, unruly, or in any way endangering the project, vendor shall remove employee/subcontractor at the request of the University. This provision shall apply to all vendor personnel. Overtime. During the term of the Contract the Agency Representative may authorize the Supplier to use overtime in order to expedite major repairs. This authorization will be granted in those instances where the agency has made a determination that such action is in the overall best interest of the UC. When this authority is granted, the Supplier shall pay employees their usual overtime-hour rate, and UC will issue payment based on the difference between the normal work hours hourly rate and the overtime-hourly rate. Maintenance Service Records. The Supplier shall provide and keep current suitable electronic check charts for each elevator, escalator, chairlift and platform lift. Upon completion of maintenance, the Supplier is to furnish an electronic report including check charts and log of arrival and departure times of the Supplier’s Revised 7/12/17 Page 6 of 7 employees according the standard as set forth. The electronic log shall contain column lines for date entry and column lines for description/extent of work performed. The Supplier shall maintain an electronic log of all call back records. On a semi-annual basis, the Supplier shall submit an electronic copy to the user agency in the form of a line graph that show the trend in callbacks. Check-in Procedure. Supplier mechanic must check in prior to starting work, by phone or in person to primary contact whom requested services or those disgnated by the UC. UC will provide proper access to mechanic upon Check-in. Travel Charges. No travel charges are to be billed for scheduled maintenance. Fees will only apply to emergency or non scheduled services. Obsolescence. The Supplier is not financially obligated to make any changes or recommendations in the existing design, function or equipment in place at the time this Agreement is first effective. Furthermore, University acknowledges with the passage of time, equipment technology and designs may change and/or become obsolete or inefficient. Other than to provide a reasonable amount of preventive maintenance, Supplier shall not be financially obligated to service, upgrade, renovate, enhance or make repairs or replacements to equipment that is obsolete. Delivery Delays. Supplier will report any delivery delay whatsoever to the ordering Location, as well as its cause, within two (2) hours after Supplier is able to reasonably determine there will be a delay; the report will be provided to UC by telephone, e-mail, or facsimile. Supplier will keep UC fully informed and will take all reasonable action in eliminating the cause of delay. Credit. Requests for credit can be transmitted by the ordering UC personnel via the established order management system (telephone, fax, paper return form, and web-based). Chargebacks and credit memos will be issued to UC ordering departments in the current month’s billing period. Return items will be credited at cost. If Goods were purchased via UC purchasing card, credit must be issued to the same purchasing card. Parking. Supplier shall obtin all parking permits and/or decals that may be required while performing statement of work duties on University presmises or Participating Entity location(s). Surveys. Supplier will, at UC’s request, conduct customer surveys of UC orders through questionnaires. The content of these surveys will be approved by UC. UC will be responsible for the tabulation of these surveys. 10. Changes to the Services UC may desire to change the Goods and/or Services following execution of an SOW. If so, UC will submit a written Amendment to Supplier describing the changes in appropriate detail. If an Amendment does not require Supplier to incur any additional material costs or expenses, then Supplier will make the modification within ten (10) business days of Supplier’s receipt of UC’s Amendment. If an Amendment does require that Supplier incur additional material costs or expenses, then Supplier in good faith will provide UC with a written, high level, non-binding assessment of the costs and expenses and the time required to perform the modifications required by the Amendment, within ten (10) business days of Supplier’s receipt of UC’s Amendment. UC will notify Supplier in writing within ten (10) business days after receipt of Supplier’s response to the Amendment as to whether UC wishes Supplier to implement the Amendment based on the response. UC will compensate Supplier for implementation of an Amendment in accordance with the terms and conditions of the relevant Amendment and Supplier’s response to the Amendment, if any. Supplier’s implementation of an Amendment will not delay the performance of Services and/or the delivery of deliverables not reasonably affected by an Amendment. 11. No Mandatory Use Revised 7/12/17 Page 7 of 7 Because there is no mandatory use policy at UC, nothing in this Statement of Work will be construed to prevent UC from entering into similar agreements with any third parties including, without limitation, suppliers that may be in competition with Supplier. 12. Additional Terms [Buyer: If recording devices will be allowed, add the following: Supplier will use recording devices in discussions with UC employees only when UC and the employees so authorize; this authorization must be in writing. If applicable, Supplier's use of recording devices in such discussion is proposed as follows: (Insert terms)] Insurance Requirements [Buyer: insert terms, if needed or different from basic levels in T&Cs] This Statement of Work is signed below by the parties’ duly authorized representatives. THE REGENTS OF THE [SUPPLIER NAME] UNIVERSITY OF CALIFORNIA ________________________________ ____________________________________ (Signature) (Signature) ________________________________ ____________________________________ (Printed Name, Title) (Printed Name, Title) ________________________________ ____________________________________ (Date) (Date) University of California (UC) REQUEST FOR PROPOSAL# (000289-APR2018) RFP-ElevatorMaintenance- UCSystemWide-April2019 FOR Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair and related services. On behalf of the University of California and OMNIA Partners and other government agencies and non-profits Date Issued: 04/24/19 Responses Due: 06/03/19@ 3pm PST It is the Contractor’s responsibility to read the entire document, any addenda, and to comply with all requirements listed herein. Any addenda to this Request for Proposal will be directed to all participating Contractors. It is the Contractor’s responsibility to watch their e-mail for any addenda, notices, or changes to the RFP or process. Issued by: The Regents of the University of California Adrian Ferreira, Interim Associate Director Strategic Sourcing - Facilities & Maintenance University of California Office of the President 7835 Trade Street, San Diego, CA, 92121 \ 2 Proposal RFP-ElevatorMaintenance-UCSystemWide-April2019 ELEVATOR MAINTENANCE & REPAIR AND RELATED SERVICES RFP Number (000289-APR2018) RFP-ElevatorMaintenance-UCSystemWide- April2019 RFP Title ELEVATOR MAINTENANCE & REPAIR AND RELATED SERVICES RFP Start Date April 24, 2019 3:00 PM PST RFP End Date June 03, 2019 3:00 PM PST Question & Answer End Date May 27, 2019 3:00 PM PST RFP Contact Adrian Ferreira Interim Associate Director – Facilities & Maintenance University of California Office of the President Adrian.Ferreira@ucop.edu Vendor Web Conference May 03, 2019 2:00:00 PM PST Attendance is non-mandatory Location: NON-MANDATORY VENDOR WEB CONFERENCE VIA WEB CONFERECE USING ZOOM APPLICATION. Web Conference Meeting Link: https://UCOP.zoom.us/j/887466257 Dial In option US: +1 669 900 6833 Meeting ID: 887 466 257 Link and number are available during time of Vendor Conference. If an Offeror is unable to attend the pre-proposal conference, recording of presentation will be attached to CalUsource system upon completion. Campus Walkthrough Attendance is non-mandatory Starting week of April 29, 2019 (Northern California) Week of May 6, 2019 (Southern California) Refer to ATTACHMENT C – Campus Walkthrough Schedule 3 Table of Contents A. Purpose ........................................................................................................................ 4 B. Objective ...................................................................................................................... 4 C. Intent ............................................................................................................................ 5 D. National Contract for UC Contracts ........................................................................... 5 E. General ......................................................................................................................... 6 F. Equipment, Wiring and Circuit Changes ................................................................. 12 G. Maintenance Service ................................................................................................. 13 H. Maintenance Service Records .................................................................................. 14 I. Maintenance Responsibility ...................................................................................... 14 J. Work Hours ................................................................................................................ 15 K. Reporting Requirements ........................................................................................... 15 L. Spare Parts ................................................................................................................ 15 M. Overtime ..................................................................................................................... 16 N. Safety and Inspection ................................................................................................ 16 O. Firemen’s Recall Service .......................................................................................... 18 P. Drawing and Wiring Diagrams .................................................................................. 18 Q. Items of Preventative Maintenance Work ................................................................ 18 R. Scope of Services ...................................................................................................... 22 S. Background ................................................................................................................ 23 T. Inquiries ..................................................................................................................... 23 U. Contractor Web Conference (NON-MANDATORY) .................................................. 23 V. Campus Walkthrough Schedule (NON-MANDATORY) ............................................ 23 W. Minimum (general) criteria to be determined “Responsive” .................................. 24 X. Minimum (general) criteria to be determined “Responsible” ................................. 24 Y. Projected Timetable ................................................................................................... 24 Z. Employee Background Check ............................................................................................ 25 AA. Functional Requirements ................................................................................................... 25 BB. Elevator List of Equipment ................................................................................................. 25 CC. GENERAL REQUIREMENTS ............................................................................................... 26 DD. Contractor Personnel Requirements ................................................................................. 28 EE. Contractor Personnel Requirements ................................................................................. 29 Attachments Attachment A – Elevator Equipment List Attachment B – Campus Matrix Attachment C – Campus Walkthrough Schedule Attachment D – Elevator Component Evaluation Attachment E – Maintenance vs. Construction Exhibits Omnia Partners - Exhibit A – Response to National Cooperative Contract Omnia Partners - Exhibit B – Administration Agreement Omnia Partners - Exhibit C– Master Intergovernmental Cooperative Purchasing Agreement Omnia Partners - Exhibit D – Principal Procurement Agency Certificate Omnia Partners - Exhibit E – Contract Sales Reporting Template Omnia Partners - Exhibit F – Federal Funds Certification Form Omnia Partners - Exhibit G – New Jersey Compliance Form Omnia Partners - Exhibit H – OMNIA Partners Advertising Compliance Requirement List 4 Request for Proposals RFP Title: Elevator Maintenance and Repair and Related Services Introduction/Overview A. Purpose The University of California (“UC”) is requesting proposals from qualified firms for the purchase of the following products and services in the 3 modules below: 1. MODULE 1: Elevator Maintenance & Related Services i. Capability to provide service to the following conveyances, but not limited to, elevator, escalator, chairlift and platform lift. ii. Capability to provide as needed to full service based on varied needs by each UC Campus location. iii. Ensures consistent performance standards are applied throughout UC. iv. Reduces elevator, escalator, chairlift and platform lift response time and repair turn-over. v. Standardizes elevator, escalator, chairlift and platform lift maintenance procedures, processes and reporting. vi. Assists UC in establishing prioritization schedules for repair and maintenance. vii. Maintenance, service, repair and replacement of materials and equipment in elevator, escalator, chairlift and platform lifts of a similar manufacturer and control system as those covered by this contract. viii. Capability to modernize existing elevator conveyances. 2. MODULE 2: Non-Proprietary Controls Manufacture i. Elevator control system shall be non-proprietary ii. Elevator control system shall not require any external Proprietary service tool iii. Elevator control system shall be serviceable and maintainable by any qualified elevator maintenance provider capable of maintaining apparatus of similar design and complexity 3. MODULE 3: Conveyance Audit Services i. Capability to evaluate, elevator maintenance audit to a maintenance condition assessment, a performance and equipment evaluation, survey, or even a preventative service audit, elevator state, or asset management review. B. Objective 1. Provide a comprehensive competitively solicited Master Agreement offering products and services to UC and Participating Public Agencies 2. Establish a Master Agreement with a Five (5) year contract(s) with options for Five (5) one-year extensions for the selected Contractor(s). 3. Achieve cost savings for Contractors and Participating Public Agencies through a competitive solicitation process that eliminates the need for multiple proposals. 5 4. Provide Participating Public Agencies with environmentally responsible products and services. 5. The goal of the RFP is to establish a national contract(s). If Contractors are unable to propose a national program due to conflicts with legal obligations or coverage area, Contractor may indicate so and propose a regional or direct solution. UC will evaluate responses in their entirety and determine award based on the most advantageous. C. Intent 1. Respondent(s) shall have a strong national presence for Conveyance maintenance/repair goods and services, or non-proprietary controls manufacture, or conveyance audit services for use by UC and various public entities nationwide. 2. Respondent(s) are required to answer general question and also ONLY respond to one (1) module. Intent is to have at minimum 3 awards (1 per module). i. The following categories are required to be completed by all and considered general questions: 1. Company Profile 2. National Program 3. Sustainability 4. Value Add 3. UC is seeking qualified candidates with the capability to provide services to all 10 UC campus locations at minimum, with potential capability to have national representation. 4. UC reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves UC best interest. D. National Contract for UC Contracts The University of California, as the Principal Procurement Agency, defined in Exhibit A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The UC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Exhibits A through H contain additional information about OMNIA Partners and the cooperative purchasing agreement. OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded 6 cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. As a channel partner with Vizient (formally, Novation), OMNIA Partners leverages over $100 billion in annual supply spend to command the best prices for products and services. With corporate, pricing and sales commitments from the Contractor, OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Contractor benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Contractor’s need to respond to additional competitive solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents Exhibit A, B, F, and G. The UC, as the Principal Procurement Agency, has partnered with the OMNIA Partners (herein OMNIA) to make the resultant contract from this solicitation available to qualified Participating Public Agencies nationwide. OMNIA provides marketing and administrative support for the Supplier (herein also referred to as Contractor or Consultant) that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to public agencies on a national basis. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier as stated in Exhibit A. Estimated Volume The UC anticipates spending approximately $8 million annually on as needed and full-service elevator, escalator, chairlift and platform lift, maintenance program. The overall dollar volume of supplies purchased under the contract is estimated to be $80 million annually. While no minimum volume is guaranteed, the estimated annual volume is projected based on the current annual volumes among the UC, other government agencies that intend to utilize the resulting contract to be made available to them through OMNIA Partners, and volume growth into other agencies through a coordinated marketing approach between the Contractor and OMNIA Partners. As outlined in Exhibit A, the awarded supplier(s) are required to pay an administrative fee. E. General All Suppliers are required to complete the following four (4) Questionnaire sections in the CalUsource solicitation tool in the RFP event. All Offeror(s) are required to complete the Questionnaire section outlined below and ONLY one (1) module. 7 1. Questionnaire: a. Company Profile b. Sustainability c. National Program d. Value Add MODULE 1: Elevator Maintenance & Related Services - The evaluation of an elevator, escalator, chairlift and platform lift maintenance program shall be evaluated in terms of a Full-Service Maintenance to include a Preventative Maintenance Program. Offerors will be required to propose on a Full-Service Maintenance Program to encompass Preventative Maintenance. The Offeror(s) responding to MODULE 1 must complete the three (3) Price Sheets in solicitation named: Hourly Rates by Campus Location, Monthly/Annual Rates, and Material Discount/Rate. • Elevator Modernization: o Scope is defined as “Partial In-Kind Replacement” as outlined in Attachment D – Elevator Component Evaluation. o Modernization Restrictions: No new construction Components <50% of the replacement cost of the system Purchase within the minor cap limit of $750K. UC Construction or Maintenance is defined in Attachment E – Maintenance or Construction. MODULE 2: Non-Proprietary Controls Manufacture – Objective is to find qualified manufactures with the capability to supply non-proprietary controls to UC and also have capability to delivery products and provide support nationally. The Offeror(s) responding to MODULE 2 must complete all questions in Module 2 Questionnaire. MODULE 3: Conveyance Audit Services – Seeking a qualified firm to conduct varied types of Audits associated to conveyances. The Offeror(s) responding to MODULE 3 must complete all questions in Module 3 Questionnaire. Upon award each UC campus location will provide awardee(s) with detailed scope and services needed. Please note each UC campus location manages services differently. In some of the locations Elevator Maintenance Services is managed by in-house staff, while others contract all services out. The information below will be used for evaluation purposes: Full Service and Preventative Maintenance for Attachment A – Elevator Equipment List. 8 FULL SERVICE ELEVATOR, ESCALATOR, CHAIRLIFT AND PLATFORM LIFT MAINTENANCE AND REPAIR PROGRAM REQUIREMENTS The intent of the Full Service Elevator, escalator, chairlift and platform lift, maintenance program is for the Contractor to assume all responsibility associated with the elevator, escalator, chairlift and platform lift, equipment and associated parts as specified herein, with the exception of those stated items that have been excluded as referenced in this RFP. The work to be performed by the elevator, escalator, chairlift and platform lift Contractor under the specifications shall consist of furnishing all material, labor, supervision, tools, supplies, and other expenses necessary to provide full service maintenance, and repairs of every description, including inspections, adjustments, test and replacement of parts as herein specified for all equipment covered under this RFP. The work to be performed by the elevator, escalator, chairlift and platform lift Contractor under the specifications shall consist of furnishing all material, labor, supervision, tools, supplies, and other expenses necessary to provide full service and preventative maintenance services, and repairs of every description, including inspections, adjustments, test and replacement of parts as herein specified for all equipment covered under this RFP, as listed. The Contractor shall systematically examine, adjust, lubricate, clean and when conditions warrant, repair or replace the following items and components thereof and all other mechanical or electrical equipment, including, but not necessarily limited to the following: ELEVATORS: • Entire machine, include housing, drive sheave, drive sheave shaft bearings, brake and assembly and component parts. • Hoist motor and motor generator including auxiliary rotating systems, motor windings, rotating elements, commentators and bearings, field windings. • All sheaves. • Controller: All components including all relays, contracts, solid state component resistors, condensers, transformers, contacts, leads, mechanical or electrical timing devices, computer devices. • Selector: All components including selector drive tape, wire or cable, hoist way vanes, magnets, inductors and all other mechanical and electrical drive components. • Motor, and motor generators brush and brush holders. • Hoistway door interlocks or locks and contacts: hoistway door hangers and tracks, bottom door jibs, cams, rollers, and auxiliary door closing devices for power-operated doors. Chains, tracks, cams, interlocks, sheaves for vertical bi- parting doors. All thrust rollers, (Eccentrics) broken arm closer assembly, retiring arm assemblies complete. 9 • Hoistway limit switches, slowdown switches, leveling switches and associated cams and vanes. • Guide shoes including rollers or jib type assemblies complete. • Automatic power operated door operators, door protective devices, car hangers, tracks and car door contacts for both side slide and vertical bi-parting doors, photo eyes. • Traveling cables. • Elevator control wiring in hoist way and machine room. • Governor including governor sheave and shaft assembly bearings, contact jaw and governor tension assemblies. • Car and counterweight safety mechanism and load weighting equipment. • Hoist cables, governor cables, compensating cables and compensating chains, including the adjustment and shorting of same as required by Code. • Buffers, oil or spring type. • Fixture contacts, push buttons, key switches and locks and lamps and sockets of button stations (car and hall), hall lanterns, position indicators (car and hall), direction indicators. • The Contractor shall keep the guide rails free of rust where roller guides are used and properly lubricated when sliding guides are used. Renew guide shoe rollers and jibs as required to insure smooth and satisfactory operation. • The Contractor shall also examine and make necessary adjustment or repair to the following accessory equipment including revamping of signal equipment: hall lanterns car and corridor position indicators, car stations, traffic direction station, electric door operators, intercom system, interlocks, door hangers, safety edges, LED. • All replacement parts shall be new and specifically designed for the elevator on which they are to be used. • The Contractor shall furnish and use lubricants as recommended by the manufacturer of the equipment or approved equal. • The Contractor shall be responsible for keeping the exterior of the elevator, machinery and other parts of the equipment subject to rust, painted with heat resistant enamel and presentable at all times. The motor windings shall be treated as needed with proper insulating compound as recommended by the motor manufacturer. Cleaning and re-finishing of the interior of the cars and exterior of hoist way door frames are excluded from this contract. • The Contractor shall maintain all elevator equipment in hoistways, pits, machine rooms, and assigned elevator. Contractor work space in a clean, orderly 10 condition, free of dirt, dust and debris; pits and machine spaces shall be kept dry and clean. ESCALATORS: • The Contractor shall regularly and systematically examine, adjust, lubricate, clean internal truss structures (as required), maintain all accessory equipment, and if conditions warrant, repair or repelace the following escalator components: escalator power unit, controller parts, electrical switches, wiring, bearing, governors and brakes, step and chain wheels, chains and sprockets, steps and step treads, comb plates, safety device handrails. CHAIRLIFTS AND PLATFORM LIFTS: • The Contractor shall peform regular inspections to address the following: ride access by passengers, maintenance and operational staff; safety during the ride; fundamental mechanical and electrical safety; fire safety; noise. • The Contractor shall perform the following inspection activities: commissioning inspection including load test runs; formal pre-season inspection; daily and periodic maintenance inpsections; annual inspection; periodic major inspection of critical components; designer and manufacturer stipulated inspections; ancillary equipment inspections. • The Contractor shall inspect the platform and control panel, lock bolts for tightness, the foot switch for proper operation, switches which should be in neutral, signs and labels and instructions for legibibility, safety latches, toe boards, railings and guards to ensure they are in good condition and working properly. • The Contractor shall inspect, and when conditions warrant, replace the following for the boom or lift: a. the jib and main boom assembly or scissors lift to ensure pins and pivot points are in good condition, properly attached and locked, and show no signs of bending, pinching or wearing b. lubrication points for signs of lubrication; dry or dirty lube fittings might mean the lube points have not been used c. the control valves for leaks, loose hoses, frayed wires or damaged insulation, making sure support brackets are in place and tight. • The Contractor shall inspect, and when conditions warrant, replace the following for the frame: a. the four-wheel assemblies for tire condition and proper inflation b. the drive hub and brakes for signs of brake fluid leakage, caked dirt, lack of lubrication and missing or loose lug nuts, and any fluids used or removed by Contractor will be disposed or removed properly by Contractor. 11 c. the steering cylinders, tie rods and steering linkage for wear and proper fluid levels and lubrication. • The Contractor shall inspect, and when conditions warrant, replace the following for the turntable: a. drive-train components — pump, drive motor, brake and control valve, connecting hydraulic hose, and fittings — for signs of hydraulic-fluid leaks visible at connections b. pumps or control valves for low pressure under loads caused by wear c. pressure plates for cracks due to overloading; signs of cracks should trigger a more detailed inspection of all lift components for signs of strain, such as leaks, bent or scored mechanical linkages or cable fatigue. d. turntable drive and support bolts e. turntable bearing and gear mechanism for proper lubrication and smooth rotation; hesitation might indicate bearing wear or damage. • The Contractor shall inspect, and when conditions warrant, replace the following electrical components: a. engine filter b. battery-fluid level c. oil level d. muffler and exhaust system for leaks or loose brackets e. hydraulic pump, medium-pressure filter housing and swivel for leakage or damage f. horizontal cutoff limit switch to make sure it is free of dirt and the arm is straight, clean, and free to move, if applicable g. hoses and wires to look for leaks, wear or damage h. doors and latches for lubrication and proper operation. • The Contractor shall inspect, and when conditions warrant, replace the following accessories: a. manual descent for wear or damage indicated by leakage, dents or scoring of the cylinder b. return filters for obstructions or leaks c. LP gas tank, if appropriate, to ensure it is well anchored and all clamps and bolts are tight 12 d. hydraulic fluid level in the reservoir by removing the cap, checking the oil level and replacing the cap e. magnetic plug, if appropriate, to check for iron filings indicating metal scoring is occurring in the system; checks should be done when the system is shut down, lowered for storage, and the oil is cold. f. ground-control switches to ensure all operational labels and warning signs are legible. GENERAL • The Contractor shall not be responsible (unless directed by UC in which costs shall be incurred by the User Agency) for upgrading the equipment to meet changes in code requirements as may be recommended and/or directed by insurance companies, Federal, State, Municipal or other Governmental authorities. Should a full replacement of an elevator, escalator, chair lift and/or platform lift be required, Purchasing may facilitate a RFP process. The successful Proposer may be responsible for the maintenace of the elevator, esclator, chair lift and/or platform list and its associated equipment and parts in accordance with the manufacturer’s warranty (typically one (1) year). At the conclusion of the warranty period, in accordance to the contents of this RFP, the full service maintenance contractor shall resume all maintenance activities associated with the maintaining the replaced elevator, escalator, chair lift and/or platform lift. • The Contractor shall be responsible for giving immediate notice to the designated Agency Representative of any condition, which he discovers, that may present a hazard to either the equipment or passengers. • The Contractor shall not be required by this agreement, except as herein noted, to make renewals or repairs necessitated by proven negligence or misuse of the equipment by persons other than the Contractor, his representatives and employees, or by reason of any other proven cause except for normal wear and tear, beyond the control of the Contractor. Examples of these are the following: Refinishing, repairing or replacing car enclosures, hoistway, enclosure, hoistway door panels, frames, and sills, and all power supply panels and feeders. Cost of repairs, replacements or removal necessitated by any cause, other than ordinary wear, which is occasioned by negligence shall be determined by General Services and the Agency Representative. Any repairs that are not the Contractor’s responsibility will be paid at the labor rates on the Proposal Form. All material required for the above mentioned repairs will be paid on either a time and material or not-to exceed basis as defined in the Offeror’s proposal. The Contractor will be paid only for repairs actually required. F. Equipment, Wiring and Circuit Changes 13 The Contractor shall not make any changes or alterations to the existing mechanical equipment, circuit wiring or sequencing, nor alter the original circuit or wiring design of the elevator, escalator, chairlift and platform lifts unless changes are authorized, in writing, by the agency designated representative for approval. This submission shall include neatly prepared drawings and wiring diagrams as well as a complete description of the proposed change. Prior to submitting the proposed change to the agency, the Contractor shall, at its own cost and expense, have obtained comments from the original equipment manufacturer concerning the overall effect of such changes on the system. If changes are made, Contractor shall provide as-built drawings of modifications. G. Maintenance Service Maintenance under this contract shall provide a constant, high quality service to properly protect all elevator, escalator, chairlift and platform lift, escalator, chairlift and platform lift equipment from deterioration and to provide constant peak performance of all elevator, escalator, chairlift and platform lifts, escalators, chairlifts and platform lifts, resulting in a minimum of down time for any portion of the system. Not more than one elevator, escalator, chairlift and platform lift per facility shall be out of service at one time for regular maintenance lubrication and servicing. The time of day that each elevator, escalator, chairlift and platform lift can be shut down for routine maintenance shall be scheduled with the designated Agency Representative to minimize the disruption caused by the elevator, escalator, chairlift and platform lifts being out of service. If for any reason an elevator, escalator, chairlift and platform lift should be out of service for more than two (2) hours, the Contractor shall notify the Agency Representative when the elevator, escalator, chairlift and platform lift was taken out of service, the reason why and what time the elevator, escalator, chairlift and platform lift is expected to be put back in service for proper and safe operation. The following schedule will be considered maximum shut down times allowed (times below can be modified by individual UC or Participating Entity): 1. Major Repairs (include but not necessarily limited to the following); • Cable-hoist, governor, compensating and tail ropes. Completion of the work should be within four (4) working days after replacement cables are received. • Brake Coils and motor field coils – five (5) working days. • Rewind motor or MG ser armature – eight (8) working days. • Turn down and undercut machine commutator – three (3) working days. • Governor repair – two (2) working days. • Replace motor bearings- four (4) working days. 2. Minor Repairs (include but not necessarily limited to the following): Completion within twenty-four (24) hours • Replace relay coils. • Replace relays. • Replays door interlocks. 14 • Replace door jibs. • Door operator repairs. • Repair selector drive tape. 3. Minor Repairs (include but not necessarily limited to the following): Completion within two (2) working days • Replace door operator motor. • Replace selector drives motor. • Replace brake linings. • When an elevator, escalator, chairlift and platform lift is shut down, a laminated sign shall be placed at each opening (where applicable) stating: “This elevator, escalator, chairlift and platform lift is being serviced. Please use Elevator, escalator, chairlift and platform lift No.___”. A record shall be maintained by the Contractor of non-emergency maintenance items in need of correction which come to his attention, and he shall provide this list to the designated Agency Representative for necessary corrective action during the Contractor’s routine visits. H. Maintenance Service Records The Contractor shall provide and keep current suitable electronic check charts for each elevator, escalator, chairlift and platform lift. Upon completion of maintenance, the Contractor is to furnish an electronic report including check charts and log of arrival and departure times of the Contractor’s employees according the standard as set forth. The electronic log shall contain column lines for date entry and column lines for description/extent of work performed. The Contractor shall maintain an electronic log of all call back records. On a semi- annual basis, the Contractor shall submit an electronic copy to the user agency in the form of a line graph that show the trend in callbacks. I. Maintenance Responsibility The Contractor shall keep the elevator, escalator, chairlift and platform lift maintained to operate at the original contract speed, keeping the original performance time, including acceleration and retardation as designed and installed by the manufacturer. The door operation shall be adjusted as required to maintain optimum door opening and door closing times, within legal limits. General Services and the User Agency Representative reserves the right to make inspections and tests when deemed advisable. If it is found that the elevator, escalator, chairlift and platform lifts and associated equipment are deficient either electrically or mechanically, the Contractor will be notified of these deficiencies in writing, and, if no life threatening situation exists, it shall be his responsibility to make the necessary corrections within thirty (30) days after his receipt of such notice. In the event of a life-threatening situation, the Contractor must make the necessary repairs immediately. In the event that the deficiencies have not been corrected within thirty (30) days, or immediately as the case may be, the user Agency may terminate and employ a contractor to make the corrections at the original Offeror’s expense. 15 During any contract year a company designated by the User Agency or his representative will perform maintenance and safety inspections. The maintenance contractor shall accompany this inspector for both inspections of all elevator, escalator, chairlift and platform lifts covered under this contract. At the conclusion of this inspection, the user Agency Representative shall give the contractor written notice via an electronic document of any deficiencies found. The Contractor shall be responsible for the correction of these deficiencies in accordance with the above paragraph. J. Work Hours The maintenance work to be performed under these specifications shall be performed during the normal working hours of 6:00am to 6:00pm, Monday through Friday, UC or participant holidays excepted. Offeror shall submit with its response, and update annually, together with supporting documentation, a statement of the hourly rates paid to its technicians/mechanics for “normal hours” work, which term shall mean the hours stated. The Contractor shall also state what constitutes “time and one-half” as opposed to double time. The Contractor shall provide emergency call back service for all elevator, escalator, chairlift and platform lifts under which the Contractor agrees to have an electronic workman report to the site of the emergency within time proposed in Price Sheet – Hourly Rates by Campus Location for such service by telephone or otherwise from the Agency Representative. This emergency callback service shall be limited to minor adjustments or repairs to provide uninterrupted elevator, escalator, chairlift and platform lift services. Emergency callback service shall be performed as part of this Contract without additional charge, during normal hours. The Contractor shall provide names and telephone numbers of the persons to be contacted. Should a callback occur during other than normal working hours necessitating the payment by this Contractor of premium or overtime wages, this Contractor shall be responsible for the basic hourly rate paid, but the agency will, upon receipt of properly documented bills, pay the actual amount of the premium portion of the wage. K. Reporting Requirements The Contractor shall maintain a complete electronic record (by elevator, escalator, chairlift and platform lift) of all emergency callback, replacement, and repair work performed. This information shall be consolidated by the Contractor into an electronic monthly report to the Agency Representative. This monthly report shall indicate the elevator, escalator, chairlift and platform lift number, date work was performed, type of work (callback, replacement or repair), brief description of the work performed, man-hours expended and materials used. L. Spare Parts In addition to the minor spare parts specified, the Contractor shall have available at all times, for immediate delivery and installation, sufficient supply of the following emergency spare parts for the repair of each elevator, escalator, chairlift and platform lift system concerned. The inventory shall include, but not necessarily be limited to the following: • Lamps, minimum two each type. 16 • Door operator motors and gear reduction units, for both sides slide and vertical bi-parting doors. • Transformers and rectifiers for each type and size used. • Relays and switches, minimum one of each type. • Controller and selector motor (when used), leveling switches, magnets and inductors. • Selector tapes and selector motor (when used), leveling switches, magnets and inductors. • Door interlocks. • Car door safety edges complete each type. • Car door photoelectric safety device. • Car door electric door detectors complete to include preamplifiers and power pack. • Hang rollers for both car and hall doors. • Limit switches and terminal stopping switches. • Roller guides for car. • Electronic tubes for each type and size used. • Flexible guide shoe jibs. • Torque wrenches and other small tools. The Contractor shall provide at the building a spare parts metal storage cabinet and metal containers for storage of waste and other flammable materials. M. Overtime During the term of the Contract the Agency Representative may authorize the Contractor to use overtime in order to expedite major repairs. This authorization will be granted in those instances where the agency has made a determination that such action is in the overall best interest of the UC. When this authority is granted, the Contractor shall pay employees their usual overtime-hour rate, and UC will issue payment based on the difference between the normal work hours hourly rate and the overtime-hourly rate. N. Safety and Inspection All service and repair work shall be performed in compliance with the American Society of Mechanical Engineers Code ASME A17.1-1193, or most current version, and shall be subject to safety inspection by the Agency Representative. Periodic inspection of the elevator, escalator, chairlift and platform lifts as required by the ASME A17.1 Code should provide personnel who are familiar with the equipment to perform the test. The Contractor shall periodically examine and test all safety devices. He shall make formal safety tests and inspections as required and outlined in the ASME A17.1 Code. The tests shall be conducted in the presence of the elevator, escalator, chairlift and platform lift inspector designated by the State of California. Tests shall be performed at intervals specified in the ASME Code. It will be the responsibility of the Contractor to 17 determine when these tests are due. After completion of the required safety tests, the Contractor must submit electronically a document to the Agency Representative indicating at least the following information. The document may be the Contractor’s standard form or the ASME Standard Form: • Type of test. • Name of organization performing the test. • Address of the facility being tested. • Elevator, escalator, chairlift and platform lift identification number. • Capacity. • Speed. • Type of Elevator, escalator, chairlift and platform lift. • Type of Machine. • Indication that governor has been checked for proper tripping speed and that the over speed switch is functional. • Type, size and condition of governor type before and after test. • Load at which safety was tested. • Speed at which governor tripped. • Length of marks on each guide rail made by safety laws. • Number of turns remaining on drum. • Did car or counterweight set level? • Did governor set satisfactorily? • Was governor calibrated? At what speed? • Was safety test satisfactory? • At what speed and load were buffers tested? • Was oil level satisfactory after test? • Indicate plunger compression return time. • Indicate date test was made. • Signature of individual performing tests. • Any additional remarks that are applicable. • Name of the State of California and/or UC representative witnessing the test. After tests have been performed, all safety devices shall be checked and adjusted as required to meet manufacturer’s recommendations. Elevators, escalators, chairlifts and platform lifts shall not be placed in service until all tests, checks and adjustments are complete and elevator, escalator, chairlift and platform lifts are in proper working condition. The Contractor shall not be held responsible for any damage to the building and equipment caused by the test, unless such damage is a result of negligience. Failure to follow correct procedures to prevent damage and 18 failure to perform pretest examinations shall be considered negligence by the Contractor. O. Firemen’s Recall Service The following ASME Code A17.2-93 Rule 1260.7 tests must be made monthly: Phase 1 – EMERGENCY RECALL OPERATION: Initiated by inserting key in key switch lobby or designated level. Turn key to “ON” position. Wait for all elevators to return to that floor and their doors to full open. If test is for Phase I only, turn key to “OFF” position and remove. Phase 2 – EMERGENCY IN CAR OPERATION: Remove key from designated level key switch while still in the “ON” position. Insert key into key switch of the first elevator. Turn to “ON” position. Push next floors car button. Push “Door Open” button and hold until doors are fully opened. To return to designated level, push corresponding button number. Push “Door Close” button and hold until doors are fully closed. Return key to the “OFF” postion, remove key, and repeat for next elevator. CLEAR: to clear firemans’ recall test, insert key into designated level key switch. Turn to “OFF” position and remove key. P. Drawing and Wiring Diagrams The Contractor shall be solely responsible to determine which technical materials are required and to inform the agency thereof. The agency shall make available to the Contractor any and all such technical materials already at its disposal and all Offerors may examine it an any reasonable time before RFP opening upon making arrangements with the agency. Such examination by Offerors shall take place at the job site only. It is the Offeror’s sole responsibility to determine the accuracy and completeness of any and all such technical materials made available for such examination by the agency since the agency does not warrant and accepts no responsibility for the accuracy and completeness of any and all such technical materials or their lack thereof. The Contractor shall be required to advise the agency of the need for any such materials and the Contractor shall be required to procure any such needed materials which are not otherwise available at its sole cost and expense. At the expiration of the contract, covering each and all related equipment covered by such contract, all such technical materials shall faithfully represent the then current “as modified” condition of all UC’s equipment which is covered by such contractor. Any and all drawings and wiring diagrams furnished to the Contractor by UC or a non-UC agency or drawings and wiring diagrams prepared by the Contractor for work under the Contract shall be considered the property of UC and shall be accessible to the Agency Representative at all times, and be turned over to them when requested. The user agency reserves the right to withhold payment if these drawings and wiring diagrams are not released to them upon demand. Q. Items of Preventative Maintenance Work The preventative maintenance specified herein is considered the minimum, but can be modified in writing by each UC Campus Location or Participating Entity, for all equipment. If specific equipment covered by this Contract requires additional 19 preventative maintenance for safe, reliable operation, as specified by the manufacturer, the Contractor shall perform the required additional preventative maintenance without added cost to UC or participating agency. Weekly • Perform general inspection of machinery, sheaves, worm an gear motor, brake, selector of floor controllers (when used). Lubricate as required. • Empty drip pans, discard oil in an approved manner and check reservoir oil level. • Observe brake operation and adjust or repair if required. • Inspect and lubricate machinery, contacts, linkage and gearing. • Clean and inspect brushes and commutator, perform needed repairs. • Clean and inspect controllers, selectors, relays, connectors, contacts, etc. • Ride car and observe operation of doors, leveling, re-opening devices, push buttons, lights, etc. • If rails are lubricated, check conditions and lubrication Service lubricators. • Replace all burned out lamps in elevator, escalator, chairlift and platform lift cars, machine room, pit, hall lanterns, etc. • Remove litter, dust, oil, etc. from all machine room equipment. • Clean trash from pit and empty drip pans. • Check condition of car switchhandle, replace emergency release glass if required. • Check governor and tape tension sheave lubrication. Replacements for burned out lamps in all lanterns, push buttons, car and corridor position indicators, director stations, “this car up” signs and other signal fixtures shall be supplied and installed by the Contractor. Replacement for burned out lamps in elevator cars, machine rooms and pits shall be supplied by the facility and installed by the Contractor. Monthly • Observe operation of elevator, escalator, chairlift and platform lift throughout its full range of all floors it serves to test controls, safety devices, leveling, relieving and other devices. • Check door operation, clean, lubricate and adjust brakes, checks linkages, gears, wiring motors, check keys, set screw, contacts, chains, cams and door closer. • Check selector. Clean, adjust and lubricate brushes, dashpots, traveling cables, chain, pawl magnets, wiring, contracts, relays, tape drive and broken tape switch. • Check car. Clean, adjust and lubricate car door and gate tracks, pivots, hangers, car grill, side and top exits. 20 • Inspect interior of cab. Test telephone or intercommunication system, normal and emergency lights, fan, emergency call system or alarm, car station. Make needed repairs. • Visually inspect controller, contacts and relays. Check adjustment and replace contacts as required. • Observe operation of signal dispatching system. Inspect compensating hitches, buffers, rope clamps, slack cable switch, couplings, keyways and pulleys. Check load weighting device and dispatching time settings. Clean, adjust and lubricate as necessary. • Check oil level in car and counterweight oil buffers and add oil as required. • Check brushes and commentators. Inspect commentators for finish, grooving, eccentricity and mica level. If required, clean, turn or refinish commutator to provide proper commutation. Inspect brushes for tension seating and wear, replace or adjust as required. • Check and adjust: 1. Car ventilation system. 2. Car position indicators. 3. Direction stations. 4. Hall and car buttons. 5. Hall lanterns. 6. This car up signs. • For escalators, regularly and systematically examine, adjust, lubricate, clean internal truss structures (as required), maintain all accessory equipment, and if conditions warrant, repair or repelace the following escalator components: escalator power unit, controller parts, electrical switches, wiring, bearing, governors and brakes, step and chain wheels, chains and sprockets, steps and step treads, comb plates, safety device handrails. • For chairlifts and platform lifts, peform regular inspections to address the following: ride access by passengers, maintenance and operational staff, safety during the ride, fundamental mechanical and electrical safety, fire safety and noise. • For chairlifts and platform lifts, perform the following inspection activities: commissioning inspection including load test runs, formal pre-season inspection, daily and perioding maintenance inpsections, annual inspection, periodic major inspection of critical components, designer and manufacturer stipulated inspections, and ancillary equipment inspections. For chairlifts and platform lifts, inspect the platform and control panel, lock bolts for tightness, the foot switch for proper operation, switches which should be in neutral, signs and labels and instructions for legibibility, safety latches, toe boards, railings and guards to ensure they are in good condition and working properly. 21 Quarterly • Check leveling operation. Clean and adjust leveling switches, hoist way vanes, magnets, and inductors. Repair and/or adjust for proper leveling. • Check hoistway doors. Clean, lubricate car door or gate tracks, hangers and up thrust eccentrics, linkages jibs and interlocks. • Clean, adjust and lubricate car door or gate tracks, pivots, hangers. • On hoistway doors, clean, lubricate and adjust tracks, hangers and eccentrics, linkages jibs and interlocks. • Inspect all fastening and ropes for wear and lubrication. Clean both governors and hoist ropes and lubricate hoist ropes and lubricate hoist ropes if needed. Inspect all rope hitches and shackles and equalize rope tension. • Inspect hoist reduction gear brake and brake drum, drive sheave and motor, and any bearing wear. • In the car, test alarm bell system. Clean light fixtures, inspect, clean and adjust retiring cam devices, chain, dashpots, commentators, brushes, cam pivots, fastenings. Test emergency switch (ground case, if necessary). Inspect safety parts, pivots, setscrew, switches, etc. Check adjustments of car and counterweight jibs, shoe or roller guides, lubricate and adjust if necessary. • In the pit, lubricate compensating sheave and inspect hitches. Inspect governor and tape tension sheave fastenings. Empty clean oil drip pans. • Clean all parts of safeties and lubricate moving parts to assure their proper operation. Check and adjust clearance between safety jaws and guide rails. Visually inspect all safety parts. • Clean and examine governor rope, replacing, if needed. (Do not lubricate governor rope). Semi-Annually • Check controller. Clean with blower, check alignment of switches, relays, timers, contracts, hinge pins, etc. adjust and lubricate. Check all resistance tubes and grids. Check oil in overload relays, settings and operation of overloads. Clean and inspect fuses and holders and all controller connections. • In hoist way examine guide rails, cams, sheaves, sills, bottom of platform, car tops, counterweights and hoistway walls. • Inspect sheaves to ensure they are tight on shafts. Sound spokes and rim with hammer for cracks. • Examine all hoist ropes for wear, lubrication, length and tension. Replace, lubricate and adjust as required to meet code requirements. • On tape drives, check hitches and broken tape switch. • Check car stile channels for bends or cracks; also car frame, cams, supports and car steadying plates. • Lubricate moving parts or vertical rising or collapsible car gates. Check pivot points, sheaves, guides and track wear. • Lubricate guide shoe stems. 22 • Check governor and tape tension sheave fastenings. • For bi-parting doors, clean chains, tracks and sheaves, lubricate as required. Check door contacts. • Check fastening and operation of door checks, interlocks clean and lubricate pivot points as required. Annually • Thoroughly clean car and counterweight guide rails using nonflammable or high flash point solvent to remove lint dust and excess lubricant. Vacuum down elevator shaft way. • Remove, clean lubricate brake cores on brakes, clean linings, if necessary and inspect for wear. Correct excess wear and adjust. • Drain, flush and refill reservoirs or each hoisting motor and motor generator. • Check and reset, if necessary, all brushes for neutral settings, proper quartering and spacing on commentators. • Group supervisors controls systems installed shall be checked out. The systems, dispatching scheduling and emergency servicing shall be tested and adjusted in accordance with manufacturer’s literature. The Contractor shall provide to the satisfaction of the Agency Representative that the system functions properly. All work shall be performed during other than normal working hours with no inconvenience to building occupants. A full report covering adjustment time intervals, dispatch times on various programs, door standing time and door opening and closing speeds shall be furnished to the agency. R. Scope of Services To obtain qualified contractor(s) to perform elevator, escalator, chairlift and platform lift maintenance for UC facilities and participating agencies. The services will be primarily for, but not necessarily limited to, UC campus locations and any participating entities. Upon approval of the awarded elevator, escalator, chairlift and platform lift maintenance contract(s); other additional UC agencies may utilize services. References to University of California “UC” and its participating agencies as users under this proposal and specification and ensuing contract(s) encompasses and includes other users such as these entities. The intent of this solicitation is to request proposals from contractors, qualify them and select those firm(s) with which to contract based on the evaluation criteria listed in this RFP. A maximum hourly rate and per unit rate(s) for each type of vertical transportation equipment will be established for the performance of the elevator, escalator, chairlift and platform lift in various facilities within UC. A list of all elevator equipment is attached on Attachment A – Elevator Equipment List. The scope of this solicitation and resulting contract is to assist UC in establishing the maintenance needs of the equipment specified and assist in planning and scheduling maintenance work necessary to maintain fully operational systems. Also included is the corrective maintenance work of clean up and adjustments that are required on the equipment. Emergency repair rates must be included in this proposal. Additionally, material and equipment must be identified with the percent markup on materials to be charged to 23 UC for such repairs. If emergency repairs or significant repairs are needed, UC alone has the option to accomplish such repairs under this contract. This work will either be performed on a time and materials or not-to-exceed bases at the proposal rates indicated herein. S. Background In the UC system we over 2100+ conveyances, increasing annually, with over 20 elevator service contracts. Each UC Campus has been responsible for its own elevator, escalator, chairlift and platform lift maintenance. Many UC locations either perform the day-to-day maintenance of their elevator, escalator, chairlift and platform lift systems or are utilizing local contracts for this often-complex maintenance process (along with repairs, if necessary). This contract shall serve the purpose of pre- qualifying contractors and also providing a preferred UC system-wide and national solution. T. Inquiries All inquiries concerning information herein shall be addressed in the CalUsource system. All inquiries will be posted and answered within the system for viewing purposes. • CalUsource Public RFP Site: https://smart.gep.com/publicRFx/ucal?oloc=215#/ • CalUsource Online Supplier Resources: http://calusource.net/for-suppliers/ Proposals shall be approved by an owner, partner or corporate official who has been authorized to make such commitments. All prices shall be held firm for a period of one hundred fifty (150) days after the RFP closing date. U. Contractor Web Conference (NON-MANDATORY) Contractor Web Conference will be held to provide an opportunity for an overview of UC solicitation and requirements. In addition, we will be discussing the CalUsource platform being used for solicitation and functionality. Participation is NON-MANDATORY via Zoom WEB Conference Call Date: May 03, 2019 Time: 2:00PM PST Web Conference Meeting Link: https://UCOP.zoom.us/j/887466257 Dial In option US: +1 669 900 6833 Meeting ID: 887 466 257 Link and number are available during time of Contractor Conference. If an Offeror is unable to attend the pre-proposal conference, recording of presentation will be attached to CalUsource system upon completion. Using link provided above allows the ability to listen and view presentation document. Dial In option is only audio. V. Campus Walkthrough Schedule (NON-MANDATORY) Selected locations of the University of California have provided an opportunity for Vendors to conduct a walkthrough of conveyances on site. All details can be found on Attachment C – Campus Walkthrough Schedule. • Contractor Representatives: 24 o At Maximum two (2) representatives per company to participate in walkthrough. • Travel: o Contractor will be responsible for any travel charges to attend UC campus walkthrough. • Parking Pass: o Sole responsibility of Contractor to obtain a parking pass at campus participating in the walkthrough. o Please make sure to arrive early to purchase parking pass and also find parking. • Conveyance Selection: o A pre-selection of conveyances for walkthrough will be selected by each UC location. o Depending on time available, interest of group, and proximity, other conveyances may be requested to view as referenced in Attachment A – Elevator Equipment List. • Recommendations: o Wear comfortable walking shoes. o Contractors shall not reach out to locations in which are not listed on Attachment C – Campus Walkthrough Schedule. W. Minimum (general) criteria to be determined “Responsive” • Does the proposal submitted conform in all material respects to the solicitation? • Specific examples include but not limited to: Was sufficient documentation provided with the proposal to demonstrate that Good Faith Efforts were made? Where questioned answered thorough? X. Minimum (general) criteria to be determined “Responsible” • Does the Offeror demonstrate an understanding of UC’s needs and proposed approach to the project? • Does the Offeror possess the ability, capacity, skill, and financial resources to provide the service? • Can the respondent take upon itself the responsibilities set forth in the RFP (and resultant contract) and produce the required outcomes timely? • Does the Offeror have the character, integrity, reputation, judgment, experience, and efficiency required by the contract? • Has the Offeror performed satisfactorily in previous contracts of similar size and scope; or, if the prime contractor has not performed a contract of similar size and scope, has it (and/or its team members) otherwise demonstrated its capability to perform the contract UC seeks to establish through this RFP? • Does the Offeror propose to perform the work at a fair and reasonable cost? Y. Projected Timetable The following projected timetable should be used as a working guide for planning purposes. UC reserves the right to adjust this timetable as required during the course of the RFP process. Event Date 25 RFP Issued 04/24/2019 Vendor Campus Walkthrough Week 1 (Northern California) 04/29/2019 Vendor Campus Walkthrough Week 2 (Southern California) 05/06/2019 Deadline for submittal of questions 05/27/2019 Contractor Web Conference 05/03/2019 Proposals Due 06/03/2019 Evaluation of Criteria Begins ASAP Complete Evaluation of Proposals (Short List) ASAP Complete Contract Negotiations/Execute Contract ASAP Z. Employee Background Check A background check is required for all employees providing any services to University of California. Any occurrence found during background check is to be provided to UC or participating agency for review prior to work commencement. AA. Functional Requirements Examination Of Existing Building And Contract Documents 1. Each Contractor is under an affirmative duty to inform itself by personal examination of the specifications and location of the proposed work (at the time of the project definition) and by such other means as it may select, of the character, quality, and extent of the work to be performed and the conditions under which the contract is to be executed. 2. Each Contractor shall examine specifications and all other data or instruction pertaining to the work. No plea of ignorance or conditions that may be encountered or of any other matter concerning the work to be performed in the execution of the work will be accepted by UC as an excuse for any failure or omission on the part of the Contactor to fulfill every detail of all requirements of the documents governing the work. Contractor, if awarded the contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such the Contractor having fully informed itself prior to responding to the RFP. 3. Any amendment issued during the time of the RFP shall be included in respomse and in closing a contract, will become a part thereof. 4. Any verbal information obtained from or statements made by a UC representive at the time of the site visit(s) or transmission of un-official documents shall not be construed as in any way amending Contract Documents. Only such corrections or addenda as are issued electronically to all contractors shall become part of the contract. UC will not be responsible for verbal instructions. BB. Elevator List of Equipment The equipment will be listed which will consist of the major components and parts of equipment to be serviced at the facility. The Contractor shall be responsible for any other components not specifically listed that are supplemental to and a part of the operation of the overall system for the facility. Prospective Contractors must personally verify all quantities of equipment listed at the time of RFP. Please refer to Attachment A – Elevator Equipment List for full details of conveyences in the UC system. 26 Specific UC Campus locations have provided dates and times for a campus walkthrough. CC. GENERAL REQUIREMENTS a. The intent of these specifications, unless otherwise noted is to cover elevator, escalator, chairlift and platform lift maintenance service complete in every respect. Details of service not explicitly stated in these specifications but necessarily attendant thereto, is deemed understood by the Offeror and included herein. The Contractor shall furnish all material and equipment usually furnished with such services, in accordance with the industry standard. b. It is mutually agreed and acknowledged that the Contractor has included costs to remedy all deficient items in his proposal and he will be responsible for the satisfactory functioning of the equipment without extra compensation. The Contractor may include in their reponse a detailed explanation of work intended to be performed under this clause. c. UC or Participating entity will have the ability to conduct an audit, at maximum, once (1) per year. 1. If any occurances found, Contractor is solely responsible to make UC or Participating Entity whole and also pay for Audit fees, and any other fees associated to final check for corrections made. 2. If no occurances found, the UC or Participating entity will be responsible for Audit fees. d. All material and equipment furnished shall be new and in excellent working condition. e. Hard copy field, service or monthly reports will not be accepted by UC. The term “electronic” stated herein shall be defined as a USB, web-based program or hosting or e-mail. It is strongly advised that the Contractor establish an electronic/web-based maintenance record file and reporting system for all contracted facilities. An example of a viable electronic report system is the following: In lieu of “hard copy” field/service tickets, establish local monitoring units installed near the equipment to be maintained. Each local unit includes identification credential verification of the technician responsible for maintaining the associated equipment; time stamping of the start and end of each operation performed by the technician; data input of the description of the work performed during the technician’s operation, and storage. In lieu of “hard copy” monthly reports, establish an electronic maintenance report file, which allows data input of the description of each operation performed on the associated equipment in relation with the identification information of the technician that performed the operation and the time stamp information of the start and end of the operation. The data should be accessible by UC via the Contractor’s designated host website. 27 An electronic notification of reports being available to the user agency, should be furnished within ten (10) working days after each month’s service. In addition to the data state above, the electronic reports will include a precise description of services provided, number of staff involved and number of contract hours spent. This report must be furnished or posted on the Contractor’s host webpage on or before the invoice for payment is submitted to the User Agency. Payment will not be approved without the reports. f. Electronic field/service tickets must include the following: time/date stamp; identification of technician providing service; equipment/unit receiving service; description of service performed; repair, resolve or recommendation. This electronic field/service ticket must be made available to the User Agency within twenty-four (24) hours of the service being performed. Failure to provide this electronic field/service ticket, whether intentional or not, shall be understood to mean that service was not performed. g. Monthly service tickets are to be included in the electronic report h. The Contractor shall be completely responsible for their work, including any damages or breakdowns caused by their failure to take appropriate action. i. The Contractor agrees that the resulting contract may not be assigned, transferred, conveyed, or the work subcontracted. j. No drug use of any type, or alcoholic beverages by the Contractor or its personnel shall be permitted on the premises. k. Food, beverages and snacks will not be permitted on the premises. All field personnel will be expected to maintain equipment rooms, machine rooms and elevator shafts and hoistways free of trash and debris. l. Contractor’s technicians/mechanics must undergo a background check. Contractor is to provide details of the background check conducted. m. INSPECTION – The quality of service shall be subject to inspection by UC at any time. Should it be found that the quality of services being performed is not satisfactory, and the requirements of the specifications are not being met, General Services acting on behalf of the user agency or on its own behalf, may terminate the contract, and employ another Contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to UC for costs incurred on account thereof. n. STOP WORK ORDER – General Services reserves the right to stop the work covered by this proposal and the contract at any time, if it is deemed the successful Contractor is unable or incapable of performing the work to the satisfaction of General Services or the user agency. In the event of such cease to work, General Services shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the proposal, the successful Contractor shall be liable to UC for any such cost on account thereof. 28 o. The user Agency Representative reserves the right to reject and bar from the facility any employee hired by the Contractor. LABOR AND MATERIAL – Hourly rates should be considered from the time the mechanic/technician leaves his place of business until the time he returns. DD. Contractor Personnel Requirements 1. Experience Requirements i. Each Offeror shall have been actively and normally engaged, for at least the past ten (10) years in the maintenance, service, repair and replacement of materials and equipment in elevator, escalator, chairlift and platform lifts of a similar manufacturer and control system as those covered by this contract. ii. The following experience is required for group supervisory control systems as included in this RFP. 1. The Offeror shall have at least ten (10) years’ experience with group supervisory control systems noted under each category; and must provide with its proposal a detailed statement of such experience. This should include the company of building(s) serviced, representative responsible for supervising the contract for such company or building. 2. The Offeror shall have total responsibility for not less than ten (10) elevator, escalator, chairlift and platform lifts of the type proposed on, and has been maintaining them for a period of not less than five (5) years. Each Offeror shall list specific reference contract, showing company or agency, company representative in which such elevator, escalator, chairlift and platform lifts are being maintained. 3. The Offeror shall show that he has available, under his direct employment and supervision, the necessary organization to properly fulfill all the services and conditions required under this RFP. Subcontractors and/or vendors of the awarded will not be permitted. iii. Demonstrate that company personnel have maintained an organization, in continuous operation for at least the past ten (10) years that is capable of performing the work hereinafter described. This should include the following: 1. That the Offeror shall use only skilled, competent, trained elevator, escalator, chairlift and platform lift personnel having a minimum experience of five (5) years in maintaining elevator, escalator, chairlift and platform lift systems similar to those in this RFP. 29 2. Each Offeror shall list the names of the employees that, if awarded, will be responsible for this contract, their function in the company, their title and number of years of service with the Offeror’s firm. Offeror must also assign the following dedicated staff: Project Manager, Field Supervisor, Account Representative, Office Administrator. 2. Contractor Responsibilities - Service Facility Requirements i. The present address of the main operating facilities of the organization, location of the engineering department, and, if any, the location of the research development department. ii. Location of the facility and/or facilities that will serve this contract. iii. Each Offeror shall have a local facility to service UC. Include a listing of offices with address that will service each UC campus. Also, location of main offices nationally. iv. The Offerors’ service facility shall be equipped with spare parts as herein after specified under “Spare Parts”. All service vehicles/trucks must be equipped with an inventory of commonly used spare parts. v. List sources of major replacement parts such as worms and gears, commutator bars, field coils and gearless machines. Indicate which of the above listed parts are readily available at your own facilities. Prospective Contractors are advised that UC’s intent in having these requirements is to ensure that only qualified and reliable Contractors perform the work for the contract. UC recognizes that there may be equally qualified and reliable Contractors who do not meet all of the above requirements specifically as stated, above but may in fact meet the objectives and criteria intended in some other manner. However, the Contractor shall have the burden of demonstrating to UC’s satisfaction that it can in fact perform the work. This shall be in the form of written statements as to the Contractor’s experience, references, listing of contracts performed, financial statements, manpower and ability to respond to UC to evaluate the Contractor’s ability. All statements made must be able to be independently verifiable by UC. Purchasing reserves the right to request any additional information pertaining to the Prospective Offeror’s ability, qualifications and procedures used to accomplish all work under this contract as it deems necessary to ensure safe and satisfactory work. Note: Any Prospective Offeror failing to submit in whole or in part the above statement attesting to its qualifications, may result in a rejection of the proposal of that Prospective Offeror. EE. Contractor Personnel Requirements 1. UC Departmental Responsibilities i. The agency shall assign a qualified professional to permit access to mechanical rooms, elevator, escalator, chairlift and platform lift equipment rooms (where applicable) and elevator shafts. This qualified professional shall also serve as the direct contact for those items as specified herein. 2. UC’s Right to Inspect i. UC shall have the right to inspect any facility or project site where the services performed under the resultant contract are performed. 3. Terms and Conditions of Contract 30 i. A contract resulting from this RFP shall be subject to the terms and conditions set forth in the attached Contract. 4. Instructions for Proposal i. Compliance with the RFP 1. Proposals must be in strict compliance with this Request for Proposals. Failure to comply with all provisions of the RFP may result in disqualification. ii. Acknowledgment of Insurance Requirements 1. By signing its proposal, Offeror acknowledges that it has read and understands the insurance requirements for the proposal. Offeror also understands that the evidence of required insurance must be submitted within fifteen (15) working days following notification of its offer being accepted; otherwise, UC may rescind its acceptance of the Offeror’s proposal. The insurance requirements are attached. iii. Delivery of Proposals 1. All proposals and documents are to be submitted using the CalUsource sourcing tool. iv. Ambiguity, Conflict, or Other Errors in the RFP 1. If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the Request for Proposal, it shall immediately notify the UC Procurement Services such error in writing and request modification or clarification of the document. The Department of Purchasing will make modifications by issuing a written revision (addendum) and will give written notice to all parties who have received this RFP from the UC Procurement Services. 2. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the Request for Proposals prior to submitting the proposal or it shall be waived. v. Proposals and Presentation Costs 1. UC will not be liable in any way for any costs incurred by any Offeror in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions or negotiations. vi. Rejection of Proposals 1. The Purchasing Agent reserves the right to accept or reject in whole or in part, any or all proposals submitted. The Purchasing Agent shall reject the proposal of any Offeror that is determined to be non-responsive. The unreasonable failure of an Offeror to promptly supply information in connection with respect to responsibility may be grounds for a determination of non-responsibility. vii. Acceptance of Proposals 1. The Purchasing Agent shall accept all proposals that are submitted properly. However, the Purchasing Agent, or designee, reserves the right to request clarifications or corrections to proposals. viii. Requests for Clarification of Proposals 31 1.Requests by the Evaluation Committee for clarification ofproposals shall be distributed by the Procurement Staff in writing(or email). ix.Validity of Proposals 1.All proposals shall be valid for a period of ninety (90) days fromthe opening date of the Request for Proposal. x.Evaluation of Proposal1.An Evaluation Committee shall be appointed, chaired by UC toevaluate each Proposal. At UC option, Supplier may be invited tomake presentations to the Evaluation Committee. Best and FinalOffers and/or Negotiations may be conducted, as needed, withthe highest rated Respondent(s). UC reserves the right to makeadditional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting aproposal. Proposals will be evaluated on the following criteriawhich are listed below: Evaluation Category (Points Available /Percentage Weight) Total points available is 20,000. a.Company Profile (2909 / 15%)b.Module 1/2/3 (5818 / 29%)c.National Program (1000 / 5%) d.Sustainability (2818 / 14%)e.Value Add (2455 / 12%)f.Cost (5000 / 25%)2.Supplier can achieve more points than the minimum criteria by proposingadditional services and/or differentiating themselves from othersubmittals. The Team will determine the Total Score for each category ina Bidder’s Final Bid by aggregating categories in the table above, Scoreswill be rounded to the two (2) decimal place. NOTE : SUPPLIERS ARE REQUIRED TO USE ATTACHED DOCUMENTS IN CALUSOURCE TO SUBMIT THEIR PRICING/DISCOUNT PROPOSAL. Incorporated Document - Supplier's Response The Supplier's responses thereto submitted on or about June 17, 2019 ("RFP response") is available upon request Attachment B - Pricing Schedule Available upon request RIDER University of California The parties hereby agree to be bound to the University of California Terms and Conditions of Purchase (“Terms and Conditions of Purchase”) between KONE Inc. ("Contractor") and the Regents of the University of California ("Owner") together with the terms contained in this Rider. However, in the event of conflict between terms contained in the Terms and Condition of Purchase and this Rider, the terms in this Rider shall supersede and prevail. 1.In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to the goods and/or Services provided by Contractor. 2.Notwithstanding any provisions contained in the Terms and Conditions of Purchase to the contrary, Contractor's indemnification and defense obligations shall apply only to the extent caused by the negligence of Contractor (or its subordinates) and not to the extent caused by others. 3.In lieu of additional insured. Contractor will provide an Owner's and Contractor's Protective Liability (OCPL) policy, which lists Owner as a named Insured. This policy will remain in effect for the duration of the Agreement and the limit will be $2,000,000. 4.Contractor's work shall not include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos containing materials (PACM) or other hazardous materials (i.e. lead, PCBs) (collectively "HazMat"). Contractor shall have the tight to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for Contractor to perform its work shall be the Owner's sole responsibility and expense. 5.Owner will provide a safe workplace for Contractor personnel and safe access to the equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and all instructions and warnings related to the use of the equipment. Owner will be responsible for proper use, for supervising the use of the equipment, and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. DocuSign Envelope ID: C3C88BE5-EF4D-41D1-8C3A-BCAA4449B2CA Page 1 of 2 Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair and related services. Executive Summary Lead Agency: University of California Solicitation: #000289-APR2018 RFP Issued: April 24, 2019 Pre-Proposal Date: May 3, 2019 Response Due Date: June 3, 2019 Proposals Received: 8 Awarded to: Kone Inc. The University of California Office of the President issued RFP #000289-APR2018 on April 24, 2019, to establish a national cooperative contract for Elevator, Escalator, Chairlift and Platform Lift Maintenance & Repair and related services. The solicitation included cooperative purchasing language in Sections D: The University of California, as the Principal Procurement Agency, defined in Exhibit A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The UC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Exhibits A through H contain additional information about OMNIA Partners and the cooperative purchasing agreement. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • CalUsource website • OMNIA Partners, Public Sector website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR Page 2 of 2 • The State, SC • South Carolina website/newsletter (get from Chris White) • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT On June 3, 2019 proposals were received from the following offerors: • Van Deusen & Associates, Inc. • Kone Inc. • Otis Elevator Company • Smartrise Engineering • Liftech Elevator Services, Inc. • Amtech • Lerch Bates • National Elevator Inspection Service The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Van Deusen & Associates, Inc., Kone Inc., Otis Elevator, Lerch Bates, Smartrise Engineering and National Elevator Inspection Service and proceeding with contract award upon successful completion of negotiations. The University of California, OMNIA Partners, Public Sector and Kone Inc. successfully negotiated a contract, and the University of California executed the agreement with a contract (#2019001564) effective date of October 1, 2019. Contract includes: • Complete elevator maintenance services (traction and hydraulic) • Escalators and powerwalks • Testing • Reporting services • Remote monitoring • KRMS Voice Monitoring Service Option Term: Initial five (5) year agreement from October 1, 2019 through September 30, 2024 with the option to renew for five (5) additional one (1) year periods through September 30, 2029. Pricing/Discount: See pricing files OMNIA Partners, Public Sector Web Landing Pages: https://www.omniapartners.com/publicsector/contract/supplier-contracts/kone Pricing available upon request. USFR Compliance Questionnaire for RFP #000289-Apr2018 YES/NO COMMENTS 1. Based upon review of this contract for the procurement of construction, materials, and/or services that exceeded $100,000, did the cooperative follow the School District Procurement Rules (R7-2-1001 et seq)? YES a. For this contracts awarded through competitive sealed bidding or competitive sealed proposals, did the cooperative: 1) Give adequate notice of the invitation for bid (IFB) or request for proposal (RFP)? R7-2-1022 or R7-2-1042(C) YES Ads and Affidavits 2) Compile and maintain a list of persons who requested to be added to a list of prospective bidders, if any? R7-2-1023 YES Bidders List 3) Issue the IFB or RFP at least 14 days before the due date and time set for bid or proposals, as applicable, unless a shorter time was determined necessary? R7-2-1024(A) or R7-2-1042(B) YES RFP Page 1 4) Include all required information in the IFB or RFP? (Note: If the answer is “No,” the “Comments” should specifically indicate which requirements were not complied with.) R7-2-1024(B) or R7-2-1042(A) YES RFP Page 1 5) Stamp sealed bids or proposals with the time and date upon receipt and store bids or proposals unopened until the due date and time set for opening? R7-2-1029 or R7-2-1045 YES CalUSource 6) If a multiple award was made for the IFB or RFP: i. Did the cooperative establish and follow procedures for the use of multiple award contracts? R7-2-1031(D) and R7-2-1050(C) YES ii. Did the cooperative include in the solicitation(s) notification that multiple contracts may be awarded, the cooperative’s basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts? R7-2-1031(C) and R7-2-1050(B) YES iii. Determine, with the specific reason(s) in writing, that a single award was not advantageous to the cooperative’s members and retain documentation that supported the basis for a multiple award? R7-2-1031(D) N/A iv. Limit contract awards to the least number of suppliers necessary to meet the requirements of the members? R7-2-1031(D) and R7-2-1050(C) YES YES/NO COMMENTS 7) For contracts where only one responsive bid or proposal was received, determine that the price submitted was fair and reasonable, and that either other prospective offerors had reasonable opportunity to respond or there was not adequate time for resolicitation, and retain documentation that supported the basis for the determination? R7-2-1032 or R7-2-1046(A)(1) N/A b. For this contract awarded through competitive sealed bidding, did the cooperative award the contracts to the lowest responsible and responsive bidder whose bid conformed, in all material respects, to the requirements and evaluation criteria set forth in the IFB? (Note: If the answer is “No,” the “Comments” should specifically indicate which requirements were not complied with.) R7-2-1031 N/A c. For this contract awarded through competitive sealed proposals, did the cooperative award the contract to the offeror whose proposal was determined, with the specific reason(s) in writing, to be most advantageous to the cooperative’s members based on the factors set forth in the RFP and retain documentation that supported the determination? R7-2-1050 YES 2. Did the cooperative have signed conflict-of-interest disclosures filed for any employee or nonemployee evaluation committee members? R7-2-1008 and R7-2-1015 NO UCOP does not use Non- Disclosure Forms 3. If the cooperative used a qualified select bidders list to procure construction services, did the cooperative comply with requirements of R7-2-1101? N/A 4. If the cooperative used construction-manager-at-risk, design-build, or job-order-contracting to procure construction services, did the cooperative comply with the requirements of R7-2-1100 through R7-2-1115? N/A 5. If the cooperative procured goods and services using reverse auctions or electronic bidding, did the cooperative comply with the requirements of R7-2-1018, R7-2-1021, or R7-2-1041? N/A 6. For purchases made through the Simplified School Construction Procurement Program, did the cooperative follow the requirements of R7-2-1033? (Note: If the answer is “No,” the “Comments” should specifically indicate which requirements were not complied with.) N/A 7. If the cooperative used multi-term contracts for any of the contracts tested in question 1: a. Were the terms and conditions of renewal or extension, if any, included in the IFB or RFP? A.R.S. §15-213(K) and R7-2-1093 YES UC T&C’s Article 2 b. For materials or services and contracts for job-order-contracting construction services that were entered into for more than 5 years, did the cooperative determine in writing, before the procurement solicitation was issued, that a contract of longer duration would be advantageous to its members? A.R.S. §15-213(K) and R7-2-1093 N/A 8. Did the cooperative prevent additional purchases by new members that would materially change the volume of goods or services estimated in the original solicitation? R7-2-1011 N/A YES/NO COMMENTS 9. Did the cooperative maintain current cooperative purchasing agreements with participating school districts? R7-2-1191 through R7-2-1195 YES For questions 10 and 11: If the cooperative had any emergency or sole source procurements, the audit firm must test all such procurements. 10. Based upon review of any emergency procurements, was the basis for each emergency procurement reasonable; did the cooperative maintain a written statement for each emergency procurement documenting the basis for the emergency, the selection of the particular contractor, and why the price paid was reasonable; and was such statement signed by the individual authorized to initiate emergency procurements? R7-2-1055 and R7-2-1056 N/A 11. Based upon review of any sole source procurements, was the basis for the sole source procurement reasonable, and did the cooperative retain its written determination that there was only one source for the required materials, service, or construction items? R7-2-1053 N/A UNIVERSITY OF CALIFORNIA BFRKFLEY • DAVIS • IRVl�E • LOS A:S:GEas • MERCED • RIVFRSIDE • SAN DiEGO • SAi': FRASCISCO STRATEGIC SOURCING DATE: 10/1/2019 TO: Whom It May Concern FROM: Reynaldo A. Cano-Boza Sr. Commodity Manager -MRO & Facilities University of California OFFICE OF THE PRESIDENT 1111 Franklin Street. 10th Floor Oakland, California 94607-5200 SUBJECT: RFP #000289-APR2018 -Elevator Services: Repair, Maintenance, Inspection/Testing, Parts, and Modernization The Evaluation Committee reviewed the responses and recommended the following companies be awarded: •Kone Inc. •Otis Elevator Company •Van Deusen & Associates, Inc. •Lerch Bates The recommended vendors submitted offers that were determined to be most advantageous to the University of California Office of the President, based upon the evaluation criteria stated in the RFP. All the recommended respondents were determined to be competitively priced and best suited to provide the specified services outlined in the RFP. We believe all recommended vendors demonstrate the ability to provide and perform the services requested in the proposal. We will monitor their performance and determine at the end of each term if they are eligible for renewal with each new term. This multiple award is most advantageous as it limits contract awards to the least number of suppliers necessary to meet the requirements of end-users. Sincerely, Reynaldo A. Cano-Boza Sr. Commodity Manager Center of Excellence University of California Office of the President 51 0-98 7 -9893 Reynaldo.Cano-Boza@ucop.edu August 13, 2019 Dear , SUBJECT: Notice of Intent to Award RFP # (000289-APR2018) RFP-ElevatorMaintenance-UCSystemWide-April2019 The University of California (UC) has completed its evaluation of proposals in response to the above referenced RFP and intends to award a contract to your company for Module 1 – Elevator Maintenance Services. I will represent UC in this regard with appropriate representation from UC and OMNIA Partners members moving forward, and I will contact you soon to begin negotiating the contract. Kindly direct to me all communications regarding this Notice of Intent to Award. This Notice of Intent to Award is non-binding. If your company does not agree with UC on contract terms, UC will not award a contract to your company. Your company may not begin work, purchase materials, or enter into subcontracts relating to the project before both parties sign a contract, unless prior written approval is obtained from me. UC reserves the right to cancel this Notice of Intent to Award at any time before both parties sign a contract. I look forward to working with you to put contract terms in place. Please don’t hesitate to contact me if you have any questions about this Notice of Intent to Award. Sincerely, Adrian Ferreira Interim Associate Director Center of Excellence University of California Office of the President 858-534-5618 Adrian.Ferreira@ucop.edu Amendment No. 1 Page 1 of 2 Agreement No. 2019.001564 Revised 11/4/15 This Amendment #1 to Agreement 2019.001564 (“Agreement”) is entered into between The Regents of the University of California (UC) and Supplier. AMENDMENT TO AGREEMENT Adding the following section after the first paragraph of Section 4. Pricing, Invoicing Method, and Settlement and Terms: Price Increases: The Service Fees may be adjusted by the following: 20% (twenty percent) of which monthly amount shall be adjusted at any time after the first year of the Term hereof, but not more often than one (1) time a year thereafter, by the increase or decrease in the percentage of increase or decrease in the "Producer Commodity Prices for Metals and Metal Products" published by the U.S. Department of Labor, Bureau of Statistics (the “Index”), during the month of review prior to such adjustment, as compared with the Index noted in this Agreement or index used in previous year's adjustment. 80% (eighty percent) of which monthly amount shall be adjusted at any time after the first year of the Term hereof, but not more often than one (1) time a year thereafter, by the increase or decrease in the straight time hourly labor rate paid by Supplier for the month of review prior to such adjustment as compared with such straight time hourly labor cost noted in this Agreement or rate used in previous year's adjustment. The phrase "straight time hourly labor rate" means the sum of the straight time hourly labor rate paid to Mechanics in the locality where the equipment is to be maintained, and the hourly cost of fringe benefits provided for in the labor bargaining agreement covering the Mechanics who perform the service. Notwithstanding the foregoing subsection in no given year shall the Service Fees be increased to an amount greater than three and one half percent (3.5%) from the immediately preceding year. The initial Index and Initial Straight Time Hourly labor rate used to calculate the Service Fees set forth above are: (to be entered at the time of execution of the contract) PRODUCER COMMODITY PRICES FOR METALS AND METAL PRODUCTS (INDEX) RATE DATE: STRAIGHT TIME HOURLY LABOR RATE, INCLUDING FRINGE BENEFITS RATE DATE: Price Decreases. Supplier is advised that there is no mandatory use policy within the System. Supplier shall guarantee that manufacturer and/or Supplier price decreases be passed on to System immediately. Amendment to Agreement DocuSign Envelope ID: 5CFCF078-DB5C-44F7-9C83-647516923CAA Amendment No. 1 Page 2 of 2 Agreement No. 2019.001564 Revised 11/4/15 AMENDMENT TO AGREEMENT Modifying Sections 8. Prevailing Wages 8. Prevailing Wages /_X_/ Supplier is required to pay prevailing wages when providing the Services. /___/ Supplier is not required to pay prevailing wages when providing the Services. All other terms, conditions and provisions of the Agreement shall remain in full force and effect. This Amendment is signed by the parties’ duly authorized representatives, and shall be effective retroactive as of October 1st, 2019. KONE INC. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: ____________________________________________ By: ____________________________________________ Name: Brad Fleming____________________________ Name: Justin Sullivan___________________________ Title: Director, Institutional Vertical_______________ Title: Executive Director, Strategic Sourcing______ Date: December 20,2019_______________________ Date: __________________________________________ DocuSign Envelope ID: 5CFCF078-DB5C-44F7-9C83-647516923CAA 12/23/2019 Amendment to Agreement This Amendment #2 to Agreement # 2019.001564 (“Agreement”) is entered into between The Regents of the University of California (UC) and Supplier. AMENDMENT TO AGREEMENT The Agreement is hereby amended as follows: 1.Purchasing Agreement - Section 2, sub-section (a) Term of the SOW is hereby amended as follows: This renewal term of this agreement will begin on September 1, 2024 (“Effective Date”) and continue through August 31, 2029. Exhibit B – UC Pricing Schedule is hereby amended with the addition of the attached 2025-29 UC-Kone National Contract Price File (see enclosed Excel Spreadsheet). 2.Exhibit C – Scope of Services is hereby amended as follows: Scope of Services – Kone shall endeavor to work closely with University of California (UC) Systemwide Procurement Staff to strongly encourage the use of this elevator maintenance, modernization, and consulting services agreement by all UC purchasers throughout the UC campus system. Kone shall provide regular periodic reporting to UC Systemwide Procurement staff on UC campus agreement utilization (at least 2x a year) and work to ensure that this agreement is utilized to the greatest extent possible by all current and future UC purchasers. Vertical Transportation Services - The University of California (UC) is adding additional Vertical Transportation Services to the existing Kone base scope of work for all participating public agencies (via ONMIA) to utilize. These new services expand the complete line of elevator and escalator services to include new construction and modernization without scope of work limitations. All Services proposed shall include, but are not limited to, repairs, replacement (or alteration), modernization solutions, new construction, and maintenance service of elevator(s), escalator(s), or related equipment (see attached Vertical Transportation Services Descriptions). This new Vertical Transportation Services contracted spend shall be included by Kone in all subsequent spend reports to UC and OMNIA as appropriate going forward. All other terms, conditions and provisions of the Agreement shall remain in full force and effect. This Amendment is signed by the parties’ duly authorized representatives and shall be effective as of September 1, 2024. Signature Page Follows Amendment #2 Agreement No. 2019.001564 June 12, 2024 Page 1 of 33 KONE INC. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: Michael Lynch Michael Lynch (Jun 18, 2024 06:32 PDT) Name: Michael Lynch Adrian Ferreira Title: Date: Key Account Manager Jun 18, 2024 Director - Facilities and Capital Programs Jun 18, 2024 Amendment #2 Page 2 of 33 Agreement No. 2019.001564 June 12, 2024 Adrian Ferreira (Jun 18, 2024 09:06 PDT) Amendment #2 Page 3 of 33 Agreement No. 2019.001564 June 12, 2024 SAMPLE FOR ILLUSTRATIVE PURPOSES ONLY Proposal for Project Name ACCOUNT NAME Attention: Customer Name KONE People Flow Solution Proposal Date www.kone.us Project Name 2(11) Account Name Attention: Customer Name Address KONE People Flow Solutions Proposal Project Name Date Tender # Prepared by: Salesperson, Title Phone number first.last@kone.com 1. Proposal Pricing summary The KONE solution includes design, manufacturing, supply and installation of the following: Elevator Equipment name Solution Capacity/Speed Landings/Entrances Price Group 1 Elevator 1 1 x KONE MonoSpace 500 3500 lbs / 350 fpm Landings: 12 Entrances: $ XXX,XXX.00 DX 12 front / 0 rear Total Sales Price, net including TAX $ XXX,XXX.XX Additional options The following options may be added to our proposal if desired. Validity of proposal Our proposal is based on the architectural drawings dated XXX and specification (Division 14) dated XXX and meets the general intent of the project. Pricing is based on the contents specified in this Proposal and the appendices and Bid Attachments, which are incorporated into this Proposal (the “Proposal”). Contract terms shall be in accordance with Bid Attachment “A” / KONE Inc. General Terms and Conditions and Bid Attachment “B” / Site Safety Requirements / Work by Others, which are incorporated by reference. The pricing included in this Proposal is submitted with the understanding that all documents referenced and incorporated will be signed without modification. In the event of conflicts or inconsistencies between this Proposal and any other contract document, this Proposal shall supersede and prevail. This Proposal is valid for 30 days. www.kone.us Project Name 3(11) 2. Your Solution Elevator Technical Specification KONE Solution Machinery location Capacity (lb) Speed (fpm) Travel height (ft) Stops Front entrances Rear entrances Control system Regulations Shaft size (W x D) (ft) Pit depth (ft) Clear Height under Ceiling (ft) Power supply, machinery (V / Hz) Car size (WxDxH) (in) Door opening dimensions (WxH) (ft) Controller location Group 1 Elevator 1 www.kone.us Project Name 4(11) Design Group 1 – Elevator 1 Do you want to see the design in 3D view? Click below Rear and Side walls Front and Side walls Copy- paste the below url to the web browser if the button failed: https://cardesigner.kone.us/#/doc/3575ff8e-0fd4-4537-a193-5d8147cdf4ba Disclaimer text placeholder Materials and design Please note that all images are for illustration purposes only. Some differences to actual product delivered may exist. Elevator 1 Car walls Front wall Ceiling Flooring by others Handrail Skirting Car Fan Protection pads Door type Door material www.kone.us Project Name 5(11) Sill material Number of car operating panels (COP) COP details Jamb mounted destination indicator Signalization Series Additional Options Hall/Lobby panel included Locking of car calls switch type Hazard Avoidance Emergency battery drive Operation of car ventilation Regenerative drive Landing Floor Marking Landing Sill Material Finish Entrance Frame type Hall Lantern / Position Indicator 12 Front 11 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 11 Front 10 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 10 Front 9 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 9 Front 8 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 8 Front 7 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 7 Front 6 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 6 Front 5 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 5 Front 4 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 4 Front 3 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 3 Front 2 Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 2 Front *1 Aluminum #4 Brushed Stainless Knock-down style bolted frames Lantern / Position Indicator 1 Front B Aluminum #4 Brushed Stainless Knock-down style bolted frames Hall Lantern 3. Project-Specific Clarifications ● Project-specific clarifications www.kone.us Project Name 6(11) A flexible machine room-less traction elevator solution for low to mid-rise buildings. ●Excellent eco-efficiency – hoisting technology, lighting, and standby solutions for energy efficient operation. ●Superb ride comfort – smooth and quiet operation in compliance with our strict ride-comfort standards. ●Versatile design - a broad set of attractive materials and accessories to create the perfect interior for your elevator. 4. Why KONE? KONE in brief KONE is a global leader in the elevator and escalator industry. Our versatile product portfolio features a wide range of innovative products including elevators, escalators, and autowalks. You are supported by our broad district and branch network across North America. Product offer KONE MonoSpace DX® KONE 24/7 Connected Services – improved safety, full transparency, and peace of mind KONE elevators can be equipped with KONE 24/7 Connected Services. This solution allows our teams to predict issues and act before a shutdown occurs. For our customer and building tenants, it means improved reporting and communication on maintenance work with full transparency and ease of mind. Read more at kone.us/connected www.kone.us Project Name 7(11) 5. Ensuring Project Success Project Schedule Overview This Proposal is conditioned upon KONE's standard installation methodology and all work performed during normal business hours, excluding IUEC (International Union of Elevator Constructors) holidays. The following schedule is proposed: Preparation of Submittals X weeks From receipt of contract and first payment. Contract Review X weeks From receipt of full contract package. All referenced documents required. Approval of Submittals TBD Mutually agreeable time to incorporate changes to the layout and approve the submittals. Approval of Submittals means notification in writing, by the Customer or Customer's Agent, that all submittals are approved, and manufacturing may commence. All finishes and features are to be confirmed at the time of submittal approval. Manufacturing and Delivery XX weeks From receipt of submittal approval and an executed contract. KONE’s policy is to release equipment to Manufacturing after the contract is fully executed by both parties. Note: KONE's factory has two-week shutdown over the months of July and December. Any manufacturing duration that falls during these months shall add two weeks to the manufacturing time. Delivery times may be extended due to delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, availability of personnel, logistics providers, and supply chains. Notice to commence on site and site check X weeks Prior to starting the installation, KONE requires a two-week notice to inspect the site to ensure it fulfils the requirements set by KONE for commencing installation. Site Check will be performed in the two weeks before installation begins. Installation XX weeks Only after the site has passed the Site Check inspection, the installation can start. Duration is per unit. If multiple units need to be installed at the same time, a Foreman will be required at additional cost - based on availability. Testing and Commissioning XX weeks Clean 3-phase power, active phone line to the controller, and all life safety provided by others is required prior to testing / commissioning. www.kone.us Project Name 8(11) Site Preparation KONE requires the following conditions fulfilled two weeks prior to commencement on site. Please see Bid Attachment “B” / Site Safety Requirements / Work by Others for more detailed site requirements. These conditions will be verified during the site readiness visit. Adequate access for delivery of elevator material + clean/dry 21’ x 56’ storage space per elevator. The hoistway, pit, and machine room must be clean, dry, and constructed per the approved KONE final layout drawings. Any required support for guide rail brackets, divider beams and divider screens from pit floor to the top of the hoistway will be provided by others. Note: bracket support points may be required between floors. The hoistway must be plumb according to tolerances listed on KONE Final approved layout drawings. Removable, OSHA approved barricades must be provided around all hoistway openings. Provide and install full entrance protection, made of nylon mesh or reinforced plastic at all hoistway openings per OSHA 1346 1926.502(j). Design and install entrance protection in such a way as to allow quick accessibility in and out of the hoistway. Permanent or temporary three-phase and single-phase power of permanent characteristics with disconnect switches. A hoist beam and safety beam (furnished by KONE) must be cut to size and installed in the elevator overhead per the approved KONE final layout drawings (hoistbeam capable of supporting the load requirement noted in our shop drawings). Applicable work areas must have adequate lighting. Finished floor marks must be visible from the hoistway openings at all landings. Warranty / maintenance Our Proposal includes 12 months of KONE standard maintenance with KONE 24/7 Connected Services, including regular time callback service. Under no circumstances shall indicators or predictions from KONE 24/7 Connected Services be cause for immediate services. They shall be addressed upon the next scheduled maintenance visit, or otherwise at the sole discretion of KONE. The remote monitoring devices are provided to the Customer as part of the Services. Customer gives KONE the right to utilize 24/7 Connected Services to collect, export and use data generated by the use and operation of the equipment. Customer has no ownership or proprietary rights to such data, nor the device or software that monitors, analyzes, translates, reports or compiles such data. KONE 24/7 Connected Services, including any data collected, the device(s) to perform the service, and any software related thereto shall be the exclusive property of KONE. KONE MAKES NO WARRANTY THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KONE IS NOT LIABLE FOR ANY DAMAGES RELATING TO LACK OF NETWORK COVERAGE AT THE SITE OF THE EQUIPMENT, DUE TO TAMPERING WITH THE REMOTE MONITORING DEVICE, INTEROPERABILITY, SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS, INTERRUPTIONS OR ANY OTHER REASON OUTSIDE OF KONE’S REASONABLE CONTROL. KONE DISCLAIMS ANY LIABILITY FOR DAMAGES OR INJURIES (INCLUDING DEATH) ARISING FROM OR IN CONNECTION WITH THE OPERATION OR USE OF THE SERVICES SET FORTH HEREIN. The Product Warranty is specified in Bid Attachment A. Installation by KONE of any parts covered under the Product Warranty on parts will only occur while KONE maintains an active maintenance contract. The Product Warranty and Warranty Maintenance commences on the date of acceptance set forth in the Uniform Final Acceptance Form. For long-term reliability, a continuing maintenance agreement is necessary. This Proposal is conditioned upon KONE receiving a ten (10) year KONE Extended Warranty maintenance contract from ownership prior to the date of acceptance set forth in the Uniform Final Acceptance Form. www.kone.us Project Name 9(11) Price Adjustment KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping, as well as increased costs resulting from any change in law or tariffs. Payment terms Proposal price is valid with the following payment terms (Payment due date is 30 days net, from the date of KONE's invoices): 30% Engineering & Site Management 50% Material 20% Installation KONE reserves the right to delay and/or suspend the work, including manufacturing, delivery, installation and/or final turnover of the equipment for non-payment. Prior to equipment turnover, KONE must be paid in full including all change orders, less retention. Additionally, prior to turnover KONE requires a signed Final Acceptance and receipt of a Final Punchlist from all parties. Should you have a requirement other than that shown above; we will be pleased to discuss it with you. Sourcing This Proposal is made without regard to compliance with any special purchasing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority/disadvantaged supplier requirements or similar state procurement laws. Should such requirements be applicable to this project, KONE reserves the right to modify and/or withdraw our Proposal. Confidentiality Any pictures or images included in this Proposal are for information purposes only. This proposal and all attachments are intended for the exclusive use of the addressee-recipient. This proposal and attachments are proprietary, confidential, and protected by copyright laws of the United States of America and international treaties. Reproducing, copying, disclosing, adapting, publishing, or distributing this proposal or the attachments, in whole or part, is prohibited. Copyright © 2020 KONE Inc. All rights reserved. Completion The price is based on KONE completing its work by December 31, 20**, and a material manufacturing start, no later than six months from the date of this Proposal. The standard wage rate is assumed. If KONE's on-site work is not completed in the above calendar year (due to delays by others), you will be responsible for the labor rate increase that occurs on January 1st of each following year. Storage/delivery/remobilization This Proposal is based on the site being handed over to KONE in accordance with KONE Site Safety Requirements, per Bid Attachment “B,” on the agreed dates. Any changes to such dates are considered a change to the schedule and KONE shall be entitled to an extension of time and to recover all costs related to such changes and an extension of time. If the Site Requirements are not complete, KONE will not deliver the unit equipment to the job site. If KONE is unable to unload at the jobsite on the scheduled date and commence installation immediately, additional costs for off-site storage ($X,XXX / month per unit) and labor for double handling of the materials ($X,000) shall be paid to KONE via a Change Order. Should KONE be required to demobilize, through no fault of its own, due to any suspension or work stoppage, and after material is delivered to the jobsite a charge of $X,000 per crew shall be paid to KONE via a Change Order for each remobilization. Customer shall also store and protect the materials and equipment onsite or at a storage facility reasonably acceptable to KONE at Customer’s sole risk and cost. If KONE is not able to commence installation on the agreed upon material delivery date or if KONE’s work cannot be performed in an uninterrupted manner, labor may be reallocated to other projects and may not be available to reallocate to this project for several weeks. KONE is not responsible for any delay to the project resulting from labor reallocation because of Site Requirements not being complete by the material delivery date. www.kone.us Project Name 10(11) Operator time No operator time is included in this proposal. If the General Contractor or another subcontractor requires access to the shaft or the use of the elevator platform for any reason prior to Final Acceptance, KONE will provide an operator per the standard hourly rate of $XX0/hour for straight time or $X00/hour for overtime. Availability of an operator will be determined at the time of the request. KONE’s installation schedule shall be extended by the time needed by other trades for access to the shaft. Temporary construction time use This proposal does not include provisions for temporary use of the elevator(s). Should temporary use be required, a monthly fee ($X,X00), costs of temporary inspections / re-inspections ($X,X00), and a hoistway screening cost (if applicable) will apply per elevator. Any additional cost for screening the hoistway (if applicable) and readjusting / refurbishment will be paid by customer. The General Contractor will provide: ● Protection of the elevator(s) ● Protection of hoistway openings ● Electrical service ● Temporary car enclosure ● Operator ● Two-way voice communication boxes at each landing The KONE Temporary Acceptance Form shall be executed before any elevator is placed into temporary service. Please note that KONE requires two weeks minimum to refurbish the elevator(s) to a “like new” state prior to final turnover. Hoistway cleaning KONE is unable to estimate the cleanliness of an elevator hoistway on a construction site, as the amount of debris/dust is dependent on work completed by other trades within the building. As such, KONE has not included any costs for clean down of the elevator shaft but can provide a price if conditions warrant. Other trade work No additional time or costs (outside of the equipment installation and inspection time) have been included in this proposal for coordination with the life safety system, security system, or any other trades. KONE shall be entitled to an extension of time and / or additional costs incurred by additional time expended for coordination with other trades. Phone This proposal includes one standard, hands-free ADA compliant speakerphone per cab. It will automatically dial to a determined location. A KONE Care – Emergency Phone Monitoring or Wireless Phone service agreement must be completed, (either accepting or denying KONE’s monitoring service) two weeks prior to final inspection. Inspections This Proposal includes one final inspection by the elevator code authority, per elevator, during normal working hours. Prior to scheduling the elevator final inspection with the Authority Having Jurisdiction (AHJ), building life safety including fire alarm and dedicated phone lines for each elevator must be fully operational. If the final inspection fails due to KONE’s sole responsibility, KONE shall pay for the cost of re-inspection(s). Should re-inspection be required due to deficiencies by others, you will be responsible for the cost of re-inspection(s). All other testing will be provided for additional cost at normal KONE billing rates. During the final testing, a representative of the fire-life-safety contractors will be required (at no cost to KONE) while testing the elevators. No overtime has been included in this Proposal. Changes to the work KONE shall not be required to proceed with any Customer requested change to its Work (“Extra Work”) until such Extra Work is evidenced in a mutually acceptable Change Order and signed by both parties. This includes, but is not limited to, any changes or revisions, accelerations, resequencing, suspension of KONE’s schedule of Work or other delays outside of KONE’s control. However, should KONE agree to proceed with Extra Work pursuant to a Construction Change Directive or Field Order without a fully executed Change Order, such agreement by KONE is conditioned on the Extra Work being converted promptly to a fully executed Change Order. KONE shall not be obligated to continue performance of Extra Work if the estimated value of unexecuted Change Orders exceeds 10% of the Agreement Price, or if there is a reasonable safety concern, a product www.kone.us Project Name 11(11) limitation, or it is unreasonable to proceed. No action by KONE, including but not limited to KONE performing Extra Work without an executed Change Order, shall be construed to be a waiver of Subcontractor’s right to seek payment for the Extra Work performed, or to obtain a Change Order at a later date. Customer shall remain directly liable to KONE for payment for changed or Extra Work ordered by the Customer for delays caused by Customer or others subordinated to Customer. 6. Proposal Acceptance We have read in full and accept the content of this Proposal and all attachments. Project Name: Project Name Proposal No: Tender # Site Address: Total Sales Price: $ Customer ACCOUNT NAME Date Signature Printed name Bid Attachment “A” / KONE Inc. General Terms and Conditions (New Equipment) Bid Attachment A, Version 14.2 – 05.04.2022 USK NEB p.1/2 1. APPLICATION OF THESE TERMS The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”). 2. SPECIAL PURCHASING REQUIREMENTS This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal. 3. PROPOSAL CONDITIONS The Proposal shall be open for acceptance within 30 days from the date of the Bid Letter unless stated otherwise. Prior to commencing manufacturing, KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts. 4. PAYMENT TERMS Payment of the total Price is due within 30 days from invoice date, as follows: • 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract; • 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center; • 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation. KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non- payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees. Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance, which is incorporated by reference herein, or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit reporting in the format of the U.S. Department of Labor form WH 347 & WH 348. The Price does not include Textura or any other special billing requirements, which can be added at a rate of 0.3% of the Price. 5. INSTALLATION Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation. If there are any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance. Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material. KONE shall not participate in a composite clean-up crew or any costs thereto. KONE shall not attend jobsite meetings until mobilized onsite. KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed. KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work. KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said damages. KONE shall abide by Customer’s safety policies and procedures to the extent such policies and procedures are not in conflict with KONE’s Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades prior to Equipment turnover. 6. TEMPORARY USE Temporary use of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE’s Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition. 7. HAZARDOUS MATERIALS KONE’s work shall not include any abatement or disturbance of asbestos containing material (“ACM”), presumed asbestos containing materials (“PACM”), or other hazardous materials (i.e. lead, PCBs) (collectively “HazMat”). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Customer’s sole responsibility and expense. Should any HazMat abatement occur within the shaft or machine room, Customer shall execute KONE’s Hoistway or Pit Access Request. If any HazMat is known to be present on site before the start of work, HazMat removal or abatement shall be completed prior to KONE scheduling installation and delivering material. 8. TITLE AND RISK TO EQUIPMENT Title to and ownership of all Equipment intended for incorporation in KONE’s work, whether installed or stored on or off site, shall remain with KONE until final payment is made Risk of loss in KONE’s work and Equipment passes to Customer upon delivery to the site or off-site storage. Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE’s expense. 9. TURNOVER Prior to turnover, KONE must receive a final punch list. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manual on a flash drive. Standard KONE samples shall be provided upon request. No mock-ups or video training are included in the Price. Bid Attachment “A” / KONE Inc. General Terms and Conditions (New Equipment) Bid Attachment A, Version 14.2 – 05.04.2022 USK NEB p.2/2 10. DELAY KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of domestic or foreign government (including a change in law), strikes, lockouts, work interruption or other labor disturbance, delays caused by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, infectious diseases, epidemic, pandemic, quarantine, border or port of entry and exit restrictions or acts of God. In the event of such delays, KONE shall be entitled to an extension in time equal to the length of such delay affecting KONE and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which extend completion of KONE’s work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually. 11. LIMITED WARRANTY For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer’s use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer’s remedy is limited to repair or replacement of a defective part, in KONE’s sole discretion, and excludes labor. KONE DISCLAIMS ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. 12. INDEMNIFICATION KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use (“Claims”) due to bodily injury, including death, or tangible property damage (other than the Project or KONE’s work itself) to the extent caused by KONE’s negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim. 13. INTELLECTUAL PROPERTY KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non-transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment. Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE’s prior written consent. 14. INSURANCE In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project. KONE shall not provide loss runs insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE’s review of the proposed program. If KONE’s primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE’s excess coverage does not follow form although typically provides broader coverage than KONE’s primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor’s and Moody’s financial ratings that may be evidenced upon request. 15. LIMITATION OF LIABILITY In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory. 16. CONCEALED OR UNKNOWN CONDITIONS If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies. 17. BACKCHARGES KONE shall not be responsible for back charges unless Customer provides at least 2 business days’ written notice prior to incurring such charges, supporting documentation and such charges directly arise out of KONE’s failure to perform under the Proposal. 18. TERMINATION If a party materially breaches this Proposal, the other party shall provide written notice of the breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability. 19. GOVERNING LAW AND DISPUTE RESOLUTION The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings. 20. PRICE ADJUSTMENT KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping, as well as increased costs resulting from any change in law or tariffs. 21. 24/7 EMERGENCY VIDEO COMMUNICATIONS Applicable only for projects where KONE 24/7 Emergency Video Communications is included: The KONE 24/7 Emergency Video Communications contract addendum and General Terms and Conditions for KONE Digital Services must be signed by the Building Owner. This contract addendum requires the Building Owner to pay a fee for audio, video, and data connectivity. This payment obligation, among other provisions, survives termination of any maintenance agreement. 22. MISCELLANEOUS This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer’s drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document. The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party. Advanced People Flow (APF) Attachment to Bid “B” Work by Others CONSTR-07-0666 (2021-11-23) Advanced People Flow (APF) 1 Purchaser to provide the following in accordance with code requirements NOTE: All Work by Others is required to be completed two (2) weeks prior to the start of APF installation. KONE Access Control (if provided) 1. General: provide IP addresses per KONE LAN schedule. IP addresses are required for, but not limited to, KONE Group Controllers (KGC), KONE Interface Controllers (KIC), LAN Destination Operating Panels (DOP), LAN Destination Guidance Displays(DGD), and LAN InfoScreen. 2. If KONE Access 500: provide two (2) dedicated 15 amp 120 VAC fused service with ground in the control space connected to designated ACS cabinet(s) per the ACS wiring diagrams. Must include the means to disconnect this service and lock-off in the “open” position (NFPA 70 article 620.22 and 620.53 or CEC article 38.22 and 38.53). 3. If KONE Access 500: if Mobile Device feature is provided, the customer provides the site-specific configuration cards and two valid mobile credentials for testing to KONE during installation. Consult with your sales rep or bid letter. Turnstile Integration for KONE Destination (if provided) 4. Provide one (1) dedicated GFCI protected 20 amp 120 VAC (15 amp in Canada) duplex outlet for People Flow Servers per the wiring diagrams. 5. KONE recommends a minimum 100 Mbit/s Ethernet for each of the following applications: Security Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multimedia Equipment, and Card Readers. 6. Provide IP addresses per KONE LAN schedule. IP addresses are required for, but not limited to, KONE Group Controllers (KGC), KONE Interface Controllers (KIC), LAN Destination Operating Panels (DOP), LAN Destination Guidance Displays(DGD), and LAN InfoScreen. 7. Provide and install the required number and size conduit runs from elevator hoistways to turnstile banks. See turnstile integration specifications for site specific requirements. 3rd Party Access Integration/Security (if provided) 8. Our proposal includes KONE logic and provisions for the specified Touchscreen(s), Keypad Destination Operating Panel(s), Monitoring System(s), and Multimedia Equipment. 9. Card Readers and/or any additional required hardware & software for proper functionality of access control/security system(s) shall be furnished and installed by others. 10. A designated 15 amp 120 VAC circuit is required at each of the remote monitoring stations. 11. Any required interface software to ensure proper communication between KONE control system(s) and building system(s) shall be the responsibility of others. 12. KONE recommends a minimum 100 Mbit/s Ethernet for each of the following applications: Security Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multimedia Equipment, and Card Readers. KONE Destination Dispatching (if provided) 13. General: when KONE Destination (Destination Dispatch) is used, provide one (1) dedicated 15 amp 120 VAC fused service with ground (supplied through automatic emergency lighting supply if available inbuilding) connected to each elevator signal control cabinet for shaft power. Must include the means to disconnect this service and lock-off in the “open” position (NFPA 70 article 620.22 and 620.53 or CEC article 38.22 and 38.53). 14. Provide IP addresses per KONE LAN schedule. IP addresses are required, but not limited to, KONE Group Controllers (KCEGC), KONE Interface Controllers (KIC), LAN Destination Operating Panels (DOP), LAN Destination Guidance Displays (DGD), and LAN InfoScreen. 15. Provide a VLAN with a minimum 100 MBit/s dual ethernet connections with dual RJ45 jack in each machine room/control room/control space. Consult with your sales rep or bid letter. 16. If KONE Destination 820: provide a minimum 100 MBit/s dual ethernet connections with dual RJ45 jacks between elevator groups and across hallways where machine rooms/control rooms/control spacesform the same group (minimum CAT6 up to 100m, fiber Optics if greater than 100m). 17. If KONE Destination 1020: provide one (1) additional dedicated 15 amp 120 VAC fused service with ground (supplied through automatic emergency lighting supply if available in building) connected to each elevator signal control cabinet that has a LAN riser to power Core and Shaft LAN Switches. Must include the means to disconnect this service and lock-off in the "open" position (NFPA 70 article 620.22 and 620.53 or CEC article 38.22 and 38.53). 18. If KONE Destination 1020: provide one (1) additional dedicated 15 amp 120 VAC fused service with ground (supplied through automatic emergency lighting supply if available in building) to power the Site Advanced People Flow (APF) Attachment to Bid “B” Work by Others CONSTR-07-0666 (2021-11-23) Advanced People Flow (APF) 2 Controller and Edge Router modules. Must include the means to disconnect this service and lock-off in the "open" position (NFPA 70 article 620.22 and 620.53 or CEC article 38.22 and 38.53). 19. If KONE Destination 1020: provide a dedicated OM3 optical fiber link with SC connectors and terminated into a patch panel to integrate machine rooms. 20. If KONE Destination 1020: if Elevator Guide (EG) display is provided; provide a Full HD TV with HDMI v1.4 interface and a minimum size of 24". Provide a 120 VAC power outlet at the location of the EG display to provide power to the TV and proper HDMI cables to connect the HDMI output provided by KONE into the HDMI input of the provided TV. If the EG display is located 30 ft (10 m) or farther from the elevator shaft, proper HDMI signal extension means shall be provided. E-Link (if provided) 21. A designated 15 amp 120 VAC circuit is required at each of the remote monitoring stations. 22. KONE recommends a minimum 100 Mbit/s Ethernet for each of the following applications: Security Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multimedia Equipment, and Card Readers. 23. Provide IP addresses per KONE LAN schedule. IP addresses are required, but not limited to, KONE Group Controllers (KGC), KONE Interface Controllers (KIC), LAN Destination Operating Panels (DOP), LAN Destination Guidance Displays (DGD), and LAN InfoScreen. 24. BACnet additional requirements (if provided): a. Provide all E-Link features required. b. Provide BACnet Device IDs for Devices. c. Provide BACnet Revision Level requested for the site (PR-18 supported or not). KONE Remote Call (if provided) 25. Provide one (1) dedicated CFCI protected 20 amp 120 VAC - amp duplex (15 amp in Canada) outlet per the Remote Call wiring diagrams. 26. KONE recommends a minimum 100 Mbit/s Ethernet for each of the following applications: Security Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multimedia Equipment, and Card Readers. 27. Provide one (1) public IP v4 address that can be accessed via the Internet. 28. Provide IP addresses per KONE LAN schedule. IP addresses are required, but not limited to, KONE Group Controllers (KGC), KONE Interface Controllers (KIC), LAN Destination Operating Panels (DOP), LAN. InfoScreen (if provided) 29. If InfoScreen is offline, none of the below is applicable. Provide one (1) RJ45 CAT6 jack and network switch in each elevator machine room/control space that has an InfoScreen server. This jack is wired to a building LAN network with internet access. In the machine room/control space, pipe and wire CAT6 cable from the switch to the InfoScreen Server Box. 30. Provide one (1) IP address for each InfoScreen server. 31. Provide another RJ45 CAT6 jack and VLAN configuration to the next elevator machine room/control space that has elevators with InfoScreens. This is to connect two Group Connection Boxes from two elevator machine rooms/control space. 32. Provide a dedicated 15 amp 115 VAC fused disconnect with ground PE per machine room/control space piped and wired to the first InfoScreen Group Connection Box 33. If InfoScreen TV Streaming Video is to be used, the equipment and converters will be located in a building IT room as shown in the wiring diagram. Provide another RJ45 CAT6 jack and VLAN configuration in InfoScreen IP network range for Video Encoder Board in the machine room/control space that has the last Group Connection Box. Provide a Cable TV Box as needed, or other device that will stream composite video output. Elevator Variable Message Display (If provided) 34. An outlet marked as, “elevator equipment only” must be provided at each display location. The outlets may be powered by a separate breakerbut must share the same power source as the elevator. Amperage requirements for the outlets shall be calculated based on the requirements of the monitors provided by others. 1 Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 Site Safety Requirements / Work by Others KONE MonoSpace 500 Bid Attachment “B” Purchaser to provide the following in accordance with code requirements. NOTE: All site preparation required to be in place prior to KONE’s start must be ready two (2) weeks prior to the start of installation. General 1. Provide sufficient on-site refuse containers for the disposal of the elevator packing material. Should sufficient containers not be provided, the removal of the elevator packing material shall become the responsibility of others. 2. Provide forklift for KONE’s exclusive use during the unloading of the elevator at time of delivery. 3. Provide any cutouts to accommodate the elevator equipment (see notes below). 4. Provide and install finished elevator cab flooring prior to balancing cabs (coordinate with KONE). Cab flooring/weight allowance shall be in accordance with KONE’s approved layouts. Owner must provide certification (to the elevator inspector at time of inspection) that flooring meets flame spread and smoke density requirements. (ASME A17.1/CSA B44 sec 2.14.2.1). 5. Provide permanent elevator lobby lighting, ceiling and flooring prior to inspection date. 6. Owner must provide certification (to the elevator inspector at time of inspection) that owner-supplied elevator interior finishes meet flame spread and smoke density requirements (ASME A17.1/CSA B44 sec. 2.14.2.1). In the case of using glass, transparent or translucent plastic panels for car interiors, they shall meet the requirements of ASME A17.1/CSA B44 sec. 2.14.1.8, ANSI Z97.1/ CGSB 12.1 in Canada. 7. Provide cutting/ coring of all openings and penetrations required to install hall push buttons, signal fixtures, wiring duct and piping, and sleeves. Sleeves will be required in the hoistway wall for EACH elevator. 8. Provide any repairs such as grouting, patching and painting made necessary by such cutting/ coring. Provide fire caulking around all fixtures and as needed to satisfy NFPA 70 article 300.21, or any applicable local code. 9. Please note that none of the elevator components are weather- proof and that the elevator entrances do not seal the hoistway from inclement weather. The entire elevator, hoistway, and controls must remain protected from inclement weather prior to and throughout the installation. 10. If KONE 24/7 Emergency Video Communications: For units with travel greater or equal to 60 ft (18 m), or if located in a seismic zone and the code year is 2016 or later (regardless the travel): Customer will provide a dedicated Windows-based PC or laptop with Chrome browser and 24-hour/day Internet access. This computer must be accessible by emergency personnel to communicate through voice and text with people in the elevator and to have a video display of the cab interior. Safety 11. Provide adequate, rollable access with a minimum opening of 8’ x 8’ (2.5 m x 2.5 m) into the building. Clean, safe, secure, dry space is required adjacent to the hoistway at grade level, minimum of 21’ x 56’ [6.4m x 17m] per elevator for storage of materials. 12. Provide free-standing, removable, OSHA-compliant barricades capable of withstanding 200lb (890N) of force in all directions around all hoistway openings per OSHA 29 CFR 1926.502, and/or any applicable local code. 13. Provide and install full-covering entry protection as per local requirements and manufacturer’s requirements. Protection to be made of nylon mesh or reinforced plastic, at all hoistway openings to prevent materials or tooling from falling into the elevator shaft during installation per Federal OSHA requirements listed in 29 CFR 1926.502(j). In Canada, where required by Provincial regulation, enclose the front of the hoistway with removable hoarding or screening to prevent material from entering the hoistway. Design and install entrance protection in such a way as to allow quick accessibility in and out of the hoistway. 14. Provide two (2) lifeline attachments at the top, front of the hoistway. Each must be capable of withstanding a 5000 lb [2250 Kg] load per OSHA 29 CFR 1926.502, or any applicable local code. For machine-room-less applications, provide attachments as described above, or install KONE- provided 5” x 5” x 3/8” (127mm x 127mm x 9.6mm) tube steel lifeline beam in the elevator hoistway overhead 10 inches (254 mm) from front of hoistway to center line, with bottom of lifeline beam at same elevation as bottom of hoisting I-beam. Lifeline tube steel supplied by KONE by request at no additional cost. Engineering details, attachment details and/or modifications, or any beam(s) alterations in the field for installation is by others. 15. Provide proper lighting in all work areas and stairways, including access to all floors and machine rooms per OSHA 29.CFR1926.1052 or any applicable local code. 16. Provide and maintain 6-foot (1800 mm) clear work area in front of all entrance openings per OSHA 29.CFR1926.502 or any applicable local code. Hoistway 17. Provide a clear and plumb hoistway of size shown on approved KONE final layout drawings. Any variations from the detailed dimensions may not exceed 2” [50 mm] greater and may not be less than the clear dimensions detailed. (Tolerance: -0” + 2” [-0 mm +50 mm]). Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 18. Provide hoistway ventilation per local building code requirements as applicable. For proper equipment operation, the machine space in machine room or at the top of the hoistway must maintain a temperature between 41° F [5° C] and 104° F [40° C]. Maximum allowed humidity is 95% non-condensing. 19. Provide any partitions between common hoistways if applicable. 20. Install hoist beam(s) in overhead(s) per KONE final layout drawings. Beam supplied by KONE unless otherwise noted on layouts. Engineering and attachment details or field modifications of the beam is by others. NOTE: KONE requires a written explanation and photographic evidence of installation method for each connection point of the beam(s). 21. In cases where multiple elevators are in a common hoistway, and the counterweights are located between elevators, the entire length of counterweight runway must be guarded. The guard shall extend at least 6 inches (150mm) horizontally beyond each counterweight rail. The guard shall be made from wire-mesh material equal to or stronger than 0.048- inch diameter wire with openings not exceeding 1/2 inch (13 mm), securely fastened to keep the guard taut and plumb. (ASME A17.1 – 2019 / B44 – 19: General Requirements.) 22. On applications where working platforms are required, working platforms provided shall comply with the requirements of the current ASME A17.1 / CSA-B44 code edition in effect at the time of installation and /or any applicable local code. 23. Provide adequate support for guide rail brackets from pit floor to the top of the hoistway. Locate rail backing per KONE final approved layout drawings. When maximum bracket span is exceeded, additional support shall be provided at purchaser’s expense. Any bracket mounting surface that is not in line with the clear hoistway dimension detailed on the approved KONE final layout drawings may need to be corrected to meet the proper dimension at purchaser’s expense. 24. If guide rail brackets are to attach to steel, ensure all brackets are installed prior to applying fireproofing to the steel. Otherwise, removal and reapplication of fireproofing will be at purchaser’s expense. 25. All offsets, ledges or projections within the hoistway shall be addressed in accordance with applicable local code. All offsets, ledges or projections within the hoistway greater than 4 inches (100mm) must be tapered to not less than 75 degrees (ASME A17.1/CSA B44 sec 2.1.6.2). Maximum ledge or projection is 2 inches (50mm) in Massachusetts, California and District of Columbia. 26. If concrete block wall construction, refer to the approved KONE final approved layout drawings for proper installation of rail bracket attachments. Inserts provided by KONE unless otherwise noted on the approved KONE final approved layout drawings. Insert type must be approved by KONE. Concrete masonry units, mortar and grout, shall conform to IBC 2000 or any applicable local code. Concrete masonry units shall have a minimum compressive strength of 1500 PSI (10.5 MPa). Mortar and grout shall have a minimum compressive strength of 2000 PSI (13.8 MPa). 27. KONE entrance jambs are non-ferrous and material may not be attached to them (i.e. fire doors/curtains). 28. Arrange for entrance walls to be constructed at the time doorframes and sills are installed to facilitate timely installation of hall fixture faceplates. Entire front wall must be left open at top and bottom landings until elevator equipment is installed. Intermediate landings must have rough openings of the size and location shown on KONE final approved layout drawings to allow installation of entrances. All entrance openings must be aligned vertically. Adequate support for entrance attachment points shall be provided at all landings. Any marble, stone or similar wall material must be prepared after the entrance frames are installed. Provide corridor lines for any marble or “special finish” walls. NOTE: If concrete block wall construction- to prevent overloading entrance frames, top of entrances should not receive more than one row of block. A lintel must be installed to support additional rows of block. 29. Provide elevator landings suitably prepared to accept entrance sill installation per KONE final layout drawings. Grouting to be done by purchaser after sills are installed. NOTE: Traditional angle or concrete sill support is not required. 30. Provide finished-floor height marks visible from hoistway openings at all landings minimum one week prior to beginning entrance installation. Placing floor height mark on hoistway wall is desirable. Complete “Contractor Verification Form of Sill to Sill Heights and Remote Machine Piping,” CONSTR-07-0675. 31. Provide suitable, permanent lighting for control space with light switch located within 18” [457 mm] of strike jamb side of control space door where practical. 32. Electric lighting shall have a minimum lighting intensity of 200 lx (19 fc) at the floor level. When permitted by state and local code the light switch should also control the machine space lighting if control space is adjacent to the hoistway at the top landing. 2 Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 33. If the control space is located remote from the elevator hoistway top landing the following may apply: a. If applicable, provide machine space access door of the size and in the location shown on the KONE final layout drawings. The access door shall be secured against unauthorized access. It shall be self-closing, self-locking and operable from the inside without a key. b. Provide suitable lighting in or above the machine space access with light switch located within 18” [457 mm] of strike jamb side of access space door where practical. c. When permitted by state and local code the light switch should also control the machine space lighting. d. In cases where a battery lowering device is provided, control closet may not be adequate. Please consult KONE representative. 34. Provide and install GFCI-type receptacle located at machine in the top of the hoistway or in machine room as applicable (NFPA 70 article 620.85 or CEC article 38.85 whichever is applicable). 35. Provide and install light switch located at manual brake release location: may also be required in control space per local jurisdiction. 36. Where a single elevator is installed in a hoistway and a portion of the travel extends higher that 11m (36 ft.) between entrances (single blind hoistway), emergency door(s) must be provided. Emergency doors and their electrical contacts shall comply with the current ASME A17.1/CSA-B44 code edition in effect at the time of installation and/or any applicable local code. ASME A17.1-2019/B44-19 requirement Section 2.11.1.2 covers “Emergency Doors in Blind Hoistways” and Section 2.26.2 covers “Electrical Protective Devices”. Each emergency door must be provided with an electrical contact with minimum UL/CSA NEMA A300 rating suitable for use in a 3-amp 230VAC circuit. Consult KONE representative if there are any questions concerning the code requirements. 37. In jurisdictions enforcing the NBCC and in jurisdictions enforcing NFPA 72, the means for testing and maintenance of fire alarm initiating devices without having to enter the hoistway shall be permitted. When this means is provided it must comply with ASME A17.1-2019/B44 requirement 2.8.2.4 and the location of equipment inside the elevator hoistway must be coordinated with KONE sales and/or operations representative. Pit 38. Provide a legal, dry and clean pit with level pit floor, built per KONE final layout drawings. Pit shall be reinforced to sustain vertical forces detailed on KONE final layout drawings (vertical forces detailed are two times the static loads). 39. Sumps and/or sump pumps (where permitted) located within the pit may not interfere with the elevator equipment. Sumps to be covered with flush mounted, non-combustible cover capable of withstanding 150 lbs. per square foot (7 kPa). The sump pump/drain must, at minimum, remove 3,000 gal/h (11.4 m3/h): a. ASME A17.1-2016/B44-16 and earlier, per elevator. b. ASME A17.1-2019/B44-19 and later, per single hoistway or multiple car hoistway. 40. Provide a pit light fixture with switch and guards with an illumination level equal to or greater than that required by ASME A17.1/CSA B44 2000, or applicable version. Recommended to provide minimum 4-foot double tube fluorescent fixture, with suitable guard and mounted to rear wall of pit per KONE installation representative’s direction. 41. Provide a dedicated pit circuit with GFCI-protected 15 or 20-amp 120VAC duplex outlet. Location to be coordinated with the KONE project team using the KONE final approve layout drawings (NFPA 70 article 620.85; CEC article 38.85 whichever is applicable). 42. Provide non-GFCI-protected single receptacle for sump pumps (NFPA 70 article 620.85, NFPA 70 article 620.85 or CEC article 38.85 whichever is applicable). 43. Pit ladder to be constructed of non-combustible material extending from pit floor to 48” [1200 mm] above the sill of the access landing. Pit ladder is supplied by KONE; provided by purchaser on other KONE products unless otherwise noted on the layout drawing. Locate per KONE final layout drawings. Coordinate ladder sizing and location with KONE representative to assure proper fit in hoistway. 44. When a separate pit access door is provided, it must conform to ASME A17.1, requirement 2.2.4.5. When an electric contact is required, it shall comply with ASME A17.1, requirement 2.2.4.5 (b) (1). Electrical 45. US Applications - Purchaser provides in accordance with National Electrical Code, NFPA 70 (NEC) Article 620 or any applicable local code. 46. Canadian Applications - Purchaser provides in accordance with Canadian Electrical Code, C22.1 Section 38 or any applicable local code. 47. Provide dedicated GFCI-protected 20-amp 120VAC duplex (15 amp in Canada) outlet next to each control cabinet. 48. Provide for all electrical branch circuits/disconnects to be labeled (NFPA 70 article 620.54 / 620.53 / 620.51d, CEC articles 38.54/ 38.53/ 36.51d). 49. Provide 480/208VAC (USA) or 575/208VAC (Canada) three-phase permanent power, including piping, wiring and fused disconnect, to controller location to facilitate elevator installation prior to start of project. WARNING: An Open Delta transformer is not acceptable to supply the main power to elevators with regenerative drives, either for temporary or permanent power. Doing so can permanently damage the drive. 3 4 Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 50.Provide 220VAC single-phase temp. power and115VAC single-phase temp. power, of permanentcharacteristics at each elevator landing for lightingand installation method tools. Locate connectionpoints at elevator hoistway. NOTE: For installation purposes related to items 49 and 50, please consult your KONE representative to confirm disconnect location(s) and type of temporary power.51.When generator is used to provide 3-phase 480/208VAC (USA) or 575/208VAC (Canada) powerfor installation, purchaser to accept change notice foradditional costs, estimated locally by installing office,to cover inefficiencies and any damages resultingfrom installing without permanent power present. NOTE: Our elevator controllers require Wye configuration transformers. It is also the responsibilityof the purchaser to provide consistent three- phasevoltages balanced within +/- 10% when measuredphase-to-phase and +/-10% when measured phase- to- ground.52.Provide a dedicated 20-amp 115VAC circuit in the fire command room piped and wired to the lobby panelwhere applicable.53.Provide a dedicated 15-amp, 115VAC fused servicewith ground (supplied through automatic emergencylighting supply if available in building) connected toeach elevator signal control cabinet for car lighting. Must include the means to disconnect this service andlock-off in the “open” position (NFPA 70 article 620.22and 620.53 or CEC article 38.22 and 38.53).54.Provide a separate 15-amp, 115 VAC fused servicewith ground (powered by building emergency powersystem, when available) for each elevator with KONE 24/7 Emergency Video Communications, whenspecified. Must include the means to disconnect eachservice and lock-off in the “open” position (NFPA 70article 620.22 and 620.53 or CEC article 38.22 and38.53).” Control Space/ Integrated Controls Solution (ICS) 55.Provide a legal control space/ machine room with access as indicated on the KONE final layoutdrawings. To include a temporary or permanent door that can be locked from outside. Permanent doormust be self-closing, self- locking, and require a key to open from outside. Must have adequate temporary orpermanent lighting for installation purposes. Forproper equipment operation, the temperature in thecontrol space must maintain between 41° F [5° C] and 104° F [40° C]. Maximum allowed humidity is 95%non-condensing. 56.Provide safe and convenient access to controlspace/machine room including provisions for necessary lighting for access path (ASME A17.1/CSAB44 sec 2.8.1, ASME A17.1 / CSA B44 sec 2.7.3). 57. Provide a clean and dry elevator control room.58.Provide suitable lighting for control space with lightswitch located within 18” [457 mm] of strike jamb sideof control space door where practical. When permitted by state and local code the light switchshould also control the machine space lighting ifcontrol space is adjacent to the hoistway at the toplanding.59.Provide dedicated GFCI-protected 120VAC 20- ampduplex (15 amp in Canada) outlet in the shaft, located above and centered to the entrance opening at thecontroller landing. Consult KONE installation team for precise location.60.Provide a single means of disconnecting allungrounded main power conductors for each elevatorby an enclosed, externally operable, fused motor circuit switch with UL/CSA Class RK1 fuses. Must belockable in the open position. This disconnecting means shall disconnect the normal power service aswell as emergency power service, when provided. NOTE 1: If a battery-powered rescue device is required,the above-mentioned disconnect must have an auxiliary contact monitored by elevator controller thatis positively opened mechanically and is normally closed (NC) when the main power is in the ON positionand is normally open (NO) when power is in the OFF position. NOTE 2: If a battery-powered rescue device is required and a separate shunt trip breaker which issubject to either the hoistway or control space sprinkler system is provided, the shunt trip breakermust have an auxiliary contact that is positively opened mechanically and is NC when the mainpower is in the ON position. NOTE 3: Shunt trip not allowed in Canada and someUS jurisdictions. 61. Provide a Direct-in-dial (DID) analog phone line,activated at least one week prior to inspection,terminated at the appropriate phone jacks in theelevator control room. GC/ Owner may elect to have aseparate analog line installed (one per elevator), orGC/ Owner may elect to provide DID lines from anAnalog Station Card in the building’s PBX system. IfGC/Owner provides a Direct-in-Dial analog phone lineor lines off an existing PBX phone system, a backuppower source must also be provided. All phone andassociated equipment provided by GC/ Owner shallbe in compliance with the requirements of ASMEA17.1/ CSA B44, local codes and applicable law, asamended.62. Provide all fire alarm initiating signals as required byall national, state and local codes for termination atthe primary elevator signal control cabinet in eachgroup. 5 Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 63. With emergency power service provide emergencypower transfer switch and power change pendingsignals as required; 2 normally open dry contactsfrom transfer switch to controller (2 pairs plus groundwire). One contact closes to signal emergency power is present, the other contact closes to give 30 secondpre-signal prior to transfer switch change. Terminationof these wires is at the primary elevator signal controlcabinet in each group (2 pairs plus ground wire).64. Furnish and install smoke detectors and fire operationper ASME A17.1/CSA B44 sec 2.27.3.2, NFPA 72; one for lobby detector, machine room detector,hoistway detector (hoistway detector requirementdetermined by local code), and one for all groupednon-lobby detectors are required. Provide normally- closed dry contacts, with wiring, to controller for eachgroup listed above. 65. Provide and install smoke detector in hoistway asrequired per local codes, and in all elevator lobbies, machine room and controller space. 66.Provide heat detectors and "shunt-trip operation ( US Only)" when sprinklers are required in machine room,machinery space, control room, control space orhoistway, (ASME A17.1 sec 2.8.3.3.2, NFPA 13 &NFPA 72).67.If Fire Status Panel or Security panels are required,all remote conduit runs from elevator equipmentroom/machine space to these panels shall be byothers.68.Non-elevator related piping and equipment isprohibited in machine room or hoistway (ASMEA17.1/CSA B44 sec 2.8.1, ASME A17.1/CSA B44 sec2.8.2).69.Provide and mount at minimum a 10-pound, ABC-typefire extinguisher in control space (ASME A17.1 sec8.6.1.6.5). (Not required in Canada). Applicable for Integrated Control Solution (ICS) 70.Provide a completely open front wall at top landingwith access as indicated on the KONE Final ApprovedLayout Drawings. Must have adequate temporary orpermanent lighting for installation purposes. NOTE:The lobby side of the ICS control cabinet must befaced with 2 layers of dry wall to comply with ULcertification, regardless of front type. See KONE FinalApproved Layout Drawings for details and wall typeand minimum dimensions.71.Provide environment for proper equipment operation during installation and after acceptance, thetemperature at the top floor elevator lobby must maintain between 41° F [5° C] and 104° F [40° C].Maximum allowed humidity is 95% non-condensing.72.Provide safe and convenient roll-able access to topfloor elevator lobby area. (ASME A17.1/CSA B44 sec2.8.1, ASME A17.1/CSA B44 sec 2.7.3). 73. Provide 480/208VAC (USA) or 575/208VAC(Canada), three-phase permanent power, including piping, and wiring from fused disconnect, to junction box located in hoistway at top landing to facilitate elevator installation. WARNING: A Wye configuration transformer is required. An Open Delta transformer is not acceptable to supply the main power to elevators with regenerative drives, either for temporary or permanent power. Doing so can permanently damage the drive. 74. FIRE ALARM INITIATING DEVICE (FAID). FAID is a requirement of ASME A17.1/B44, rules 2.27.3.2.1 (b) and 2.27.3.2.2 (b). USA CANADA COMMENT W 30" 1m NEC2014, CEC2020 D 36" 1m NEC2014, CEC2020 C Min 36" Min 914mm Minimum recommended. Consult ADA requirements for exact building clearance 1.Since ICS control enclosure is vented into thehoistway, a fire alarm initiating device (FAID) isrequired in this portion of the control space.2.A fire alarm initiation device (FAID) is requiredin the lobby area to protect the control spacewhen ICS is open. 6 Site Safety Requirements / Work by Others (Bid Attachment “B”) CONSTR-007-0664 (2022-06-13) KONE MonoSpace 500 Fire Service Access and Occupant evacuation Operation IBC 2018 or Designated Fire Fighter’s Elevator per the NBCC 75.Fire service access elevators per code requirements(IBC 403.6) shall be provided with hoistway lighting per code requirements (IBC 3007). The hoistway lightingshall illuminate the entire height of the hoistway and shall be located such that it does not interfere with theoperation of the elevator or reduce any clearances below applicable code requirements. Additionally,provide an enclosed 24 vdc relay (Omron G2R-1-S- DC24, or equivalent) local to the controller forinterfacing hoistway lighting with elevator system (applicable only in jurisdictions enforcing the IBC,International Building Code). Consult KONE representative to assure required clearances areprovided. 76.Conductors and cables located outside of the elevatorhoistway, machine space and control space, that provide normal or standby power, car lighting power,car ventilation power, car heating power, car air conditioning power, control signals, communicationwith the car and fire/heat-detecting systems control signals to Fire Service Access Elevators or designatedFirefighter’s Elevator, shall be protected by construction having a fire-resistance rating of not lessthan 2 hours. (APPLICABLE ONLY IN JURISDICTIONS ENFORCING THE IBC BUILDINGCODE OR THE NBCC OR ANY APPLICABLE LOCALCODES.77.Fire Service Access elevators shall be provided with hoistway lighting.78.Prevent water from the operation of an automatic sprinkler system outside the enclosed lobby frominfiltrating the hoistway enclosure in accordance with an approved method per rule 3008.79.Means for elevator shutdown in accordance with Section 3005 shall not be installed on elevator systemsused for Fire Service Access and/or Occupant Evacuation Elevators per rule 3008.80.Occupant Evacuation elevators shall be continuously monitored at the fire command center or a centralcontrol point approved by the fire department andarranged to display all of the following information perrule 3008.a.Floor location of each elevator car.b.Direction of travel of each elevator car. c.Status of each elevator car with respect to whetherit is Occupied. d.Status of normal power to the elevator equipment,elevator machinery and electrical apparatus cooling equipment where provided, elevator machine room,control room and control space ventilation and cooling equipment.e.Status of standby or emergency power system that provides backup power to the elevator equipment,elevator machinery and electrical cooling equipmentwhere provided, elevator machine room, control roomand control space ventilation and cooling equipment. f.Activation of any fire alarm initiating device in anyelevator lobby, elevator machine room, machinespace containing a motor controller or electricdriving machine, control space, control room orelevator hoistway.g.Provide a minimum of one Elevator Guide monitorper landing for each OEO elevator group.81. Each Fire Service and /or Occupant Evacuation elevator shall be supplied by both normal power andType 60/Class 2/Level 1 standby power per rule 3008.a.Elevator equipment.b.Ventilation and cooling equipment for elevator machine rooms, control rooms, machinery spacesand control spaces.c.Elevator car lighting.82.Standby power loads shall be based on thedetermination of the number of occupant evacuationelevators in Sections 3008.1.1 and 3008.8.1.83.Wires or cables that are located outside of theelevator hoistway, machine room, control room andcontrol space and that provide normal or standbypower, control signals, communication with the car,lighting, heating, air conditioning, ventilation and fire- detecting systems to occupant evacuation elevatorsshall be protected using one of the following methods 3008.a.Cables used for survivability of required criticalcircuits shall be listed in accordance with UL 2196and shall have a fire-resistance rating of not lessthan 2 hours.b.2. Electrical circuit protective systems shall have afire-resistance rating of not less than 2 hours.Electrical circuit protective systems shall beinstalled in accordance with their listingrequirements.c.Construction having a fire-resistance rating of notless than 2 hours. Exception: Wiring and cables to control signals are not required to be protected provided that wiring and cables do not serve Phase II emergency in-car operation. City of Dania Beach Parks & Recreation Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: First Amendment to the Rita Crockett Beach Sports Academy agreement expanding the footprint. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the first amendment to the license agreement with Rita Crockett Beach Sports Academy (RCBSA) to modify the physical boundaries for "the PIT" located at Frost Park, 300 NE 2nd St. Background: The City of Dania Beach approved Resolution Number 2025-021 on February 11, 2025, authorizing a license agreement with Rita Crockett Beach Sports Academy (RCBSA) for the construction of "the PIT" located at Frost Park, 300 NE 2nd St. The PIT is a Beach Sports Complex that consists of 8 sand volleyball courts that offer a variety of lifestyle beach sports ranging from beach volleyball, footvolley, beach tennis, beach flag football and more. Per the agreement, the area identified for the PIT identified a space of 205' x 170' in size, as described in Exhibit A. RCBSA has indicated they would like to expand the south side of the footprint, adding a fence distanced from the concrete boarder of the PIT to accommodate a space for tents for the athletes, coaches and spectators during game play expanding the footprint from 205' x 170' to 200' x 215'. Budgetary Impact There is no fiscal impact. Recommendation It is recommended that the City Commission adopt the resolution authorizing the first amendment to the license agreement with Rita Crockett Beach Sports Academy (RCBSA) to modify the physical boundaries for "the PIT" located at Frost Park, 300 NE 2nd St. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE LICENSE AGREEMENT WITH RITA CROCKETT BEACH SPORTS ACADEMY (RCBSA) TO MODIFY THE PHYSICAL BOUNDARIES FOR “THE PIT” LOCATED AT FROST PARK, 300 NE 2ND STREET, DANIA BEACH, FL 33004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 11, 2025, the City of Dania Beach approved Resolution No. 2025-021, authorizing a license agreement with Rita Crockett Beach Sports Academy (RCBSA); and WHEREAS, RCBSA has started construction of “the Pit” at Frost Park, located at 300 NE 2nd Street, Dania Beach, FL 33004; and WHEREAS, the Pit consists of 8 sand volleyball, courts and a Beach Sport Complex that offers a variety of lifestyle beach sports ranging from beach volleyball, footvolley, beach tennis, beach flag football, which areas is more specifically identified as the 205’ by 170’ portion of the park area known as the Pit, more particularly described in Exhibit A; and WHEREAS, RCBSA now indicates that it needs to expand its footprint from the 205’ by 170’ to 200’ by 215’; and WHEREAS, the Administration is seeking City Commission authorization to allow the expanded footprint, which would require an amendment to the License Agreement. 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 City approves the appropriate officials to execute the First Amendment to the license agreement with Rita Crockett Beach Sports Academy (RCBSA), which amendment is attached and incorporated by reference as Exhibit A to this resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2025-_____ PASSED AND ADOPTED on , 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 FIRST AMENDMENT TO THE EXISTING LICENSE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND RITA CROCKETT BEACH SPORTS ACADEMY This is the First Amendment (the “Amendment”) to the License Agreement (the “Agreement”) existing between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”) and RITA CROCKETT BEACH SPORTS ACADEMY, "RCBSA", a Florida not-for profit corporation and Federally recognized 501(C)(3) nonprofit organization (“RCBSA” or "Licensee"). This Amendment amends and modifies that License Agreement (“Agreement”) dated June 12, 2025 made and entered into by the parties hereto as follows: 1. ARTICLE 1, entitled “LICENSE” at Section 1.01. License is amended to reflect a new enlarged licensed area, in a New exhibit B, for exclusive of the area for the “Pit”, a sand volleyball, 8 court Beach Sport Complex that offers a variety of lifestyle beach sports ranging from beach volleyball, footvolley, beach tennis, beach flag football and more, and locating eight (8) courts with a sitting area and concession stand at Frost Park, more specifically identified as the now enlarged are of 200’ x 215’ portion of the park area known as the Pit, more particularly described in modified Exhibit A. This area shall be identified as the “Licensed Area” in this Agreement. 2. All other provisions of the Agreement remain in full force and effect, other than any provision that conflicts with the terms and spirit of this Addendum, which shall be deemed to be amended appropriately in order to be consistent with this Agreement. 3. Except as may be contrary to the express terms of this Addendum, performance of this Addendum by both parties shall be subject to the terms and conditions of the Agreement. SIGNATURES ON THE FOLLOWING PAGES IN WITNESS OF THE FOREGOING, the parties have executed this Addendum effective as of ______________________, 2025 . CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY LICENSEE: WITNESSES: Rita Crockett Beach Sports Academy, "RCBSA", a Florida not-forprofit corporation and Federally recognized 501(C)(3) nonprofit organization 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 ____________________________. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name IS S U E 5/ 9 / 2 5 DR A W N B Y Ke n W o o d s CL I E N T Cr o c k e t t A c a d e m y PR O J E C T Ri t a C r o c k e t t B e a c h S p o r t s A c a d e m y PR O J E C T N O . 56 4 Sa n d C o u r t E x p e r t s 35 8 1 6 P i n e g a t e T r a i l Eu s t i s , F L 3 2 7 3 6 Te l : 3 5 2 . 2 6 7 . 1 6 7 0 A.01 N BEACH VOLLEYBALL COURTS 8 COURT LAYOUT Not To Scale 8" WIDE x 16" TALL DECORATIVE CONCRETE WALL W/12"x1.5" CAP NEW FENCE 15'x20' SHADE STRUCTURE NEW FENCE NEW FENCE NEW FENCE FENCE OPENENING 10' GATE 12' FENCE OPENENING 25' 13'-6" 15' 169' 200' 12' 50' 70' 217'-0" FENCE IS 1" FROM WALL City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director SUBJECT: APPROVAL OF CHANGE ORDER WITH WSP INC. ASSOCIATED WITH THE LOCATION SHIFT OF PUMP STATION - SE DRAINAGE PROJECT/PHASE I Request: The Public Services Department (PSD) is requesting approval of change order (CO) with WSP in the amount of $49,797.70 for additional design engineering services required by the need to relocate the SE Drainage Project/Phase I (Project) stormwater pump station. Background: The pump station required for the Project was to be originally located beneath a swale abutting the side of a single-family home. The eastern section of the underground structure was to be situated inside the side yard/fence by several feet. The City undertook a fairly long and involved effort interacting with the impacted property’s resident in order to agree on setting up a permanent easement that would allow for future access to the pump station. Ultimately, the resident elected not to allow for the easement, requiring PSD to shift the pump station to the west. The shifting of the pump station location will require engineering design work, as it involves addressing conflicts with existing underground utilities, alternative access approaches, taking into account the roadway east of the swale, and other important considerations. The Project’s design engineering consultant, WSP Inc., has provided a comprehensive proposal to provide the required engineering design work. Given the Project’s schedule, the engineering work needs to start shortly so that the pump station installation can proceed and completion of Phase I of the project can be achieved in a timely manner. Budgetary Impact Funding for the not to exceed amount of $49,797.70 CO will be provided by the Stormwater “Prof. Services General” account no. 303-38-13-538-31-10. Upon approval of this request, a budget transfer will be processed from Stormwater “Prof. Services Engineering” Account No. 403-38-01-538-31-30 into the Stormwater “Prof. Services General” Account No. 303-38-13-538- 31-10. Recommendation PSD recommends approval of the CO from WSP for additional design an engineering services. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING ADDITIONAL FUNDING FOR A CHANGE ORDER RELATED TO THE SOUTHEAST DRAINAGE PROJECT – PHASE I WITH WSP INC. FOR AN AMOUNT NOT TO EXCEED FORTY- NINE THOUSAND SEVEN HUNDRED NINETY-SEVEN DOLLARS AND SEVENTY CENTS ($49,797.70); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the SE Drainage Project – Phase I (Project) requires a sub-grade stormwater pump station as of its key system components; and WHEREAS, the original placement of the pump station, as called for by the engineering design of the system, was to be located several feet inside the adjacent property owners side yard; and WHEREAS, the City made significant effort in working with the property owner to set up a permanent easement to allow for any necessary future access to the underground pump system; and WHEREAS, the property owner ultimately did not agree to grant the easement, requiring that the pump station be relocated towards the adjacent roadway, which in turn necessities additional engineering design work; and WHEREAS, WSP has provided a comprehensive proposal for the required additional engineering services, resulting in a change order, which item is attached as Exhibit “A” and incorporated into this resolution by this reference; and WHEREAS, PSD recommends the approval of the proposal as a change order to the Project. 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. 2 RESOLUTION #2025-_____ Section 2. That the City Commission authorizes the proper City officials to execute the change order with WSP Inc. for additional engineering design services for the SE Drainage Project – Phase 1 in an additional amount not to exceed Forty-Nine Thousand Seven Hundred Ninety-Seven Dollars and Seventy Cents ($49,797.70), which proposal is attached as Exhibit “A” and incorporated into this resolution by this reference. Section 3. That funding will be appropriated from the Stormwater “Prof. Services General” Account No. 303-38-13-538-31-10. Upon approval of this request, a budget transfer will be processed from Stormwater “Prof. Services Engineering” Account No. 403-38-01-538- 31-30 into the Stormwater “Prof. Services General” Account No. 303-38-13-538-31-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 WSP USA Suite F 7255 Corporate Center Drive Miami, FL 33126 Tel.: +1 305 514-3100 Fax: +1 305 261-5735 July 9, 2025 Via email: sschutten@daniabeachfl.gov Mr. Sean Schutten Deputy Public Services Director 1201 Stirling Road Dania Beach, FL 33004 RE Southeast Drainage Improvements Phase 1 Design Services During Construction Amendment - Pump Station Realignment Dear Mr. Schutten, The City of Dania Beach has requested the Consultant (WSP USA Inc.) to provide an alternative location for the proposed stormwater pump station to avoid the need of a temporary construction easement. The design was adopted with the understanding that constructability would be executed with use of the temporary easement. Due to the limited right of way, the most feasible option is to re-align the proposed pump station closer to the roadway and shift the proposed electrical platform foundation away from the right of way. SCOPE OF SERVICES Based on our understanding of the issue, please find below a detailed description of the proposed scope of work associated with this amendment. Task 1- Utility Coordination – Potential Conflict Resolution WSP will review all existing utilities and existing drainage system constructed up to date around the new pump station, analyze potential conflicts and provide conflict avoidance solutions as required. WSP will review the alignment of the proposed 24” storm force main which near the treatment structure and will realign it as required. WSP will also examine the proximity to the station in reference to the right of way. Task 2 -Pump Relocation Analysis WSP will coordinate with the contractor to examine constructability of the coffer dam and installation of the structures with minimum impact to the adjacent property. Due to limited space between the right of way and the existing edge of pavement, the proposed underground structures relocation will fall partly under the pavement with a portion of the top slabs within the southbound travel lane. WSP will create cross sections for each of the four underground structures showing critical distances from right of way, pavement and utilities. The top slabs will be sloped to match the roadway cross slope creating a variable slab thickness with the top part of the slab matching the road cross slope and the bottom matching the flat bottom structure. WSP will provide coordinates for correct location of pump station. In addition, portion of the proposed access hatches for the wetwell and valve box structures will also fall within the travel lane creating an undesirable condition. Over time, hatches located within travel lanes create undesirable noise as traffic goes over them. See preliminary plan in Exhibit A. The City of Dania Beach recommends that this condition be avoided. WSP will analyze two options: 1. Realign the roadway so the proposed hatches will fall outside of the travel lane OR 2. Reduce the size of the hatches to minimize or avoid shifting the travel lanes. WSP will review the WSP USA Suite F 7255 Corporate Center Drive Miami, FL 33126 Tel.: +1 305 514-3100 Fax: +1 305 261-5735 current shop drawings for the pumps and valves and evaluate reducing the size of the hatches or provide alternate access solutions such traffic rated manhole covers. WSP will also provide a new roadway alignment in case the road will still need to be shifted away from the proposed hatches. Deliverables Location Coordinates of new station location Revision of Plan Sheets • Civil - C104.02, C108.2 • Roadway Plans - RD-20, RD-21, RD-42, RD-43, PS-01, UI-04, M-1 Task 3 Structural Analysis This will be performed by structural design engineers, subconsultant Conemco. Conemco Proposal attached in Exhibit A. Deliverables – Revision of Plan Sheets Structures Civil - C104.02, C108.2S-200, S-202, S-203, S-500 COMPENSATION WSP will perform the work as specified in this scope of services for a total lump sum fee of Forty-Nine Thousand, Nine Hundred and Seventy-Nine Dollars and Seventy Cents. ($49,979.70). A breakdown of the hours by task are provided below. Task No. Description Cost 1 Utility Coordination $10,017.53 2 Pump Station Relocation /Roadway Conflict Analysis $36,780.17 3 Structural Design Adjustments $3,000.00 Total 49,797.70 DELIVERY SCHEDULE WSP proposes to complete analysis and re-design within four weeks of approval. ASSUMPTIONS, EXCLUSIONS AND LIMITATIONS Permit fees – Assumption is that Broward County permits will not be required Mot design not included Irrigation design Landscape design Soft digs for utility verifications Environmental Engineering Services Signalization analysis and design ROW acquisition/Perpetual easements WSP USA Suite F 7255 Corporate Center Drive Miami, FL 33126 Tel.: +1 305 514-3100 Fax: +1 305 261-5735 CLOSURE We appreciate your consideration and look forward to the continued success of the project. If this proposal is acceptable to you, please sign below as your formal authorization to proceed and return a copy for our files. If you have questions, please call us at 305-514-3100. Sincerely, Judeen Johnson WSP Project Manager AUTHORIZATION Receipt of this proposal, including the General Terms and Conditions annexed hereto, is hereby acknowledged and all of the terms and conditions contained therein and accepted. Approved City of Dania Beach ______________________________________________ ________________ Name/Title Date WSP USA Suite F 7255 Corporate Center Drive Miami, FL 33126 Tel.: +1 305 514-3100 Fax: +1 305 261-5735 EXHIBIT A S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE BE WV C W W S 33006 33007 33008 30 1 7 30 1 8 SE 3 TERR. SE 3 A V E . S-21 S-72 S-88 S-29 S-70 IW-1 PROPOSED TRANSFORMER ON CONCRETE PAD PROPOSED SWITCHGEAR FLOOR 5.5FT ABOVE GROUND LEVEL ACCESS STAIR TO A SWITCHGEAR FLOOR STAIRCASE ACCESS CONCRETE SLAB INLET STRUCTURE PUMP STATION WET WELL STRUCTURE TREATMENT UNIT 24-INCH FORCE MAIN SIDEWALK SIDEWALK R/W R/W R/W R/W 24-INCH FORCE MAIN R/W VALVE BOX 8-INCH EMERGENCY BYPASS LINE 8-INCH RMJ VALVE 24"x8" RMJ TEE 8-INCH QUICK DISCONNECT TRAVEL LANE ENCROACHMENT TRAVEL LANE ENCROACHMENT WSP USA INC. 7650 CORPORATE CENTER DR. SUITE 300, MIAMI, FL 33126 (305) 514-3100 - WSP.COM Cert. of Authorization No. 1462 Miami, Broward, Palm Beach & New York | 888-536-1536 | 786-888-2002 |info@conemco.com | www.conemco.com July 7, 2025 Proposal No. 250705 WSP USA 7255 Corporate Center Drive, Suite F, Miami, FL 33162 Attention to: Judeen Johnson, South Florida Water Leader | M.: (954) 802 9735| E.: Judeen.Johnson@wsp.com Dear Ms. Johnson, Conemco Engineering Inc. dba Conemco Consultants is pleased to submit our proposal for engineering services for the SE Drainage Project - Pump Station Design located at SE 3rd Ave. - SE 5th Street, Dania Beach, FL 33004. 1.0 SCOPE OF WORK Update the structural drawings and calculations of Pump Station (PS) 1 and PS 2 design prepared by Conemco Engineering Inc. dba Conemco Consultants, dated January 28, 2022, and revised on February 2, 2025, for the project located at the above-referenced address. The proposed updates will include the following: • Adjustment of platform footings. • Adjustment of the top slab of the wet well and valve box to allow for construction at the limited easement location. 2.0 FEES Structural Drawings and Calculations $3,000.00 Terms of payment: Upon acceptance of proposal $ 1,800.00 Upon drawings submittal $ 1,200.00 NOTES: • Client to provide Architectural CAD drawings, PDF and/or microfilms (if applicable). • The drawings will be developed in CAD format for internal use and delivered to the client in PDF format. • If requested, CAD files will be provided solely for the client’s internal use and shall not be shared, distributed, or modified. • Any RFI for design clarification is included. • This proposal is valid for six months. • If work on the project is commenced but not completed, payment shall be made in accordance with the percentage of work completed. • If after completion and submission to the client of the 100% contracted scope of work, the project is changed, stopped, or not submitted to the Building Department due to circumstances beyond the control of this firm, client is obligated to pay the full contract price. • Any modification to the design, after initial coordination and not generated by agencies having jurisdiction will be billed additionally. • Any additional work outside the scope would be negotiated separately. Miami, Broward, Palm Beach & New York | 888-536-1536 | 786-888-2002 |info@conemco.com | www.conemco.com • Responses to any Building Department Comments are included: In case the plans are returned by the building department with comments, response to such comments will be done by Conemco Engineering Inc. dba Conemco Consultants at no additional cost to the client. However, we will not be responsible for any fees that the Building Department charges for documents being re-submitted for review. These fees are not included in this proposal. The owner will be responsible for paying such fees. 3.0 EXCLUSIONS • Architectural/Landscape/Civil/MEP Drawings/Renders. • This proposal does not include any test or exploration of any existing structure. • Construction administration services, such as submittal review, site inspections, and/or request for new design or alternative products or specifications will be charged additionally at a rate of $150.00/per hour. • Cost of laboratory services for any machine testing, soil exploration, and concrete testing. • Design and production of shop drawings for shoring, bracing, form work and any specialty engineering item such as: pre-cast double tees, structural steel, reinforcing steel, hollow core slabs, prefabricated trusses, railings, fence, etc. • Permit process: plans processing and expediting. Permit fees. • Courier services, overnight deliveries, travel expenses, etc. • Site inspections not otherwise included in the scope of work. • Inspections during the construction/repair/demolition process. • Construction support and cost estimate services. • Tests, Survey, Zoning discrepancies and other documents required by the Building Department and any other agencies of existing condition are under owner’s expense and responsibility. • Any fees charged by any other specialized consultant. • Any work outside the scope of work or any other items not specifically detailed as included in this proposal. 4.0 SUBMITTAL OF WORK Conemco estimates the drawings will take approximately up to 5 weeks to be completed; after receiving formal approval and all required documentation or information. The estimated time does not include waiting time from reviewers, modifications, and/or city or any administration review. We appreciate the opportunity and look forward to doing business with you. Sincerely, ___________________ Jose A. Compres P.E. READ, AGREED and ACCEPTED this ______ day of _________________, 2025. BY: _______________________________ ______________________________ Signature Print Name City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten P.E., Deputy Public Services Director/City Engineer SUBJECT: AUTHORIZATION TO ENTER INTO A STATE HIGHWAY MAINTENANCE AND COMPENSATION AGREEMENT (AS19) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) Request: The Public Services Department (PSD) is requesting authorization to enter into an agreement with FDOT for compensation to maintain specific State roads’ streetlights within the City of Dania Beach. Background: FDOT policy is to partner with local jurisdictions for the maintenance of streetlights along State roads with the host municipality. The City of Dania Beach maintains 362 lights on FDOT roadways. This partnership is implemented via an agreement between FDOT and the municipality. The agreement is updated from time to time to account for changes in the number of lights and provisions such as the compensation rate to the City (per light basis). The present agreement is similar to the previously authorized one from approximately four years ago, with the main changes listed below: • 5 additional lights added. • Incorporates a 3 percent annual increase in the compensation rate to the City. • Specified a 7-year contract period, providing the City with a termination option via a two-year advance notice. Budgetary Impact The City will be compensated a total of $125,918.18 for the first year of the agreement period, with a three percent annual increase on the per streetlight rate. Funding for this agreement will be appropriated from the Streets “Contractual Services General” Account No. 001-39-06-541-34- 10. Upon approval of this request, a budget transfer will be processed from the Streets “Utility Services Electricity” Account No. 001-39-06-541-43-20 in the amount of $88,111.68 into the Streets “Contractual Services General” Account No. 001-39-06-541-34-10. Recommendation PSD recommends the execution of the agreement with FDOT for State Highway Lighting Maintenance and Compensation Agreement (AS19). RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A STATE HIGHWAY LIGHTING MAINTENANCE AND COMPENSATION AGREEMENT (ASM19) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a significant number of FDOT owned streetlights on state roads within its boundaries; and WHEREAS, FDOT and the City have partnered in the maintenance of 352 streetlights along State roadways within Dania Beach for several years: and WHEREAS, by entering into past agreements calling for the City to provide maintenance to streetlights and associated system components in exchange for compensation from FDOT, the lights have been reliably maintained; and WHEREAS, FDOT has updated the agreement with the main changes being the provision of an annual three percent compensation increase to the City, specifying a contract period of seven years, and adding five streetlights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute the State Highway Lighting Maintenance and Compensation Agreement (AS19) an agreement with FDOT for the City’s provision of maintenance of streetlights along State roads within the City. Section 3. The compensation for the maintenance of the streetlights, expected to be $125,918.18 for the FDOT fiscal year, will be deposited in Account No. 001-39-06-541-34-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2025-_____ PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 02/21 Page 1 of 8 CONTRACT NO. ASM19 FINANCIAL PROJECT NO. 405118-2-78-04 F.E.I.D. NO. F596000302005 THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT”, and City of Dania Beach , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as “Facilities”, are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. 375-020-52 MAINTENANCE OGC – 02/21 Page 2 of 8 c. All maintenance must be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY’s obligation to maintain the Facility commences upon the MAINTAINING AGENCY’s receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power commences at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT’s contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. The effective date of the termination will coincide with the end of the FDOT’s fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment for the FDOT shall pay to the MAINTAINING AGENCY a sum of $ 125,918.08 fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY’s authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys’ fees and litigation costs incurred in its recovery activities. 375-020-52 MAINTENANCE OGC – 02/21 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services. FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Chief Financial Officer’s Hotline, 1-800-848-3792. The State of Florida’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time may FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by FDOT or the public. b. Pursue any other remedies legally available. c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. 375-020-52 MAINTENANCE OGC – 02/21 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by FDOT. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail, or express mail and will be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: City of Dania Beach 100 W Dania Beach Boulevard Dania Beach, FL 33004 FDOT: Florida Department of Transportation, District 4 District Maintenance Office 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 f. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 375-020-52 MAINTENANCE OGC – 02/21 Page 5 of 8 h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. i. Nothing herein shall be construed as a waiver of either party’s sovereign immunity. j. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. 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 term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to FDOT, upon request from FDOT’s custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by FDOT 375-020-52 MAINTENANCE OGC – 02/21 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 863-519-2623 D1prcustodian@dot.state.fl.us Florida Department of Transportation District 1 – Office of General Counsel 801 N. Broadway Bartow, FL 33830 District 2 386-758-3727 D2prcustodian@dot.state.fl.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025 District 3 850-330-1391 D3prcustodian@dot.state.fl.us Florida Department of Transportation District 3 - Office of General Counsel 1074 Highway 90 East Chipley, FL 32428 District 4 954-777-4529 D4prcustodian@dot.state.fl.us Florida Department of Transportation District 4 – Office of General Counsel 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 District 5 386-943-5000 D5prcustodian@dot.state.fl.us Florida Department of Transportation District 5 – Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 District 6 305-470-5453 D6prcustodian@dot.state.fl.us Florida Department of Transportation District 6 – Office of General Counsel 1000 NW 111 Avenue Miami, FL 33172-5800 District 7 813-975-6491 D7prcustodian@dot.state.fl.us Florida Department of Transportation District 7 - Office of General Counsel 11201 N. McKinley Drive, MS 7-120 Tampa, FL 33612 Florida’s Turnpike Enterprise 407-264-3170 TPprcustodian@dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike – Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 Central Office 850-414-5355 COprcustodian@dot.state.fl.us Office of the General Counsel Florida Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 02/21 Page 7 of 8 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled “Changes to Form Document” and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled “Changes to Form Document." You MUST signify by selecting one of the applicable options: No changes have been made to this Forms Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Printed Name: ) (Printed Title: ) Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Printed Name: Paul A. Lampley, P.E. ) Date: (Printed Title: Director of Transportation Operations ) FDOT Legal Review BY: (Signature) Counsel Date: (Printed Name: Elizabeth S. Quintana ) 375-020-52 MAINTENANCE OGC – 02/21 Page 8 of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT For Fiscal Year 2025-2026 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the services described in this Agreement and method by which payments will be made. 2.0 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. See below spreadsheet. 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of $347.84 in fiscal year 2026 shall increase to $358.28 in fiscal year 2027. Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and ___%. Example: 330 (lights) x $ (unit rate) x 0.90 (90% requirement) = $ 0.00 Type of Light # of lights LED or HPS Unit rate 0.00% Total High Mast HPS 0.00 0.00 0.00 Standard HPS 0.00 0.00 0.00 Underdeck HPS 0.00 0.00 0.00 Sign HPS 0.00 0.00 0.00 High Mast LED 0.00 0.00 0.00 Standard LED 0.00 0.00 0.00 Underdeck LED 0.00 0.00 0.00 Sign LED 0.00 0.00 0.00 City of Dania From To NB US-1 from Sheridan St. to Stirling Rd. 5 US-1 4.156 5.948 Dania E SB US-1 from Stirling Rd. to Sheridan St. 5 US-1 4.156 5.948 Dania W NB A1A from east side of Dania Bridge to US-1 A1A SR-A1A 6.470 7.478 Dania E SB A1A from US-1 at Dania Beach Blvd. to the east side of the Dania Bridge A1A SR-A1A 6.470 7.478 Dania W EB Griffin Rd. from FL Tpke to SW 40 Ave.818 Griffin Rd.6.822 7.177 Dania S EB Griffin Rd. from SW 40 Ave. to US-1 818 Griffin Rd.7.542 10.745 Dania S WB Griffin Rd. from US-1 to SW 40 Ave.818 Griffin Rd.7.542 10.745 Dania N EB Stirling Rd. from I-95 to US-1 848 Stirling Rd.5.960 6.753 Dania S WB Stirling Rd. from East of Park Road to I-95 848 Stirling Rd.4.820 6.753 Dania N WB SR 84 from just W. of The SR 84 Bridge to just east of the SR 84 Bridge 84 Marina Mile 16.664 17.437 Dania M WB Sheridan St. from W. Lake Dr. to Dixie Hwy 822 Sheridan St. 3.547 4.940 Dania N WB Sheridan St. from W. Lake Dr. to Dixie Hwy 823 Sheridan St. 3.547 4.940 Dania N WB Sheridan St. from W. Lake Dr. to Dixie Hwy 824 Sheridan St. 3.547 4.940 Dania N WB Sheridan St. from W. Lake Dr. to Dixie Hwy 825 Sheridan St. 3.547 4.940 Dania N Limits Total No. of PolesState Road Local Name Mile Post City Side 362 City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: Authorization to execute an agreement with Chen Moore and Associates, Inc. for Request for Qualification (RFQ) No. 25-004 Resiliency Plan (re-issued). Request: The Community Development Department "Department" is requesting the adoption of a resolution authorizing to execute an agreement with Chen Moore and Associates, Inc. for the creation of the City's Resiliency Plan. Background: The City advertised Request for Qualifications ("RFQ") No. 25-004 entitled "Resiliency Plan" on the City of Dania Beach's website, OpenGov, and in the local newspaper on February 6, 2025. Responses were due by March 3, 2025 and the Selection Committee met on March 21, 2025, to evaluate and rank the proposals. On April 22, 2025, the City Commission approved the ranking of responding firms identifying Chen Moore and Associates, Inc. as the preferred consultant to allow the City to begin negotiations. Over the past three months, staff has been working with Chen Moore and Associates, Inc., and their subconsultants to identify a detailed scope of service, including inter-departmental coordination, public engagement, timeframe for completion and cost. The scope identifies completion in 180 days and contract price of One Hundred Thousand Thirty-Eight Dollars ($100,038.00). The Resiliency Plan will serve as the City's sustainability action plan to recommend near term . actions and strategies, policy recommendations and identify future activities to support a sustainable implantation of the City's Resiliency Plan. These strategies are in line with the City's recent pledge for Net Zero Initiatives while reducing greenhouse gas emissions. Budgetary Impact Funding in the amount of One Hundred Thousand, Thirty-Eight Dollars ($100,038.00) has been budgeted and shall be appropriated from the City's General Fund Account No. 001-15-01-515- 31-10. Recommendation The Community Development Department recommends the City Commission award RFQ No. 25-004 to Chen Moore and Associates, Inc. and authorize the proper City officials to execute an agreement for the creation of a resiliency plan. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. FOR CREATION OF A RESILIENCY PLAN, RELATED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City proposed and advertised Request for Qualifications (“RFQ”) No. 25-004 entitled “Resiliency Plan” on the City of Dania Beach’s website, OpenGov, and in the local newspaper on February 6, 2025, responses were due by March 3, 2025; and WHEREAS, the Selection Committee met on March 21, 2025, to evaluate and rank the proposals; and WHEREAS, based on the Committee’s scores, it was determined that Chen Moore and Associates, Inc. was the most responsive and responsible proposer; and WHEREAS, the Community Development Department recommends that the City Commission award RFQ No. 25-004 to Chen Moore and Associates, Inc. and authorize the proper City officials to execute an agreement for the planning services for the creation of a resiliency plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Resolution. Section 2. That the City Commission awards RFQ No. 25-004 to Chen Moore and Associates, Inc., and further authorizes the proper City officials to execute a final agreement for the services of creating the City’s Resiliency Plan, which agreement is attached as Exhibit “A” and incorporated by reference into this Resolution. Section 3. That the funds are budgeted each fiscal year and are available and appropriate in the General Fund Account No. 001-15-01-515-31-10 Section 4. That the City is authorized to exceed the One Hundred Thirty-Eight Thousand Dollar ($100,038.00) vendor threshold for the services for all years that the agreement is in effect. Section 5. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 2 RESOLUTION #2025-_____ Section 6. That this resolution shall be effective l0 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 1 PROFESSIONAL SERVICES AGREEMENT This Agreement (“Agreement”), dated ________________________, 2025, is made by and between the CITY OF DANIA BEACH, with an address of 100 W. Dania Beach Boulevard, Dania Beach, Florida 33304 (the “City”) 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 CHEN MOORE AND ASSOCIATES, INC. (the “Consultant”), a Florida corporation with a local address of 500 West Cypress Road, Suite 600, Fort Lauderdale, Florida 33309. The Consultant submitted its Proposal dated July 1, 2025 (the “Proposal”) attached as Exhibit “A” and is incorporated into this Agreement by this reference.in response to the City’s Request for Qualifications (“RFQ”) No. 25-004, entitled “RESILIENCY PLAN (RE-ISSUE)”, which RFQ is attached as Exhibit “B” and is incorporated into this Agreement by this reference. SECTION 1 – SCOPE OF SERVICES The scope of services, deliverables, and the total fee breakdown for completing the professional services (“Professional Services”) are outlined in Exhibit “A”. SECTION 2 – COMPLETION SCHEDULE 2.1 Project Schedule The Consultant agrees to complete all Tasks outlined in Exhibit “A” and deliver the required documents to the City in both hard copy and digital formats. This will be done in accordance with the timelines specified in the Proposal for the completion of each Task, as detailed in the Proposal. 2.2 Delay 2.2.1. The Professional Services will be carried out in accordance with the Project schedule or as modified by a written agreement signed by both parties. If the Consultant experiences a delay in completing the Tasks outlined in the Scope of Services due to an act, omission, or negligence by the City, any separate consultant, or contractor hired directly by the City, or due to circumstances beyond the Consultant's control and without any fault or negligence on the part of the Consultant, the Consultant must provide written notice of the delay to the City within five (5) working days from the date the delay began. Provided that the Consultant has timely notified the City of the delay and the City has confirmed that an actual occurrence beyond the Consultant's control has taken place, the City agrees to amend the schedule in writing. This amendment will account for the time lost due to the delay and will be determined at the City’s sole discretion. This extension of time will be the Consultant's only remedy for such a delay. 2 2.2.2. The Consultant acknowledges responsibility for any delay damages incurred by the City due to the Consultant's negligent, reckless, or intentionally wrongful actions or inactions. If the City experiences or reasonably believes it will experience actual delay damages as a result of the Consultant's actions or inactions, the City has the right to terminate this Agreement with five (5) days' written notice. This decision shall be made at the City's sole discretion, which must be exercised reasonably and in good faith. Such termination shall not be considered a breach of this Agreement by the City. SECTION 3 - PROFESSIONAL SERVICES FEE & EXPENSES 3.1 Compensation. The total amount paid by the City to the Consultant for all Professional Services provided by the Consultant and any subcontractors under this Agreement shall not exceed the lump sum stated in the Proposal, which is One Hundred Thousand Thirty-Eight Dollars ($100,038.00). This amount covers all reimbursable expenses related to the Tasks outlined in the Scope of Services and will be the only payment made to the Consultant. However, the City will reimburse the Consultant for all document reproduction costs incurred for submittals to the City. 3.2 Supporting Documents. The Consultant must keep thorough and organized records for all invoiced out-of-pocket expenses. This includes retaining copies of paid receipts, invoices, or any other documentation that the City considers acceptable. This documentation should be sufficient to demonstrate that the costs were incurred and were necessary for carrying out the Professional Services. 3.3 Invoices. 3.3.1 Invoices must identify the PO number and Contract Number. 3.3.2 Submit by email. Invoices shall be emailed to: ap@daniabeachfl.gov Alternatively, invoices may be mailed to: City of Dania Beach Accounts Payable, 100 W. Dania Beach Boulevard Dania Beach, Florida 33004. And shall be concurrently emailed to the designated City’s Representative 3 3.3.3 Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the City. 3.3.4 Invoices received from Consultant pursuant to this Agreement shall be reviewed and are subject to the prior approval of the City to determine if services have been rendered in conformity with this Agreement. 3.4 Payment. 3.4.1 Electronic Deposit. The City will make payment by electronic deposit (ACH) based on the directions provided to the City from Consultant. 3.4.2. The Fee shall be paid in accordance within thirty (30) days and upon acceptance of deliverables satisfactory to the City and receipt of a proper invoice from Consultant. 3.4.3. Payment of Fees will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides for prompt payment, interest payments, and dispute resolution provided detailed invoices are submitted in compliance with the terms of this Agreement. 3.4.4. No payment made under this Agreement shall serve as conclusive evidence of the Consultant's performance of this Agreement, whether in whole or in part. Additionally, no payment shall be interpreted as an acceptance of the work or as a release of the Consultant's liability for any defective, faulty, or incomplete delivery of the Professional Services. 3.5 Final Invoice To ensure both parties can finalize their accounts, the Consultant must submit the final invoice within four (4) months after the completion of all Professional Services. This final invoice should be clearly marked as "Final Invoice." By doing so, the Consultant certifies to the City that all Services have been properly completed and that all related charges and costs have been invoiced. Any requests for reimbursement or payment of fees that are not included in the final invoice or that are submitted after the four-month period following the completion of the Professional Services will be waived by the Consultant. SECTION 4 - TERM 4.1 Term. This Agreement will begin on the date it is fully executed and will continue until the Tasks and Deliverables outlined in the Proposal are deemed satisfactory by the City and have been delivered. 4.2 Surviving Provisions. 4 The indemnity provisions, insurance provisions, right to audit, and all covenants, agreements, and representations made in this Agreement, as well as any written representations made by the Consultant regarding the disclosure or ownership of documents, will remain in effect even after the Agreement expires or is terminated. SECTION 5 - MODIFICATIONS TO THE SCOPE The City reserves the right to modify the Scope of Services at any time, which may include changes, reductions, or additions. When the Consultant receives notification from the City regarding a potential change, the Consultant must, in writing: 1. Provide a detailed estimate of any increase or decrease in the Consultant’s fee and other design costs that would result from the proposed change. 2. Inform the City of any estimated changes to the completion date. If the City requests in writing, the Consultant shall suspend work on the part of the Scope of Services affected by the proposed change until the City makes a decision on whether to proceed with it. If the City decides to implement the change, both parties will sign a written amendment to this Agreement, and the Consultant shall not begin any work related to the change until the amendment is executed. It is also understood that changes to Deliverables or revisions of studies that do not alter the overall estimated timeline shall be regarded as mere substitutions of work already included in the fee (“Substituted Services”). Substituted Services will not be considered compensable as additional expenses. If Substituted Services result in a reduction of the overall service time outlined in the Fee Schedule, this will lead to a proportional reduction in the fee. SECTION 6 - REPRESENTATIONS OF THE CONSULTANT 6.1 Authority. Consultant hereby represents to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 5 6.2 Duly Licensed. Consultant represents that it is duly licensed in Florida to perform the Professional Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 6.3 No Solicitation. Consultant represents that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by Consultant, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 6.4 Convicted Vendor List. Consultant represents that the execution of this Agreement will not violate Section 287.133, Florida Statutes and certifies that Consultant and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives, and any sub-consultants have not been placed on the Convicted Vendor List maintained by the State of Florida within 36 months prior to the submittal of the Proposal to under this RFQ. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from City's competitive procurement activities. 6.5 Discriminatory Vendor List. In accordance with Fla. Stat. Sec. 287.134, Consultant represents that it has never been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 6.6. Scrutinized Companies List. Pursuant to Fla. Stat. Sec. 287.135, Consultant represents that Consultant is not on the Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. Consultant further represents that it is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business activities in Sudan or Cuba. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from City's competitive procurement activities. 6 6.7 E-Verify. 6.7.1 In compliance with Section 448.095, Fla. Stat., Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of new employees hired by Consultant during the term of this Agreement. Consultant shall require all subcontractors performing services under this Agreement to verify the employment eligibility of new employees hired by the subcontractor during the term of this Agreement. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 6.7.2 The City, Consultant, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Consultant acknowledges that upon termination of this Agreement by City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. 6.7.3 Consultant or its subcontractor shall insert in any subcontracts the clauses set forth in this section and shall require subcontractors to include these clauses in any lower tier subcontracts. 6.8 Standard of Care. The standard of care for all Professional Services performed or furnished by the Consultant under this Agreement will be the care and skill ordinarily used by members of the Consultant’s profession practicing under similar circumstances. 6.9 Standard of Conduct. The implied covenant of good faith and fair dealing under Florida law is expressly adopted. 6.10 Compliance with Laws. In performing Professional Services under this Agreement, the Consultant must comply with all relevant federal and state laws, as well as any applicable County and City ordinances and regulations. 6.11 Ethics Provisions; No Conflicts of Interest. 6.11.1 Consultant represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement by payment or acceptance of a gratuity or offer of employment. 7 6.11.2 Consultant represents that it has not solicited this Agreement by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. 6.11.3 Consultant represents that it does not and will not employ, directly or indirectly, the mayor, members of the City commission or any official, department director, head of any City agency, member of any board, committee or agency of the City, or any other City employee without prior approval. 6.11.4 Consultant represents that it does not employ, directly or indirectly, any official of the City. Consultant represents that it does not employ, directly or indirectly, any employee or member of any board, committee or agency of the City who, alone or together with his household members, own at least five percent (5%) of the total assets and/or common stock of Consultant. 6.11.5 Consultant represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the City commission, any department director or head of any City agency, any employee of the City or any City agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Consultant or its business. 6.11.6 Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. The Consultant further represents that no person having any such interest shall be employed or engaged by it to provide the Professional Services. 6.11.7 Consultant, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship, business association or other circumstance which may influence or appear to influence Consultant’s exercise of judgment or quality of the Professional Services being provided under this Agreement. Consultant, its officers, personnel, subsidiaries and subcontractors shall not perform consulting work for any third party that would in any way be in conflict with the Professional Services to be provided to the City under this Agreement. 6.11.8 Consultant, its officers, personnel, subsidiaries and subcontractors shall not, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding unless compelled by court process. Further, Consultant agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City or in connection with any pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. 6.11.9 Consultant shall promptly notify the City in writing by certified mail of all potential conflicts of interest, or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that Consultant intends to undertake and shall request the opinion of the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Consultant. The City agrees to notify Consultant by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the 8 City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Consultant, the City shall so state in its opinion and Consultant may, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by Consultant under this Agreement. 6.11.10 In the event Consultant is permitted to utilize subcontractors to perform any services required by this Agreement, Consultant agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 6.12 Financial Capability. Consultant certifies that Consultant has not filed for bankruptcy in the past five (5) years and is financially able to provide Professional Services under this Agreement. Consultant further represents that it has no obligation or indebtedness that would impair its ability to meet the completion dates or schedules to be established by the Project Schedule and this Agreement. 6.13 No Felony or Fraud. Consultant certifies that neither Consultant nor any of Consultant’s principals have been indicted for or convicted of a felony or fraud. SECTION 7 – RESPONSIBILITIES OF THE CITY 7.1 Designation of Representative. The City agrees to designate an individual to act as the City’s representative with respect to the Professional Services to be rendered under this Agreement, provided that such representative shall not have the authority to amend or modify this Agreement. Such person shall have the authority to transmit instructions, receive information and define the policies and decisions of the City with respect to Consultant’s Professional Services. 7.2 Specification of City Requirements. The City agrees to provide information as to the City’s requirements for the Project or task or under this Agreement. 7.3 Items to be furnished upon the Consultant’s Request. The City’s designated representative will make reasonable efforts to provide the Consultant with the following information upon request, including previous reports, studies, and any other data related to the Project. 9 7.4 Attendance at Meetings. The City agrees that a representative will attend regularly scheduled Project progress meetings, when requested, at either the City or the Consultant’s local office. Additionally, the Consultant’s Project Manager or a key team member will attend all regularly scheduled community engagement meetings and Project coordination meetings. SECTION 8 – DOCUMENTS 8.1 Ownership of Documents. All deliverable documents, including technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files, and reports prepared or obtained under this Agreement, along with all collected data and any derived summaries or charts, will be classified as works made for hire. Upon payment of the associated fee by the City, these materials will become the exclusive property of the City without any restrictions or limitations on their use. The City will have access to these documents upon request and/or upon completion or termination of this Agreement. The City will not incur any additional charges for these documents and records. They will be provided in both hard copy and digital formats. Once delivered, the City will serve as the custodian of these documents in accordance with Chapter 119 of the Florida Statutes. The Consultant agrees not to copyright any materials or products, nor to patent any inventions developed under this Agreement. The Consultant specifically waives and releases all rights they may have in the materials, products, or inventions pursuant to 17 U.S.C. §§ 106A and 113(d). The Consultant acknowledges that this waiver and release, under 17 U.S.C. § 106A(e), shall apply to any and all foreseeable and unforeseeable uses of such materials, products, or inventions. Furthermore, the Consultant waives and assigns to the City all copyrights under 17 U.S.C. § 101 et seq., as well as all other rights related to the materials, products, inventions, and any works produced. If the City chooses to reuse the Consultant's prepared documents for purposes other than those specified in this Agreement, it will do so at its own risk, with no liability or legal exposure to the Consultant or its sub-consultants. 8.2 Obligation to Furnish Documents to the City. The Consultant must submit all documents and materials created for the City in connection with this Agreement, both in hard copy and digital format, for approval and acceptance. This submission is required before the Consultant is eligible for final payment of any amounts owed under this Agreement. 10 8.3 Consultant’s Records. Notwithstanding any other provision in this Section, Consultant shall be entitled to retain a copy of all plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for Consultant’s records only as is necessary for Consultant to document its Professional Services. Consultant acknowledges that plans, drawings, documents, and records related to the physical security of City facilities or security systems are exempt or confidential records and shall not be disclosed by Consultant, except as authorized by law and specifically authorized by City. SECTION 9 – RESERVED SECTION 10 – INSURANCE REQUIREMENTS 10.1 Insurance. The Consultant shall not commence services under an Agreement until it has obtained all insurance required under this paragraph and as required by the Agreement, and not until such time that the coverages are approved by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or any subcontractor to commence services 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, the Consultant shall be responsible for any and all policy deductibles and self-insured retentions. The following are requirements that must be met regarding the Consultant’s delivery of Certificates of Insurance for all coverages required in the Agreement and Proposal Documents: 10.1.1 “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Selected Proposer”, then the City has the right to consider the awarded Agreement to the successful Proposer as void and to negotiate a contract with the next best qualified Proposer. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. 10.1.2 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then the Consultant 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. 11 10.1.3 Coverages shall be in force until all services 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 Consultant 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 CONSULTANT AND ANY APPROVED SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES 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 RFQ DOCUMENTS CONCERNING DELAY. 10.1.4 Insurance Requirements: The Consultant shall secure and maintain throughout the duration of the Agreement, insurance of such types and in such amounts not less than those specified below as satisfactory to City naming the City as Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Consultant as it deems necessary or prudent. a) Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000.00 each. b) Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable state and federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide services pursuant to this RFQ who is not covered by Workers Compensation insurance. c) Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. d) Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 12 Coverage shall apply for a minimum of three years following completion of the services. The above are minimum requirements for projects up to $100,000.00. For projects over $100,000.00, the following increased limits are required: • General Liability: $2,000,000.00 Per Occurrence/$4,000,000 Aggregate • Automobile Liability: $2,000,000.00 • Professional Liability: $3,000,000.00 Per Occurrence SECTION 11 – STANDARD TERMS AND CONDITIONS 11.1 Consultants Competitive Negotiation Act. The parties confirm that the procurement of the Professional Services under this Agreement was the subject of the competitive selection and negotiation processes mandated by Section 287.055, Florida Statutes, unless specifically exempted from it. 11.2 Personnel; Staffing; Sub-contractors. 11.2.1 Independent Contractor Relationship. All persons employed by Consultant and engaged in any of the work or Professional Services performed by Consultant pursuant to this Agreement shall at all times be subject to Consultant’s sole direction, supervision, and control. Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects Consultant’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City, regardless of whether the Consultant’s personnel work on-site. Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than as may be specifically provided for in this Agreement. Consultant shall be responsible to the City for all Professional Services or work performed by Consultant or any person or firm engaged as a sub-consultant or subcontractor to perform work in fulfillment of this Agreement. 11.2.2 Personnel. The Consultant acknowledges that the CMA team will include Brizaga and Stantec. Additionally, the CMA project team identified during the Host Kickoff Meeting will remain assigned to the Project, unless the City specifically agrees to any changes. All personnel involved in providing the Professional Services will be fully qualified and, if necessary, licensed or permitted in accordance with all applicable federal, state, and local laws and regulations. 11.2.3 Non-Discrimination by Consultant. The Consultant represents that all of its employees and applicants for employment are treated equally without regard to race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age, disability, familial status, or marital status, and that in providing services, Consultant does not discriminate with regard to any of the aforementioned factors. 13 11.2.4 Prohibited Persons. Neither Consultant nor any of its respective officers, directors, shareholders, partners, members or affiliates (including without limitation indirect holders of equity interests in Contractor) is or will be an entity or person subject to the provisions of Executive Order 13224, as amended, or is subject to sanctions of the United States government or is in violation of any federal, state, municipal or local laws, statutes, codes, ordinances, orders, decrees, rules or regulations relating to terrorism or money laundering, or who is otherwise affiliated with any entity or person listed above. 11.2.5 Selection of Sub-Contractors. The Consultant must obtain prior written approval from the City for each proposed subcontractor. The City reserves the right to reject any specific subcontractor to perform under this Agreement. If there is a need to replace a subcontractor in order to complete their portion of the services, the Consultant shall do so promptly. This replacement is also subject to the City’s prior written approval and acceptance of the new subcontractor, which shall not be unreasonably withheld. 11.3 State Taxes. Consultant understands that in performing the Professional Services for the City, Consultant is not exempt from paying sales tax to Consultant’s suppliers for materials required for Consultant to perform under this Agreement. Consultant shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials. 11.4 Availability of Funds. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. By law, the City shall not expend any money under any contract in excess of the amounts budgeted for such expenditure during the specific fiscal year. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of agreements with a term of more than one year, but any agreement so made shall be executory only for the value of the Professional Services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Consultant. The City shall be the sole and final authority as to the availability of funds. 11.5 Reserved. 11.6 Public Records Law. 11.6.1 Consultant shall comply with Chapter 119, Florida Statutes, regarding public records. Consultant shall keep and maintain all documents, correspondence, reports, computer files, emails, plans, drawings, calculations, technical specifications, sketches, photographs, videos, illustrations, tracings, specifications, maps, etc., prepared in order to perform the services under this Agreement. 14 11.6.2 Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed. Records that are exempt or confidential and exempt from public records requirements may include plans, drawings and records related to the physical security of City buildings or security systems and shall not be disclosed by Consultant, except as authorized by law and specifically authorized by City. 11.6.3 A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant shall provide the records to the City or allow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must be provided to the City, upon request, in a format that is compatible with the information technology systems of the City. Failure of the Consultant to provide public records to the City within a reasonable time or allowable cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for termination of the Contract by the City, in addition to any other remedies available under the Contract or by law. 11.6.4 Upon completion of the Agreement, Consultant shall transfer, at no cost, to the City all public records in possession of Consultant. Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, ELORA RIERA, WHO IS THE CITY’S CUSTODIAN OF PUBLIC RECORDS, AT: Office of the City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 954-924-6800, Ext. 3623 Eriera@daniabeachfl.gov 11.7 Confidentiality Consultant agrees that it will make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the City and securing its consent in writing. 11.8 No Pledge. Consultant shall not pledge the City’s credit or attempt to make the City a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any other form of indebtedness. 15 11.9 Indemnification. Consultant agrees to indemnify and hold harmless the City, its officers, agents and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of Consultant and any other persons employed or utilized by Consultant in provision of the Professional Services under this Agreement. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABLE FOR NEGLIGENCE. To the extent considered necessary by the City, any sums due Consultant under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Consultant to indemnify the City for the negligence or intentional acts of the City, its employees or agents. Nothing in this Agreement shall be deemed to be a waiver of the City’s sovereign immunity under Section 768.28, Florida Statutes and City and Consultant also agree that any liability of City under this Agreement shall be limited to the amounts established in Section 768.28, Florida Statutes. This clause shall survive the expiration or termination of this Agreement. 11.10 Force Majeure Any deadline provided for in this Agreement may be extended, as provided in this paragraph, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with, or as agreed in writing between the parties, provided that the party so affected shall demonstrate and proceed with efforts to remedy or remove such causes of non- performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 11.11. Termination. 11.11.1 Either party may terminate this Agreement for cause in the event that: (1) the other party violates any material provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of its obligations hereunder, upon written notice to said defaulting party five (5) calendar days prior to termination. 11.11.2 In the event this Agreement is terminated by the City for cause, the City may take over the Professional Services and complete them by contracting with another consultant (s) or otherwise, and in such event, Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. “Additional Cost” is defined as the difference between the actual cost of completion of such incomplete Professional Services and the cost of completion of such Professional Services which would have resulted from payments to Consultant had this Agreement not been terminated. 16 11.11.3 The City shall have the right to terminate this Agreement, in whole or in part, without cause, upon five (5) days written notice to Consultant, when the City determines that continuation of this Agreement would not produce beneficial results commensurate with the expenditure of public funds. 11.11.4 The City reserves the right to cancel this Agreement for failure by the Consultant to comply with the Public Records provisions of Chapter 119, Florida Statutes. 11.11.5 Upon termination, Consultant shall immediately assemble and deliver all documents, drawings, signed and sealed drawings, Construction Documents, Technical Specifications, CADD files, calculations, specifications, correspondence, testing and materials information, warranties, manuals, written information, electronic data and all other materials in its possession concerning the Professional Services under this Agreement and City projects to the City. 11.11.6 In the event of termination, Consultant, upon receipt of the notice of such termination, shall: (1) stop the performance of the Professional Services on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts except as may be necessary for completion of any portion(s) of the Professional Services not terminated and as authorized by the written notice; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Professional Services terminated by the notice of termination; (4) transfer title to the City (to the extent that title has not already been transferred) and deliver according to the manner, at the times, and to the extent directed by the City, all property purchased under this Agreement and reimbursed as direct items of cost and not required for completion of the services not terminated; (5) promptly assemble and deliver as provided above all documents related to this Agreement; (6) promptly complete performance of any Professional Services not terminated by the notice of termination and/or cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 11.11.7 In the event of termination, the City shall compensate Consultant for all authorized Professional Services satisfactorily performed through the termination date, and for costs incurred, under the payment terms contained in this Agreement. In the event of Termination for Cause, no payments to Consultant shall be made (1) for Professional Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement. In no event shall City be obligated to compensate Consultant for lost profits, or any resulting or consequential damages. 11.11.8 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability under this Agreement, except that the provisions of this section and the provisions regarding termination, the right to audit, property rights, insurance, indemnification, governing law and litigation shall survive termination of this Agreement and remain in full force and effect. 11.12 Communications and Notice. 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 17 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 Consultant: Jennifer Smith, Principal Engineer. Chen Moore and Associates, Inc. 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, Florida 33309 11.13 Performance of Government Functions. Notwithstanding anything in this Agreement to the contrary, nothing contained in this Agreement shall in any way stop, limit or impair the City of Dania Beach from exercising or performing any regulatory, policing, legislative, governmental or other powers or functions with respect to any project. 11.14 Litigation; Governing Law; Venue; Waiver of Jury Trial. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The City and Consultant submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Broward County, Florida, or the Federal Southern District of Florida. Consultant agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 11.15 Waiver of Jury Trial. THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY, WILLINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE “PARTIES”) SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH 18 A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 11.16 Remedies. No remedy conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy granted by this Agreement or now or hereafter existing at law or in equity or by stature or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. No provision of this Agreement is intended, nor shall be construed to, create any third-party beneficiary or provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or any employee of the City or Consultant. 11.17 Inspector General. Consultant is aware that the Inspector General of Broward County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement and may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11.18 Time of Essence. Time shall be of the essence for each and every provision of this Agreement. 11.19 Waiver. 11.19.1 Any waiver by either party of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 11.19.2 Nothing in this Agreement shall be interpreted to constitute a release of the responsibility and liability of Consultant, its employees, sub-contractors, agents and sub-consultants for the accuracy and competency of their work product. 19 11.20 Headings. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 11.21 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original; and such counterparts will constitute one and the same instrument. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. 11.22 Severability of Provisions. In the event that any term or provision of this Agreement shall to any extent be held invalid or unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the maximum extent permitted by law. 11.23 Assignment. This Agreement may not be assigned by Consultant without the written authorization of the City after City’s determination of the ability of the assignee to perform the Professional Services. Authorization may be withheld or delayed in the City’s sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. 11.24 Attached Exhibits The following Exhibits and Forms are attached to this Agreement and incorporated into and made a part of this Agreement: Exhibit A - Consultant’s Scope of Service and Fee Schedule Exhibit B – Request for Qualification No. 25-004, “Resiliency Plan 11.25 Entire Agreement; Controlling Provisions; Amendment. 11.25.1 This Agreement, including the RFQ, the Proposal, and Exhibits which are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. 20 11.25.2 Except as otherwise specifically provided in this Agreement, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the RFQ and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the Proposal; and (3) the RFQ. Wherever possible, the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. 11.25.3 This Agreement may only be modified by written amendment executed by the City and Consultant. Any amendments to this Agreement: (1) shall be subject to the mutual written agreement of the parties; (2) shall be in the form of numbered amendments; (3) shall be executed by both parties; and, (4) shall become part of the public records of the City. It is expressly understood, moreover, that no oral discussions, assents or representations shall constitute an enforceable amendment to this Agreement unless it is reduced to writing in accordance with this paragraph. [Signatures on following page.] 21 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 22 WITNESSES: CONSULTANT: Chen Moore and Associates, Inc. a Florida corporation Signature Signature PRINT Name PRINT Name Title Signature Dated: ___________________, 2025 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or by ☐ online notarization, on , 2025, by Jennifer Smith as Principal Engineer of Chen Moore and Associates, Inc., on behalf of the corporation. She is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/daniabeachfl City of Dania Beach 25-004 RESILIENCY PLAN (RE-ISSUE) RELEASE DATE: February 6, 2025 RESPONSE DEADLINE: March 3, 2025, 12:00 pm Please refer to the project timeline in this document for all important deadlines. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 2 Table Of Contents 1. NOTICE TO PROPOSERS 2. OVERVIEW 3. SCOPE OF SERVICES 4. SUBMISSION REQUIREMENTS 5. EVALUATION CRITERIA AND PROCEDURES 6. INSURANCE REQUIREMENTS 7. TERMS AND CONDITIONS 8. VENDOR QUESTIONNAIRE Attachments: A - EXHIBIT_“A”_Proposers_Qualification_Statement B - EXHIBIT_“B”_City_of_Dania_Beach_Florida_Sworn_Statement_Under_287.133_3A_Florida_Statute s_Public_Entity_Crimes C - EXHIBIT_“C”_-_Non_Collusion_Affidavit D - EXHIBIT_“D”_Drug-Free_Workplace_Certification_Form E - EXHIBIT_“E”_Acknowledgment_of_Addenda F - EXHIBIT_“F”_Reference_List G - EXHIBIT_“G”_Certification_to_Accuracy_of_Proposal H - EXHIBIT_“H”_Affidavit_of_Compliance_with_Anti-Human_Trafficking_Laws Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 3 1. NOTICE TO PROPOSERS CITY OF DANIA BEACH, FLORIDA REQUEST FOR QUALIFIATIONS (“RFQ”) FOR Resiliency Plan (Re-Issue) 25-004 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals for Resiliency Plan (Re-Issue), 25-004”. Proposals will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Monday, March 3, 2025, at 12:00 pm. Proposals 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/144720. 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. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 4 2. OVERVIEW The City of Dania Beach (“City”) is soliciting Proposals from interested persons, firms, or both for the provision of the services described in this RFQ. Through a Request for Qualifications process described in this document, persons and firms interested in assisting the City in provision of such services must prepare and submit a qualifications packet in accordance with the procedure and schedule in this RFQ. The City will review submittals only from those persons and firms that submit a Request for Qualifications packet which includes all the information required to be included as described in the RFQ. In order to be considered, persons, consulting firms or team joint ventures must demonstrate specific experience and capabilities in all related areas for which they seek to perform work as described. Consultants should also be familiar with the standards, practices, requirements, and applicable ordinances of the City of Dania Beach. The City intends to select a firm capable of providing services necessary to complete the services required by the City as outlined in this RFQ. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 5 3. SCOPE OF SERVICES 3.1. INSTRUCTIONS TO PROPOSERS The following instructions are given as guidance to Proposers in properly preparing their Proposals to this Request for Qualifications for Consultant Services that are to be provided to the City of Dania Beach, Florida (the “City”). 3.2. SCOPE OF SERVICES The scope of services is a general guide to the work the City expects to be performed by the Consultant(s) and is not a complete listing of all services that may be required or desired. In accordance with Florida State Statute 287.055, known as the “Consultants’ Competitive Negotiation Act” (the “CCNA”), the City is seeking professional services from qualified firms who or which will work with city staff, regional agencies, and other experts to develop a robust and innovative Resiliency Plan that will: o Develop the framework that will set direction and overall goals for the City. o Suggests initial priority action steps and proposes high-level implementation pathways to achieve them. (These suggestions of implementation should be compatible with the Southeast Florida Regional Climate Change Compact and deliver on the City’s NetZero Action Pledge). o Provide various climate change scenarios and solutions that will demonstrate how the City will adapt and improve its resiliency to current and future climate hazards that may impact the city now and in the future. o Provide an evaluation of the City’s existing plans and programs and recommend opportunities to create more value in emission reduction and sea level rise strategies. o Detail the City’s governance powers, short and long-term sustainability budget parameters matched to set goals and capacity, as well as identify the partners who need to be engaged in order to accelerate the delivery of the mitigation targets and resilience goals. o Provide recommendation to City policy and procedures, which may include amendments to the City’s Strategic, Comprehensive Plan, Land Development Regulations, the City’s vehicle purchasing policy, Green Advisory Board’s roles and responsibilities, etc. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 6 4. SUBMISSION REQUIREMENTS 4.1. POSTPONEMENT AND EXTENSION OF DATE FOR SUBMITTING PROPOSALS The City reserves the right to postpone and extend the date for the receipt of Proposals and will give ample notice of any such postponement and extension to each known prospective Proposers. 4.2. PROPOSAL REQUIREMENTS Proposers shall, as a minimum, include the following information with the submittal of its Proposal: A. Business Structure: Provide a description of the general capabilities of the Proposer, including information relating to the total size and staffing, professional staff, resources, and clerical support; Provide résumés of all key personnel who may be assigned to perform the requested services. B. Relevant Experience: Provide a list of five (5) similar contracts for services within the last five (5) years provided to other municipalities, together with current contact names and telephone numbers with each municipality; contact persons must be able to speak about the performance of the Proposer. The form for the submission of the information is attached as Exhibit “A” and is made a part of and is incorporated into this RFQ by this reference. C. Litigation: Provide a listing of all lawsuits or proceedings involving the Proposer within the past ten (10) years, including case names and numbers, courts, nature of the actions and disposition or status of each case. D. Equal Opportunity Statement: A statement that the Proposer is an equal opportunity employer and that it does not and will not discriminate against any person, employee, or applicant for employment on account of age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital status, or political affiliation. E. Minority/Women’s Participation: The City of Dania Beach, in accordance with the requirements as stated in U.S. Code of Federal Regulations, 2 CFR 200.321, encourages the active participation of minority businesses, women‘s business enterprises and labor surplus area firms as a part of any agreement whenever possible. The Proposer must take affirmative steps and if subcontracts are to be let through a Proposer, the subcontractor is required to also take the affirmative steps listed below: 1. Small and minority businesses and women's business enterprises are solicited whenever they are potential sources. 2. Total requirements are to be divided, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 3. Delivery schedules, where the requirement permits are to be established which encourage participation by small and minority businesses, and women's business enterprises. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 7 4. Services and assistance, as appropriate, are to be used, which is provided by such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. F. Copies of all licenses, certificates of competency or other documentation required by federal, state, or local laws, statutes or regulations are required to be submitted as evidence of the authority to perform the services described in the RFQ. G. All Proposals must include preliminary certificates of insurance verifying all general insurance requirements. H. All Proposals must be signed by a representative who is authorized to contractually bind the Proposer 4.3. MINIMUM QUALIFICATION REQUIREMENTS In order for a Proposal to be considered by the City, Proposers shall demonstrate in their Proposals compliance with the following minimum requirements: A. Proposers must be currently certified, licensed and authorized to work in the State of Florida to services as sought by this RFQ; B. Experience working with government agencies; C. Currently insured and meeting City insurance requirements with insurance certificates provided that state the name of the Proposer, current street address of the business and the type of work for which a Business Tax Receipt is issued as well as all additional insurance requirements, including required endorsements. The City shall not consider Proposals that fail to demonstrate compliance with the above requirements. The selected Proposer(s) shall maintain and keep in force insurance throughout the life of any contract, and all renewals and extensions, if any, pertaining or related to the requirements specified in this Section. Failure of the Proposer to comply with these requirements will be sufficient grounds for the City to declare the Contract in default and subject the contract to possible termination by the City. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 8 5. EVALUATION CRITERIA AND PROCEDURES The City will consider Proposers that are responsive and responsible by providing accurate information as delineated in Section 4, Submittal Requirements. All submitted Proposals will be evaluated based on the information provided that is responsive to this RFQ. Evaluation criteria will include, but not be limited to, the ability of professional personnel; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms. The scoring of the Proposals by the Bid Review Committee will be based on a point total and not a percentage factor. The Bid Review Committee will evaluate and rank the Proposals received on the basis of the criteria and available points indicated below: CRITERIA MAXIMUM POINTS Firm Qualifications: Qualifications of the firm; number of years firm has been in business; references/past performance; recent, current, and projected workloads 40 Experience and Qualification of Assigned Staff: Staff’s experience, qualifications, and technical capabilities 30 Approach and Delivery of Services: Understanding the scope of work, ability to comply with the full scope of work, technical soundness of Proposal 25 Woman or Minority Business Enterprise: Current certification must be provided with response . 5 TOTAL MAXIMUM POINTS 100 Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 9 6. INSURANCE REQUIREMENTS 6.1. INSURANCE COVERAGE A selected Proposer shall not commence services under an Agreement until it has obtained all insurance required under this paragraph and as required by the Agreement, and not until such time that the coverages are approved by the Risk Manager of the City. The Proposer shall not allow any employee of Proposer or any subcontractor to commence services 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, the Proposer shall be responsible for any and all policy deductibles and self-insured retentions. The following are requirements that must be met regarding the Proposer’s delivery of Certificates of Insurance for all coverages required in the Agreement and Proposal Documents: A. “Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with your Proposals submittal on the date and time of the opening of Proposals. If the “preliminary” certificates are not included with a submittal, then the City has the right to consider the submitted response as non-responsive on the date and time of the response opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Proposers must 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. B. “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 Selected Proposer”, then the City has the right to consider the awarded Agreement to the successful Proposer as void and to negotiate a contract with the next best qualified Proposer. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. C. 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 the Proposer 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. D. Coverages shall be in force until all services 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 Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 10 shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Proposer 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 PROPOSER AND ANY APPROVED SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES 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 Coverages shall be in force until all services 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 Proposer 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. 6.2. COVERAGE REQUIREMENTS The Proposer shall secure and maintain throughout the duration of the Agreement, insurance of such types and in such amounts not less than those specified below as satisfactory to City naming the City as Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Proposer’s insurance and shall not contribute to the Proposer’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Proposer as it deems necessary or prudent. A. Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Proposer. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000.00 each. B. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable state and federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Proposer shall be allowed to provide services pursuant to this RFQ who is not covered by Workers Compensation insurance. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 11 C. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. D. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. Coverage shall apply for a minimum of three years following completion of the services. The above are minimum requirements for projects up to $100,000.00. For projects over $100,000.00, the following increased limits are required: A. General Liability: $2,000,000.00 Per Occurrence/$4,000,000 Aggregate B. Automobile Liability: $2,000,000.00 C. Professional Liability: $3,000,000.00 Per Occurrence Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 12 7. TERMS AND CONDITIONS 7.1. INTERPRETATIONS Any interpretations, clarifications or additional information not disclosed in this RFQ 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 RFQ. The Proposers are required to check the site to see if there has been any addendum or addenda posted regarding this RFQ. 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 RFQ documents shall be made in writing and shall be delivered to the City by Thursday, February 20, 202512:00 pm. B. Any modification or interpretation of the RFQ 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 RFQ documents. C. Interpretations or modifications of the RFQ 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 RFQ 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 RFQ. 7.2. PUBLIC RECORDS 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. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 13 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 RFQ. 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 StatutesIF 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, MMCMailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623Email: eriera@daniabeachfl.gov 7.3. RESPONSE PROTEST PROCEDURE A. After a Notice of Recommendation to Award a contract is posted, any actual or prospective Proposer 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 RFQ Protest w are both timely received by the City Manager’s Office. No RFQ Protest shall be accepted unless it complies with the requirements of this Section. B. An RFQ Protest Bond is intended 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 RFQ Protest Bond shall be Five Thousand Dollars ($5,000.00). Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 14 C. Prior to any decision being rendered under this section with respect to a Proposal protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the Proposer to the Proposal in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. D. 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 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. 1. The decision shall specifically state the reasons for the action taken and inform the protestor of its right to challenge the decision. Any person aggrieved by any action or decision of the Protest Committee, with regard to any decision rendered under this section may appeal the decision to the City Commission for a hearing. The City Commission will hear the appeal and render a final decision. E. 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 award process under these circumstances shall not preempt or otherwise affect the protest. F. The institution and filing of a protest under this provision is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. 7.4. CONE OF SILENCE A. Definitions: “Cone of Silence,” as used in this RFQ means a prohibition on any communication between: o a potential vendor, service provider, proposer, lobbyist, or consultant, and o 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 Bid Review Committee. B. Restriction; Notice: A Cone of Silence shall be imposed upon this RFQ upon the advertisement of the RFQ. 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. C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 15 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. D. Exceptions to Applicability: The provisions of this section shall not apply to: o Communication with the City RFQ representative; o Oral communications at pre-proposal conferences; o Oral presentations before the Bid Review Committee; o Public presentations made to the City Commission members during any duly noticed public meeting; o Communications regarding the RFQ between a potential vendor, service provider, proposer, lobbyist or consultant and the City’s Procurement Administrator or City employee designated as responsible for administering the procurement process for the RFQ, 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 his staff; o Duly noticed site visits to determine the competency of a Proposer regarding the RFQ during the time period between the opening of Proposals and the time the City Manager makes a written recommendation; o Any emergency procurement of goods or services pursuant to City Code; o Proposals to the City’s request for clarification or additional information 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, 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 . E. F. Penalties: Violation of this section by a Proposer or other listed person shall render any RFQ 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 the City Bid Review Committee. In addition to any other penalty provided in this RFQ, 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. Request For Qualification #25-004 Title: Resiliency Plan (Re-Issue) 16 8. VENDOR QUESTIONNAIRE 1. Have you uploaded your firm’s proposal documents, required supporting attachments and submission requirements listed in sections 4.2 & 4.3? * If no, please use this section in OpenGov to upload your firm's proposal, supporting attachments and submission documents listed in sections 4.2 and 4.3. Please upload documents as one combined PDF. *Response required 2. Does your submission include your firms' financials? * (Optional) financial upload here *Response required 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com July 1, 2025 City of Dania Beach 100 W Dania Beach Blvd, Dania Beach FL 33004 ATTN: Corinne Lajoie Subject: Dania Beach Resiliency Plan (SRAP) Scope of Services for Professional Services Dear Ms. Lajoie, Chen Moore and Associates (CMA) is pleased to present the attached Scope of Services for the purpose of providing professional engineering and planning services for the development of the City of Dania Beach Resiliency Plan. CMA Team includes Brizaga and Stantec who will work together to prepare the Resiliency Plan. This plan will focus on an inventory and review of existing work, provide community engagement, prepare actionable implementation strategies, provide grant support and funding strategy. CMA Team shall be responsible for providing professional services according to the scope of services below: SCOPE OF SERVICES Task 1 – Inventory and Brand Development • Host Kickoff Meeting to confirm scope, timeline, stakeholders, and expectations. o Establish Project Team & Roles, including City departments (Planning, Public Services, Sustainability, Emergency Management) and how to engage regional partners (County Resilience Office, FDEP, SFMWD, MPO, etc.) • Develop Data Collection & Management Plan, including a standard for organizing, storing, and sharing all data and GIS layers. • Review of existing policies and plans of the City, generating a short summary of each for the Resiliency Plan including: o Reviewing existing City ordinances/policies o Stormwater Master Plan o Comprehensive Plan o Local Mitigation Strategy (LMS) o Floodplain Management Plan & CRS documentation o Capital Improvement Plan o Parks & Open Space Plans o Zoning/land development regulations 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com o Alignment with Broward County’s Risk Assessment and Resilience Plan, Broward County Climate Change Action Plan (CCAP), and other appropriate resilience policies • Alignment with regional efforts, including: o Regional Climate Action Plan (RCAP) 3.0 o South Florida Water Management District (SFWMD) Resilience Plan o South Florida Water Management District (SFWMD) resilience projects The deliverable for this task will be a technical memorandum that documents the data collection and short summary of existing policies and plans from the City. As necessary, CMA team shall immediately revise the project documents to address any review comments from the City. Deliverable shall be submitted within 60 days from NTP. Task 2 – Community Engagement and Prioritization • Develop a Prioritization Framework through staff and community engagement, including: o One Staff Workshop: This interdepartmental workshop will aid in developing high‐level goals (based on the Regional Climate Action Plan). o One Community Workshop: This workshop will review existing plans, gather community input and prioritize broad sustainability and resilience strategies. It is assumed this meeting will be a part of one of the Green Advisory Board monthly meetings. Workshop prioritization exercise to determine the future actions the Committee prefers. • Prioritization criteria may include community impact, cost, feasibility, and other co‐benefits. CMA shall coordinate with the City on prioritization criteria based on data collected through the workshops. Work in this shall be complete within 90 days from NTP (Concurrent with Task 1). Task 3 – Prepare Comprehensive Resiliency Action Plan • Develop a Phased Comprehensive Resiliency Plan to include: o Review the existing City data (based on Task 1) o Review of data collected via Workshops (based on Task 2) o Setting high‐level goals o Immediate Action Plan that will include: Recommend near‐term actions and strategies (see below) Policy recommendations Future activities to support SRAP implementation • Recommend Phased Adaptation Strategies may include: o Nature‐based solutions (green infrastructure, living shorelines) o Infrastructure upgrades (stormwater retrofits, seawalls, elevating facilities) o Policy changes (zoning, setbacks, building codes) o Heat mitigation (cool roofs, tree canopy, reflective surfaces) • Recommended Phased Mitigation Strategies may include: o Energy efficiency, renewable energy, waste reduction, low‐carbon transportation. The deliverable for this task will be a public‐facing 8‐ to 12‐page graphically design document of the Comprehensive Resiliency Plan. As necessary, CMA team shall immediately revise the project documents 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com to address any review comments from the City. Deliverable shall be submitted within 60 days from the completion of Task 2. Task 4 – Brief Funding Strategy and Grant Support • Develop a brief Funding Strategy document for initial actions and other resilience and sustainability activities. • Provide support for the development of an Adaptation Plan, and Resilient Florida Implementation Grants. The deliverable for this task will be a technical memorandum that documents funding strategies and supporting City staff in developing grant application. As necessary, CMA team shall immediately revise the project documents to address any review comments from the City. Deliverable shall be submitted within 30 days from the completion of Task 3. Task 5 – Project Coordination Meetings CMA team shall be available for monthly progress meetings with City staff, to be held virtually. These meetings will be in addition to any meetings or workshops discussed in Tasks 1‐4. Assuming a total of 6 virtual meetings will be held between Client and CMA team. DELIVERABLES CMA will provide the deliverable documents in hard copy and digital form as defined below. CMA will provide the following deliverables: • Task 1 Inventory and Brand Development technical memorandum. • Task 3 Comprehensive Resiliency Action Plan, public‐facing 8‐ to 12‐page graphically design. • Task 4 Funding Strategy technical memorandum. SCOPE ASSUMPTIONS • City staff will be available for all meetings. City staff will assist with scheduling meetings. • City will provide timely responses to information included in each submittal. • City shall reimburse CMA for all document reproduction costs for submittals to the City. PROJECT SCHEDULE The total duration for this project is estimated to be 180 days, (approximately 6 months) based on the schedule outlined in the table below. Task Task Description Duration Task Start 1 Inventory and Brand Development 60 days NTP 2 Community Engagement and Prioritization 90 days NTP 3 Comprehensive Resiliency Action Plan 60 days Upon completion of Task 2 4 Funding Strategy & Grant Support 30 days Upon completion of Task 3 5 Project Coordination Meetings NA NA 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com PROJECT FEES CMA has prepared this proposal for the professional services necessary to accomplish this scope of services on this project. The total lump sum (LS) fee for this project is $100,038, which is summarized below. Reimbursable expenses for the tasks above are included in the lump sum price. Additional reimbursables requested by the Client shall be invoiced as defined in our General Conditions/Provisions within the contract. Should you have any questions, please do not hesitate to contact me at my cell phone at +1 (954) 818‐ 5804 or send me an electronic message at jsmith@chenmoore.com. Respectfully submitted, Jennifer Smith, P.E. Principal Engineer Task Task Description CMA LS Fee Subconsultant LS Fee Total LS Fees 1 Inventory and Brand Development $20,370 $13,605 $33,975 2 Community Engagement and Prioritization $5,020 $12,604 $17,624 3 Comprehensive Resiliency Action Plan $8,920 $16,325 $25,245 4 Funding Strategy & Grant Support $1,320 $13,724 $15,044 5 Project Coordination Meetings $4,540 $3,610 $8,150 Total $40,170 $59,868 $100,038 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com EXHIBIT A GENERAL CONDITIONS/PROVISIONS These general conditions are attached and made part of proposals and Agreements for services rendered by Chen Moore and Associates (CMA), the Consultant. 1.0 Standard of Care Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care and skill exercised by members of the same profession under similar current circumstances. The Consultant cannot and does not warrant or guarantee that the Client’s project will comply with all interpretations of the Americans with Disabilities Act (ADA) requirements. 2.0 Basic Services Consultant shall provide the mutually agreed‐upon services outlined in this Agreement. Any services not specifically outlined in this Agreement are specifically excluded from the scope of Consultant’s services. Consultant assumes no responsibility to perform any services not specifically addressed in the Agreement. 3.0 Additional Services If mutually agreed to in writing by the parties, in advance, Consultant will provide additional services, which shall be documented and appended hereto. Additional services are not included as part of the basic scope of services and shall be paid for by Client in addition to the payment for basic services. Payment for additional services shall be as mutually agreed to by the parties. 4.0 Client Responsibilities Unless otherwise designated in writing, the Client’s representative with respect to the services to be rendered under the Agreement shall be the individual designated for the authorized signature. Client shall provide all criteria and information required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for Consultant to enter upon public and private property as required to perform services under the Agreement. 5.0 Compensation a) Monthly progress invoices for basic services and additional services shall be submitted to the Client by Consultant based on percentage complete for each project task. Hourly services shall be invoiced based on applicable hourly rates in accordance with the Rate Schedule which is subject to semi‐annual adjustment. b) These invoices are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days. c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall have a fourteen (14) day review period to request clarification or additional information regarding an invoice. If no request is made during the review period, the invoice is deemed approved and payment shall be made in the full amount of the invoice. d) If Client fails to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of services with seven (7) days written notice to Client. Consultant shall have no liability whatsoever to Client for any costs or damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full by Client, Consultant may, upon written agreement of both parties, resume services under the Agreement and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Consultant to resume performance. e) Payment of invoices is in no case subject to unilateral discounting or setoffs by Client and payment is due regardless of suspension or termination of the Agreement by either party. 6.0 Permit, Agency and Application Fees Client shall be responsible for and pay all project‐related fees including, but not limited to, permitting, filing, recording, inspection, plan review, DRI, PUD, rezoning and other related fees. 7.0 Collection Costs In the event that any invoice or portion thereof remains unpaid for more than thirty (30) days following the invoice date, Consultant may initiate legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect any judgment or settlement sums due, reasonable attorney fees, court costs, interest and expenses incurred by Consultant in connection with the collection of any amount due under the Agreement. 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com 8.0 Reimbursables Project‐related expenses such as travel, lodging, per diem, long distance communications, postage, shipping, reproductions, approved subcontracted services and other necessary and customary costs shall be paid to Consultant by Client. These reimbursables shall be compensated at: • Unit prices per Consultant’s Rate Schedule. • Out‐of‐pocket expenses billed at a multiplier of 1.15 to cover processing costs. 9.0 Taxes Any government‐imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the Agreement. 10.0 Indemnification a) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, employees and independent subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or connected with the Agreement or performance by any of the parties above‐named, of the services performed under the Agreement, except (i) those damages, liabilities or costs attributed to the negligent acts or negligent failures to act by Consultant specifically in the performance of the Agreement, or (ii) those liabilities or costs attributed to grossly negligent or intentional acts by Consultant occurring other than in the specific performance of the Agreement. b) Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a Florida corporation, and not against any of Consultant’s employees, officers or directors, and specifically waives the bringing of any such claims against said individuals. c) In the event that any third party, whether or not such third party is a party to this Agreement, should bring an action, assert a claim, or have imposed upon Consultant, its officers, directors, employees and independent subconsultants any judgment, damages or liability where such claim is, in any way whatsoever, asserted due to the existence of this Agreement or any services rendered or performed by Consultant, its officers, employees and independent subconsultants in connection therewith, Client agrees to indemnify and hold Consultant, its officers, employees and independent subconsultants harmless of and from any and all claims, liabilities, damages, costs, judgment or other amounts which may be awarded against Consultant, its officers, directors, employees and independent subconsultants, or any of the foregoing. d) Client shall require that Contractor indemnify and hold harmless Consultant, its officers, directors, employees and independent subconsultants, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of its contract with Client. In addition, Client shall require that Contractor endorse Consultant as an Additional Insured to the same extent Client is endorsed by Contractor as an Additional Insured. Consultant shall be an express third‐party beneficiary of the contract between Client and Contractor solely for the limited purpose of this indemnification and insurance requirement. 11.0 Limitation of Liability In recognition of the relative risks and benefits of the project to both Client and Consultant, Client agrees to the fullest extent permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs, damages or claim’s expenses from any cause or causes, including, but not limited to, attorney fees and costs resulting from Consultant’s negligent acts, errors and/or omissions. The total liability of Consultant to Client shall in no event exceed $100,000. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF CONSULTANT’S PERFORMANCE OF THIS AGREEMENT. 12.0 Instruments of Service Ownership 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com a) All reports, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by Consultant as the Agreement’s instruments of service shall remain the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto. b) Instruments of service by Consultant are for the sole use of Client and are not to be copied or distributed, in any manner, to a third party, without the express written permission of Consultant. Electronic information or files are for informational purposes only. It is the responsibility of Client to verify the accuracy of the information therein and to hold Consultant harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible for validating any and all electronic information provided. 13.0 Governing Law Client and Consultant agree that the Agreement and any legal actions concerning said Agreement shall be governed by the laws of the State of Florida. 14.0 Mediation/Dispute Resolution a) To resolve any conflict which might arise during the performance of the Consultant’s services under the Agreement, or during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that, prior to filing a lawsuit, all disputes, arising out of the Agreement or otherwise pertaining to the performance of services by Consultant, shall be first submitted to non‐binding mediation. Failure by any party to fully comply with the pre‐suit mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees and/or costs of mediation shall be equally borne by the parties to the Agreement. b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida county in which the Project is located under the Agreement. The prevailing party in such litigation shall be entitled to recover from the non‐prevailing party all reasonable attorney fees, taxable court costs, expert witness fees and costs, demonstrative evidence costs, and such other reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post‐trial, by the court. c) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with person(s) and/or entity(ies) not specifically named herein, Consultant shall not be obligated to participate in, nor be a named party in, any arbitration proceeding without the express written consent of Consultant. 15.0 Delays a) In the event the project under the Agreement is delayed by any act or omission by Client or any other causes beyond Consultant’s exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or indirectly from such delays. If the delays resulting from any such causes are fifteen (15) days or more, or increase the cost or time required by Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation prior to re‐commencing work on the project. a) Client recognizes and agrees that factors both within and without Consultant’s control may delay the work performance, permit issuance, design and construction of the project. Client agrees that it shall not be entitled to any claim for damages due to hindrances or delays from any cause whatsoever including, but not limited to: the production of contract documents; review of documents by any government agency; issuance of permits from any government agency, beginning of completion of construction; or performance of any task of the work pursuant to the Agreement. Permitting is a regulatory function and Consultant does not guarantee issuance of any permit. Agency reviews and permitting are deemed ‘factors’ outside of the Consultant’s control. 16.0 Termination The Agreement and the obligation to provide further services under the Agreement either party may terminate this Agreement upon seven (7) days written notice, during which period the non‐terminating party fails to cure a material or substantial breach of a provision of this Agreement. Consultant shall have the right to terminate this Agreement for Consultant’s convenience and without cause upon giving the Client seven (7) days written notice. In the event of termination of the Agreement by either party, Client shall within fifteen (15) calendar days of termination, pay Consultant for all services rendered to date, all reimbursable costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions of the Agreement. 17.0 Renegotiation of Fees Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period when services are rendered. 18.0 Construction Phase 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com a) Consultant shall not, during any site visits or as a result of observing Contractor’s work in progress, have any authority, duty or responsibility to supervise, manage, direct or have control over Contractor’s work. Nor shall Consultant have any authority, duty or responsibility for, or control over, the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume any responsibility for Contractor’s failure to finish and perform its work in accordance with the contract documents. b) If construction phase services including project observation or review of the Contractor’s performance are not part of this Agreement, such services shall be provided for by the Client. The Client assumes all responsibility for interpretations of the Contract Documents and for construction observation; and the Client waives any claims against the Consultant that may be in any way connected thereto. 19.0 Signage Client agrees to provide Consultant with a location for Consultant’s temporary construction signage on the project site before and during construction activities. 20.0 Notice That, whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States 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 shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to‐wit. FOR CMA Peter Moore P.E., President Chen Moore and Associates 500 W. Cypress Creek Road, Suite 630 Fort Lauderdale, FL 33309 21.0 Successors and Assigns Neither party to the Agreement shall transfer, sublet or assign any rights under or interest in the Agreement (including, but without limitation, monies that may become due or monies that are due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes of the Agreement. 22.0 Force Majeure Except with respect to payment obligations under this Agreement, neither party will be liable for any breach or failure to perform under this Agreement or any other documents incorporated by reference herein if such breach or failure to perform is due to acts beyond the reasonable control of such party, which include by way of illustration, acts of God or public enemy or terrorist act, acts of Federal, state or local government, either in its sovereign or contractual capacity, fire, floods, civil disobedience, strikes, lock‐outs, freight embargoes, pandemics, or any other cause or conditions beyond such party’s reasonable control; provided, however, that the party which has been so affected will (i) promptly give written notice to the other of the fact that it is unable to so perform and the cause(s) therefore; and (ii) resume its performance under this Agreement immediately upon the cessation of such cause(s). 500 West Cypress Creek Road, Suite 600 Fort Lauderdale, FL 33309 Office: +1 (954) 730‐0707 chenmoore.com EXHIBIT B AGREEMENT FOR PROFESSIONAL SERVICES - WORK AUTHORIZATION CMA Project Name: Dania Beach Resiliency Plan Client Name: City of Dania Beach Client Contact: Corinne Lajoie Client Address: 100 W Dania Beach Blvd, Dania Beach FL 33004 Client Phone/Fax: 954.924.6800 x 3704 Client E‐mail: clajoie@daniabeachfl.gov CMA Proposal No. 25.0090.P0002 FEE: Lump Sum of $100,038 The undersigned agree to the attached Scope of Services, General Conditions and Provisions which are incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate Agreement. CHEN MOORE AND ASSOCIATES, INC. (CONSULTANT) __________________________________________________ Authorized Signature Jennifer Smith / Principal Engineer______________________ Print Name/Title _7/1/2025________________________________________ Date [INSERT CLIENT NAME] (CLIENT) __________________________________________________ Authorized Signature __________________________________________________ Print Name/Title __________________________________________________ Date City of Dania Beach Finance Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Yeimy Guzman, Chief Financial Officer SUBJECT: Amendment to $3.1 Million Loan Agreement entered on July 14, 2025 Request: The Finance Department requests approval to amend Section 9.18 of the loan agreement with TD Public Finance LLC concerning the acquisition of the property located at 400 S Federal Highway, which was finalized on July 14, 2025. Background: The City of Dania Beach, Florida (the "Issuer”) on July 8th, 2025, authorized Resolution No. 2025-101, which authorized the execution of City of Dania Beach, Florida Capital Improvement Revenue Note, Series 2025 (the "Note"), for $3,100,000.00, pursuant to the Loan Agreement, by and among the Issuer, the Florida Municipal Loan Council, and TD Public Finance LLC (the "Lender") (the "Loan Agreement") to authorize certain capital projects of the Issuer. The City/Issuer closed on the loan agreement on July 14, 2025. The Lender has requested the Issuer to add an additional covenant to the Loan Agreement as was provided in their term sheet, as this was a credit issue and requirement of the Lender. The Issuer desires to amend the Loan Agreement (the “Amendment”) to provide for such additional covenant, which provision states as follows: SECTION 9.18. ADDITIONAL RIGHTS. If the Issuer provides more restrictive covenants or additional rights and remedies to the holder of any debt issued on a parity with the Note, then the Lender shall have the same covenants, rights, and remedies. To the extent that any such holder exercises acceleration rights, the Lender shall also have the right to accelerate the payments due on the Note upon an Event of Default. This language is a condition of the loan and was inadvertently left out of the final documents by the Municipal Loan Council and TD Public Finance, LLC Budgetary Impact There is no budgetary impact from this change Recommendation Finance recommends approval of the amendment RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE ISSUER’S PREVIOUSLY ISSUED CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2025 (THE "NOTE"), FOR $3,100,000.00, PURSUANT TO THE LOAN AGREEMENT DATED JULY 14, 2025, BY AND AMONG THE ISSUER, THE FLORIDA MUNICIPAL LOAN COUNCIL, AND TD PUBLIC FINANCE LLC (THE "LENDER") TO NOW INCLUDE A TERM REQUIRED BY THE APPROVED TERM SHEET BUT NOT INCLUDED IN ORIGINAL LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida (the "Issuer”) on July 8th, 2025, authorized Resolution No. 2025-101, which authorized the execution of City of Dania Beach, Florida Capital Improvement Revenue Note, Series 2025 (the "Note"), for $3,100,000.00, pursuant to the Loan Agreement, by and among the Issuer, the Florida Municipal Loan Council, and TD Public Finance LLC (the "Lender") (the "Loan Agreement") to authorize certain capital projects of the Issuer; and WHEREAS, the Issuer closed on the loan agreement on July 14, 2025; and WHEREAS, the Lender has requested the Issuer to add an additional covenant to the Loan Agreement as was provided in their term sheet, as this was a credit issue and requirement of the Lender; and WHEREAS, the Issuer desires to amend the Loan Agreement (the “Amendment”) to provide for such additional covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS. The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to Chapter 166, Florida Statutes, the Charter of the Issuer, and other applicable provisions of law. 2 SECTION 3. AUTHORIZATION, APPROVAL AND DELIVERY OF AMENDMENT. The Mayor and City Manager, as attested by the City Clerk, and approved as to form and correctness by the City Attorney, or their duly authorized designee, are hereby authorized and directed to execute and deliver the Amendment, which is in substantially the form attached hereto as Exhibit A, which exhibit is incorporated by reference into this Resolution, with such changes, amendments, modifications, deletions, and additions as may be approved by the Mayor, City Manager, the City Clerk, or their duly authorized designee, the execution thereof being conclusive evidence of such approval. SECTION 4. OTHER INSTRUMENTS. The Mayor, the City Clerk, the City Manager, the City Chief Financial Officer, the City Attorney, and other officers, attorneys, and other agents and employees of the Issuer are hereby authorized to perform all acts and things required of them by this Resolution and the Amendment or desirable or consistent with the requirements thereof and hereof, for the full, punctual, and complete performance of all of the terms, covenants, and agreements contained in this Resolution, and the Amendment. SECTION 5. REPEAL OF RESOLUTIONS IN CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. SEVERABILITY CLAUSE. If any phrase, clause, sentence, paragraph, or section of this Resolution is for any reason held invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of the remaining phrases, clauses, sentences, paragraphs, or sections of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank] 3 PASSED AND ADOPTED on __________, 2025. Motion by _____________________________, second by ____________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan IV Vice Mayor Marco A. Salvino, Sr. 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 EXHIBIT A FORM OF AMENDMENT AMENDMENT TO THE LOAN AGREEMENT THIS AMENDMENT TO THE LOAN AGREEMENT, dated as of the ______ day of August, 2025 (the “Amendment”), is made by and among TD PUBLIC FINANCE LLC, and its successors and assigns (the "Lender"), the FLORIDA MUNICIPAL LOAN COUNCIL (the "Council"), a separate legal entity and public body corporate and politic duly created and existing under the Constitution and laws of the State, and the CITY OF DANIA BEACH, FLORIDA (the "Issuer"), a duly constituted municipality under the laws of the State. WHEREAS, the Issuer on July 8th, 2025, authorized Resolution No. 2025-101, which authorized the execution of City of Dania Beach, Florida Capital Improvement Revenue Note, Series 2025 (the "Note"), for $3,100,000.00, pursuant to the Loan Agreement, by and among the Issuer, the Council, and the Lender (the "Loan Agreement") to authorize certain capital projects of the Issuer; and WHEREAS, the Issuer closed on the loan agreement on July 14, 2025; and WHEREAS, the Lender has requested the Issuer to add an additional covenant to the Loan Agreement as was provided in their term sheet, as this was a credit issue and requirement of the Lender; and WHEREAS, the Issuer desires to amend the Loan Agreement (the “Amendment”) to provide for such additional covenant. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Council, the Lender, and the Issuer hereby agree as follows: SECTION 1. AMENDMENT TO ARTICLE IX. Article IX of the Loan Agreement is here by supplemented by adding Section 9.18 as follows: SECTION 9.18. ADDITIONAL RIGHTS. If the Issuer provides more restrictive covenants or additional rights and remedies to the holder of any debt issued on a parity with the Note, then the Lender shall have the same covenants, rights and remedies. To the extent that any such holder exercises acceleration rights, the Lender shall also have the right to accelerate the payments due on the Note upon an Event of Default. SECTION 2. EXECUTION IN COUNTERPARTS. This Amendment may be simultaneously executed in several counterparts, each of which, when so executed and delivered, shall be an original and all of which shall constitute but one and the same instrument. [Remainder of page intentionally left blank] IN WITNESS WHEREOF, the Council has caused this Amendment to Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers, the Issuer has caused this Amendment to Loan Agreement to be executed in its name with its seal hereunto affixed and attached by its duly authorized officers, and the Lender has caused this Amendment to Loan Agreement to be executed in its corporate name by its duly authorized officer. All of the above occurred as of the date first above written. FLORIDA MUNICIPAL LOAN COUNCIL (SEAL) By: Name: Isaac Salver Title: Chairman ATTEST: By: Name: Jeannie Garner Title: Executive Director/CEO TD PUBLIC FINANCE LLC By: ______ Name: Lance Aylsworth Title: Vice President Senior Relationship Manager CITY OF DANIA BEACH, FLORIDA (SEAL) By: Name: Joyce L. Davis Title: Mayor By: _______ Name: Ana M. Garcia Title: City Manager ATTESTED BY: By: Name: Elora Riera, MMC Title: City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Name: Eve A. Boutsis Title: City Attorney City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, P.E., Public Services Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO APPLY FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAMS Request: The Public Services Department (PSD) is requesting authorization to submit application to the Florida Department of Environmental Protection (FDEP) under the Resilient Florida Grant Funding. Background: The Resilient Florida Program, administered by FDEP, provides funding to local governments for planning and implementation of projects that address flooding, sea level rise, and other climate-related impacts. Grants for important work such as vulnerability assessments, stormwater infrastructure upgrades, protecting living shorelines, or other resilience initiatives will enhance our community’s resilience to climate-related hazards. The application portal is open for submittal from July 7, 2025, through September 1, 2025. Budgetary Impact No budget impact. Recommendation PSD recommends approval of submission of applications for FDEP Resilient Florida Program Grants Programs. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS’ APPROVAL TO SUBMIT APPLICATIONS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR VARIOUS RESILIENCE FLORIDA GRANTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection (“FDEP”) administers the Resilient Florida Grant Program to support local governments in planning and implementing projects that address flooding, sea level rise, and other climate-related impacts; and WHEREAS, the city recognizes the importance of enhancing community resilience and protecting infrastructure, natural resources, and public safety; and WHEREAS, the City is currently seeking approval to apply for funding through the FDEP’s Resilient Florida Grant Program as the city has experienced citywide flooding as well as some degree of sea level rise on our beach; and WHEREAS, FDEP’s Resilient Florida Grant Program provides funding for planning and implementation of projects, with applications accepted between July 7, 2025, and September 1, 2025. 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 accept and approve Grant Agreements on behalf of the City of Dania Beach, Florida with FDEP. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2025-______ PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, Public Services Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO APPLY AND ACCEPT A BEAUTIFICATION GRANT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION - STIRLING ROAD Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the City to apply for, accept, and enter into a Beautification Grant, Landscape Construction, and a Maintenance Memorandum of Agreement (MMOA) with The Florida Department of Transportation (FDOT) for Stirling Road landscape improvements. Background: As part of the Citywide Landscape Master Plan (LMP) the City embarked on the planning and design and implementation of landscape improvements along its major corridors. The Griffin Road and Dania Beach Boulevard medians will be completed by mid-2026, to be followed by Stirling Road and US1 corridors. Stirling Road is part of the state roadway system and, as such, is eligible for FDOT’s Beautification Grant Program. If awarded, the FDOT grant will significantly defray the cost of this project. The boundaries of the project on Stirling Road is from Bryan Road to US1/Federal Highway. FDOT grant requirements call for a resolution of the governing body authorizing the grant application and its acceptance if awarded, as well as authorization for staff to accept the grant and enter into an MMOA upon construction completion. Budgetary Impact There is no budgetary impact currently. Upon acceptance of the grant application, there is an ineligible cost that will be considered a matching cost of $150,000. Funding will be appropriated from the Capital Projects “Prof. Services General” Account No. 301-39-61-541-31-10. Recommendation PSD recommends the City Commission adopt a resolution authorizing the City to apply, accept, and enter into a MMOA with FDOT for a Beautification Grant for landscape improvements. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STIRLING ROAD MEDIAN LANDSCAPE IMPROVEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, while many median and roadside areas in the City are within the Florida Department of Transportation (FDOT) rights of way; and WHEREAS, as part of the citywide Landscape Master Plan (LMP) the City Commission and Administration are pursuing the beautification of all main corridors; and WHEREAS, one of the corridors slated for future landscape improvements is along Stirling Road from Bryan Road to US 1/Federal Highway; and WHEREAS, the City Commission of the City of Dania Beach wish to authorize the proper city officials to apply for a FDOT’s Beautification Grant, and if awarded, to accept the grant, and to enter into a Beautification Grant, Landscape Construction and Maintenance Memorandum of Agreement (“MMOA”) between the City of Dania Beach and FDOT; and WHEREAS, the Grant Application must be submitted by October 1, 2025, and. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission of the City of Dania Beach hereby authorizes the proper City officials to apply for the Beautification Grant from the Florida Department of Transportation, and made a part of and incorporated into this Resolution by this reference, and if awarded the grant, to enter into a Beautification, Landscape Construction and Maintenance Memorandum of Agreement between the City of Dania Beach and the Florida Department of Transportation for the right of way of along Stirling Road. Section 3. That the City Clerk of the City of Dania Beach is directed to send copies of this Resolution to the Florida Department of Transportation and all other persons directed by the City Commission of the City of Dania Beach. 2 RESOLUTION #2025-______ Section 4. Upon acceptance of the grant application, there is an ineligible cost that will be considered a matching cost of $150,000. Funding will be appropriated from the Capital Projects “Prof. Services General” Account No. 301-39-61-541-31-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 City of Dania Beach City Attorney Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve A. Boutsis, City Attorney SUBJECT: Subordination request of Right-of-Way Easement. Request: To authorize the subordination of a City Right-of-Way to Broward County. Background: Pursuant to Florida Statute Section 171.044, the City adopted ordinance 2022-005, on January 11, 2022, to start the process to voluntarily annex 22,425 square feet, located between Anglers Avenue also known as Ravenswood Road and SW 22nd Avenue, SW 42nd Street, and SW 39th Street, bearing the address of 2180 SW 42nd, (herein after “the Property”), which real property is owned by Franmar Properties of South Florida, Inc., a Florida Limited Liability Company (“Applicant”) . The Broward Legislative Delegation of the Florida Legislature authorized the annexation of the Property into the City of Dania Beach, effective September 15, 2023. After the annexation process was completed, thereafter, on July 19, 2023, the City Commission approved Resolution 2023-163, which approved the site plan and variance requests of Applicant to develop a bus depot at the Property. As part of the final review process for the applicant to build out the project on the Property Broward County determined that there is a City utility easement (four foot area) in the right-of-way outside of the Property, along SW 42nd Street, which utility easement is recorded in Plat Book 30, Page 31, of the Public Records of Broward County, Florida. A copy of the legal description, plat and site photograph are included as Exhibit A to the subordination agreement. The County has requested that the City suborn its interest in the Right-of-Way easement area, should the county ever need to expand the roadway in front of Applicant’s property. This subordination is a condition of county approval. Based upon the foregoing, the City is agreeing to suborn its interest in the easement area so that the Property may be developed as per Resolution 2023-163. The subordination agreement means that the County right to expand the road would have greater value than the city’s easement and any facility in that area may be required to be moved at a later date should the County decide to expand the road. There is currently no decision pending to expand the road. The City advised FPL, which is the only public utility within the area of the subordination request and FPL has taken no action on this issue despite over 60 day notice of the request. FPL has not objected. For Franmar Properties of South Florida, LLC., to proceed with its development the County requires the City to execute the Subordination Agreement. Should the County expand the road in the future, FPL may be required to move its utility to the property accordingly. Budgetary Impact No fiscal impact. Recommendation Staff has no objection to the subordination of its utility easement. 1 RESOLUTION #2025-_____ RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SUBORDINATION AGREEMENT OF THE CITY’S UTILITY EASEMENT ON SW 42nd STREET, IN FAVOR OF BROWARD COUNTY DUE TO THE DEVELOPMENT BY FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC., A FLORIDA LIMITED LIABILITY COMPANY, AT THE PROPERTY KNOWN AS 2180 SW 42ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statute Section 171.044, the City adopted ordinance 2022-005, on January 11, 2022, to start the process to voluntarily annex 22,425 square feet, located between Anglers Avenue also known as Ravenswood Road and SW 22nd Avenue, SW 42nd Street, and SW 39th Street, bearing the address of 2180 SW 42nd, (herein after “the Property”), which real property is owned by Franmar Properties of South Florida, Inc., a Florida Limited Liability Company; and WHEREAS, the Broward Legislative Delegation of the Florida Legislature authorized the annexation of the Property into the City of Dania Beach, effective September 15, 2023; and WHEREAS, thereafter, on July 19, 2023, the City Commission approved Resolution 2023-163, which approved the site plan and variance requests of Franmar Properties of South Florida, LLC. to develop a bus depot at the Property; and WHEREAS, as part of the final review process for the applicant to build out the project on the Property Broward County determined that there is a City utility easement (four foot area) in the right-of-way outside of the Property, along SW 42nd Street, which utility easement is recorded in Plat Book 30, Page 31, of the Public Records of Broward County, Florida, as more particularly described in Exhibit A, attached and incorporated by reference into this Resolution, is needed for public transportation purposes; and WHEREAS, the City is agreeing to suborn its interest in the easement area so that the Property may be developed as per Resolution 2023-167; and WHEREAS, the City advised FPL, which is the only public utility within the area of the subordination request and FPL has taken no action on this issue despite over 60 day notice of the request; and WHEREAS, for Franmar Properties of South Florida, LLC., to proceed with its development the County requires the City to execute the Subordination Agreement, which agreement is attached as Exhibit B, and is incorporated by reference into this Resolution; and WHEREAS, the City Commission finds that the approval the subordination request should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper city officials to execute the subordination agreement and submit same to Broward County. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall take effect ten (10) days after passage and adoption. PASSED AND ADOPTED on ______________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2025-_____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE BOUTSIS CITY ATTORNEY EXHIBIT “A” 5 RESOLUTION #2025-_____ EXHIBIT “B” SUBORDINATION AGREEMENT Return to: Highway Construction & Engineering Division 1 N University Drive, Suite 300 Plantation, Florida 33324-2038 Prepared by: Reno V. Pierre Assistant County Attorney 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 Folio/Parcel ID #: _______________ SUBORDINATION AGREEMENT This SUBORDINATION AGREEMENT made this __ day of ______, 2025 by City of Dania Beach, a Florida Municipal Corporation, whose address is 100 East Dania Beach Blvd., Dania Beach, FL 33004 (“Owner”), and BROWARD COUNTY, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 (“County”). Owner and County are hereinafter referred to collectively as the “Parties,” and individually referred to as a “Party.” RECITALS A. Owner is the holder of a certain four (4) foot utility easement (“Easement”), recorded in Plat Book 30, Page 31, of the Public Records of Broward County, Florida, as more particularly described in Exhibit A attached hereto and made a part hereof. B. A portion of the land encumbered by said Easement is required by the County for public transportation purposes. Now, therefore, for and in consideration of the mutual terms and conditions contained herein, the sum of one dollar ($1.00), and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. The recitals set forth above are true and accurate, and fully incorporated by this reference herein. 2. Owner hereby agrees, covenants, and consents with County that the aforementioned Easement are and shall continue to be subject and subordinate to the property rights of County insofar as said Easement affects a certain real property located in Dania Beach, Florida, as more particularly described in Exhibit B, attached hereto and made part hereof. 3. This Subordination Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. 7 RESOLUTION #2025-_____ IN WITNESS WHEREOF, the undersigned below has made and executed this Subordination Agreement on the respective date under its signature and certifies that he/she has the authority to execute this Subordination Agreement. OWNER WITNESSES: _________________________ Signature of Witness 1 _________________________ Print Name of Witness 1 _________________________ Witness 1 (Address) _________________________ Signature of Witness 2 _________________________ Print Name of Witness 2 _________________________ Witness 2 (Address) By: _______________________________ Print Name: ________________________ Title: _____________________________ _____ day of _________________, 20__ ACKNOWLEDGEMENT STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization this ______day of ______________, 20__, by _______________________, as _____________ of __________________________, a _________________, [ ] who is personally known to me or [ ] who has produced _______________ as identification. (SEAL) ______________________________________ Signature: Notary Public, State of Florida ______________________________________ Name of Notary Typed, Printed or Stamped EXHIBIT A EASEMENT The east 4’ of Lot 6, Block 1, Ravenswood Park, according to the plat thereof, as recorded in Plat Book 30, Page 31, of the public records of Broward County, Florida. 9 RESOLUTION #2025-_____ EXHIBIT B DESCRIPTION OF PROPERTY 11 RESOLUTION #2025-_____ City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eleanor Norena, CFM, Community Development Director Corinne Lajoice, AICP, Community Development Deputy Director SUBJECT: REQUEST FOR AUTHORIZATION FOR APPROVAL OF CHANGE ORDERS 14, 15 & 16 FOR THE COMMUNITY DEVELOPMENT RENOVATION PROJECT, PLUS UTILIZING REMAINING PROJECT CONTINGENCY FUNDS AND REQUESTING ADDITIONAL CONTINGENCY FUNDS. Request: The Community Development Department (“Department”) requests approval of three Change Orders (COs) totaling $68,114.37 for the Community Development Renovation Project with S3S Construction, Inc. Funding is requested as follows: 1. Utilize the remaining project contingency balance of $36,630.18. 2. Approve additional contingency funds of $30,000. The request includes: • CO#14 – $567.08: Replace two tank toilets with flushometer toilets and replace ~50’ of 4” cast-iron storm pipe with PVC (partially offset by a $3,800 credit for removing a mop sink from scope). • CO#15 – $3,618.02: Install 2” conduit and junction boxes to consolidate data drops and secure free-hanging security camera cables. • CO#16 – $63,929.27: Redesign and construction adjustments due to concealed structural elements and unforeseen slab and ceiling conditions discovered during Phase II demolition. This CO will exhaust the contingency balance and require $31,486.17 in additional funds. In addition, the Department requests an extra $30,000 to address further unforeseen conditions anticipated in Phase II. Background: The Community Development Renovation Project is in its second and final phase, focusing on the Special Permitting Offices. Similar to Phase One, unforeseen conditions have required design and scope changes, resulting in COs. The most recent COs are as follows: • CO#14: Seeking authorization to fund from contingency to install flushometer toilets and replace storm piping; cost partially offset by scope reduction. • CO#15: Seeking authorization to fund from contingency to provide new conduit, junction boxes, and camera cable enclosures for future maintenance access. • CO#16: Uncovered structural elements and complex demolition conditions required a redesign, impacting multiple trades, costs, and the schedule. This will deplete contingency funds and require additional funding. Seeking authorization to deplete the contingency funds to fund this unforeseen condition. Given the recurring pattern of unexpected conditions, the Department seeks to replenish contingency with $30,000 to address future discoveries promptly, avoid project delays, and maintain budget and schedule integrity. Budgetary Impact Funding for this request is as follows: CO #14 ($567.08) and CO #15 ($3,618.02) will be funded from the current remaining contingency balance of $36,630.18, resulting in a remaining contingency balance of $32,443.10 ($36,630.18 - $567.08 - $3,618.02 = $32,443.10). CO #16 ($63,929.27) will use the remaining contingency balance of $32,443.10 and require an additional $31,486.17 to fund the expenses. The Department is requesting to transfer $61,486.17 from the Building Fund, Contingency Account #107-15-02-524-99-10 to Facilities Maintenance Improvements Account #505-39-02- 539-6310 to over the remaining cost for CO #16 ($31,486.17) and to replenish the overall projects contingency ($30,000) for a total amount not to exceed $61,486.17. Recommendation The Department is recommending the City Commission approve the Resolution. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROVAL OF CHANGE ORDERS NO. 14, 15 AND 16 FOR S3S CONSTRUCTION, INC., IN THE TOTAL AMOUNT OF SIXTY-EIGHT THOUSAND ONE HUNDRED FOURTEEN DOLLARS AND THIRTY-SEVEN CENTS ($68,114.37) FOR THE COMMUNITY DEVELOPMENT OFFICE RENOVATION PROJECT; AUTHORIZING THE USE OF THE REMAINING PROJECT CONTINGENCY BALANCE AND APPROVING ADDITIONAL CONTINGENCY FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is currently engaged in the Community Development Renovation Project, which is in its second and final phase of construction; and WHEREAS, unforeseen conditions encountered during demolition and renovation have resulted in the need for additional work, necessitating three Change Orders (14, 15 and 16), totaling $68,114.37; and WHEREAS, Change Order #14 in the amount of $567.08 provides for replacement of toilets and storm piping, partially offset by a scope reduction credit; and WHEREAS, Change Order #15 in the amount of $3,618.02 provides for conduit and junction box installations and improvements to security camera cabling; and WHEREAS, Change Order #16 in the amount of $63,929.27 addresses concealed structural elements and unforeseen slab and ceiling conditions discovered during Phase II demolition; and WHEREAS, funding for Change Orders #14 and #15, and partial funding of Change Order #16, will be drawn from the remaining project contingency balance of $36,630.18; and WHEREAS, an additional $31,486.17 is required to fully fund Change Order #16, and the City seeks to replenish contingency funds by $30,000, for a total additional funding authorization of $61,486.17; and WHEREAS, the Community Development Department has recommended approval of these Change Orders and associated funding to maintain project schedule and budget integrity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute Change Orders #14, #15, and #16 in the total amount of $68,114.37 for the Building Department Renovation Project in the amount of $68,116.35. 2 RESOLUTION #2025-_____ Section 3. That the City Commission authorizes the use of the remaining project contingency balance of $36,630.18 and approves additional contingency funding in the amount of $31,486.17, to fully fund Change Order #16. Section 4. That the City Commission approve additional funding in the amount of $30,000 for future unforeseen conditions. Section 5. That the total additional funding in the amount of $61,486.17 will be appropriated through a budget transfer from the Building Fund, Contingency Account #107-15-02- 524-99-10 to the Facilities Maintenance Improvements Account #505-39-02-539-10. Section 6. That use of contingency funds in the amount of $30,000 may be approved by the City Manager through written request by the Community Development Department upon receipt of written change orders from the vendor. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 3 RESOLUTION #2025-_____ Change Proposal Request (CPR) Page 1 of 2 Project Information Change Proposal Request Project #230129 Contract #001 Title Building Department Renovation CPR #14 Address 100 West Dania Beach Boulevard Issue Date 12-Jun-2025 Subject City, State, Zip Dania Beach, FL 33004 Country Plumbing changes due to existing field conditions (Southside) Prime Contract Company Owner Contact Kevin Maragh Contact Megan Yany Company S3S Construction, Inc.Company City of Dania Beach Address 7320 Griffin Rd Address 100 West Dania Beach Boulevard Suite 222 City, State, Zip Davie, FL 33314 City, State, Zip Dania Beach, FL 33004 Country United States Country Phone 954-859-5661 Phone 954-924-6800 Fax 954-859-5663 Fax Description of the proposed change: This CPR is in referenced to RFI#17 & 20 responses from the Architect and/or requests from the Client to change or modify the plumbing scope of work. The plumbing scope change are listed below with the corresponding cost impact: Item #1 - The Janitors Closet mop sink and associated piping shall be removed from the scope of work, as requested by the client. This change will be a credit of $3,800. Refer to the attached SCO#6. Item #2 - Per RFI#20 Response, the new toilets will be changed from tank to flushometer. The direct cost for this change is $1,342. Refer to the attached SCO#7. Item #3 - Per RFI#17 Response and the client's request, the active cast iron drainpipes will be replaced with PVC. The direct cost for this change is $2,900. Refer to the attached SCO#8. The net direct cost for the above items is $442.00. The total amount of this change order including GC fees, is $567.08. We hereby request your approval to deduct the amount of this CPR ($567.08) from the Owner's Contingency to cover the extra cost for the added scope of work. Net Amount of this Proposed Change:$0.00 The Contract time due to this Change Proposal Request has increased by 2 Working Days. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: Accept Do Not Accept S3S Construction, Inc. City of Dania Beach Company Company _______________________________________ ________________ _______________________________________ ____________________ By Date By Date 6/12/2025 Change Proposal Request (CPR) Page 2 of 2 Proposed Items Item #Item Description Quantity Unit Unit Price Subtotal 1 The Janitors Closet mop sink and associated piping shall be removed from the scope of work 1 LS -3,800.00 -3,800.00 2 The new toilets will be changed from tank to flushometer 1 LS 1,342.00 1,342.00 3 Cast iron drainpipes will be replaced with PVC 1 LS 2,900.00 2,900.00 4 Field General Conditions 1 LS 35.36 35.36 5 Overhead & Profit 1 LS 71.60 71.60 6 Payment & Performance Bond Fee 1 LS 18.12 18.12 7 Owner's Contingency 1 LS -567.08 -567.08 Subtotal = $0.00 Tax = $0.00 Total = $0.00 Request for Information (RFI) Page 1 of 1 Project Information Request for Information Project #230129 RFI #17 Title Building Department Renovation Issue Date 20-May-2025 Address 100 West Dania Beach Boulevard Priority Medium Subject Existing Cast Iron Pipes (Southside) City, State, Zip Dania Beach, FL 33004 Reason Country Coordination Purposes Originated By References and Schedule/Financial Impact Contact Kevin Maragh Prime Contract CO Company S3S Construction, Inc.Subcontract SCO Address 7320 Griffin Rd Drawing A4.20 Suite 222 Spec. Section City, State, Zip Davie, FL 33314 Location Southside Country United States Other Phone 954-859-5661 Fax 954-859-5663 Impact: Schedule 0 Days Financial $0.00 Request There are seven (7) existing cast iron pipes located throughout the southside. These pipes are routed through the area but are not connected to the plumbing fixtures within the space. Kindly confirm whether these pipes should remain as they are or be removed and replaced with PVC pipes. Refer to attached sketch for details. Suggestion It is our recommendation to remove all the accessible cast iron pipes and replace with PVC pipes. Respondents Contact Information Response Contact Bruno Phillips Due Date 27-May-2025 Responded 27-May-2025 Company PGAL, Inc. Phone 5619884002 Remove the horizontal portion of the pipe and cap the remaining end of the pipe just before the underside of the floor that is at the ceiling. If the other pipes are in good condition, they can remain. 1 kevin@s3sconstruction.com From:Yany, Megan <myany@daniabeachfl.gov> Sent:Wednesday, May 28, 2025 9:41 AM To:kevin@s3sconstruction.com Cc:Norena, Eleanor; john@s3sconstruction.com Subject:RE: Response RFI#20 Toilet Type Hi Kevin, Please proceed with the Flushometer toilets and provide the formal change order with backup. Thank you, Megan Yany , Lead Project Manager myany@daniabeachfl.gov | daniabeachfl.gov 1201 Stirling Road, Dania Beach , FL , 33004 Phone: 954.924.6808, x3618 R.I.S.E. - RESPECT, INTEGRITY AND STANDARD OF EXCELLENCE Please note: Florida has a very broad public records law. Most written communications, including emails, to or from City officials regarding City business are public records and may be subject to public disclosure. From: kevin@s3sconstruction.com <kevin@s3sconstruction.com> Sent: Wednesday, May 28, 2025 8:00 AM To: Yany, Megan <myany@daniabeachfl.gov> Cc: Norena, Eleanor <enorena@daniabeachfl.gov>; john@s3sconstruction.com Subject: FW: Response RFI#20 Toilet Type CAUTION: This email originated from outside the City of Dania Beach. Do not click links or open attachments unless you recognize the sender and expect the content. Hello Megan, Please see Bruno’s response below. Please confirm if you would like us to move forward with the Flushometer toilets instead of the tank toilets. Thanks, Kevin Maragh S3S Construction, Inc. 7320 Griffin Road, Suite 222, Davie, FL 33314 Ph: 954-859-5661 ext 101 Cell: 954-801-7363 Fax: 954-859-5663 www.s3sconstruc=on.com CBE DBE SBE MBE SBBC From: Sage CM Notifications <notifications@cm.sage.com> Sent: Tuesday, May 27, 2025 1:27 PM Request for Information (RFI) Page 1 of 1 Project Information Request for Information Project #230129 RFI #20 Title Building Department Renovation Issue Date 27-May-2025 Address 100 West Dania Beach Boulevard Priority A.S.A.P. Subject Southside Toilet Type City, State, Zip Dania Beach, FL 33004 Reason Country Coordination Purposes Originated By References and Schedule/Financial Impact Contact Nestor Barrios Prime Contract CO Company Douglas ORR Plumbing Subcontract SCO Address 301 Flagler Drive Drawing P6.00 Spec. Section City, State, Zip Miami Springs, FL 33166 Location Southside Country Other Phone 305-887-1687 Fax Impact: Schedule 0 Days Financial $0.00 Request During the plumbing rough-in on the Northside, the client requested that the toilets be equipped with flushometer valves. Now that the Southside has been demoed and it has been confirmed that the existing water supply line is sufficient for flushometer toilets, please confirm whether we should plan to install a 1" supply pipe to each toilet and replace the tanked toilets with the same models installed on the Northside. Suggestion Respondents Contact Information Response Contact Bruno Phillips Due Date 29-May-2025 Responded 27-May-2025 Company PGAL, Inc. Phone 5619884002 There are no objections to this request if approved by the Owner. 1 kevin@s3sconstruction.com From:Yany, Megan <myany@daniabeachfl.gov> Sent:Thursday, May 15, 2025 3:42 PM To:Bruno Phillips Cc:Norena, Eleanor; kevin@s3sconstruction.com; 'John Desusa'; Schutten, Sean Subject:FW: SPO Mop Sink/ Entry Door Bruno, Please see below. We are removing the sink mop and front entry door from the scope. Please issued revised set of plans dated. Thank you, Megan Yany , Lead Project Manager myany@daniabeachfl.gov | daniabeachfl.gov 1201 Stirling Road, Dania Beach , FL , 33004 Phone: 954.924.6808, x3618 R.I.S.E. - RESPECT, INTEGRITY AND STANDARD OF EXCELLENCE Please note: Florida has a very broad public records law. Most written communications, including emails, to or from City officials regarding City business are public records and may be subject to public disclosure. From: kevin@s3sconstruction.com <kevin@s3sconstruction.com> Sent: Wednesday, May 14, 2025 4:34 PM To: Yany, Megan <myany@daniabeachfl.gov> Cc: Norena, Eleanor <enorena@daniabeachfl.gov>; Schutten, Sean <sschutten@daniabeachfl.gov>; 'John Desusa' <john@s3sconstruction.com> Subject: RE: SPO Mop Sink/ Entry Door CAUTION: This email originated from outside the City of Dania Beach. Do not click links or open attachments unless you recognize the sender and expect the content. Megan, Please ask Bruno to make the changes and issue a revised set of plans. We will need to submit them to the building department before the plumbing rough inspec;on. Thanks, Kevin Maragh S3S Construction, Inc. 7320 Griffin Road, Suite 222, Davie, FL 33314 Ph: 954-859-5661 ext 101 Cell: 954-801-7363 Fax: 954-859-5663 www.s3sconstruc;on.com CBE DBE SBE MBE SBBC Change Proposal Request (CPR) Page 1 of 2 Project Information Change Proposal Request Project #230129 Contract #001 Title Building Department Renovation CPR #15 Address 100 West Dania Beach Boulevard Issue Date 21-Jul-2025 Subject City, State, Zip Dania Beach, FL 33004 Country Conduit for Low Voltage Cables Prime Contract Company Owner Contact Kevin Maragh Contact Megan Yany Company S3S Construction, Inc.Company City of Dania Beach Address 7320 Griffin Rd Address 100 West Dania Beach Boulevard Suite 222 City, State, Zip Davie, FL 33314 City, State, Zip Dania Beach, FL 33004 Country United States Country Phone 954-859-5661 Phone 954-924-6800 Fax 954-859-5663 Fax Description of the proposed change: The low-voltage contractor has asked for a few extra conduits and J-boxes to be added to the southside buildout. This is to hide the low-voltage cables in the open ceiling area that will run from the breakroom to the west end of the space. We kindly request approval to deduct $3,618.02 for this Change Proposal Request from the Owner’s Contingency. Net Amount of this Proposed Change:$3,618.02 The Contract time due to this Change Proposal Request is to be determined at a later date. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: Accept Do Not Accept S3S Construction, Inc. City of Dania BeachCompanyCompany _______________________________________ ________________ _______________________________________ ____________________ By Date By Date 7/21/25 Change Proposal Request (CPR) Page 2 of 2 Proposed Items Item #Item Description Quantity Unit Unit Price Subtotal 1 Furnish and Install conduits and J-boxes for Low Voltage Cables, from breakroom to west end of the space 1 LS 3,243.00 3,243.00 2 Field General Conditions 1 LS 259.44 259.44 3 Payment & Performance Bond Fee 1 LS 115.58 115.58 Subtotal = $3,618.02 Tax = $0.00 Total = $3,618.02 ES TABLIS HED IN 1 9 7 8 3300 CORPORATE AVE. #100 WESTON, FL 33331 PHONE: (954) 989-7162 FAX: (954) 894 -0334 WWW.TIRONE -ELECTRIC.COM REQUEST FOR CHANGE ORDER To: S3S CONSTRUCTION INC. 7320 GRIFFIN ROAD, SUITE 222 DAVIE, FL 33314 Date: 6/23/2025 Project: DANIA BEACH BLDG DEPARTMENT Scope of change to be performed under the same conditions as specified in the original contract unless otherwise stipulated. Tirone Electric, Inc. reserves the right to claim for additional direct and indirect costs and time extension due to impact and/or delay of execution of work. RFC No: 003 Scope of work: 1- Furnish and install one (1) 2" conduit, approximately 60 feet in length, for low-voltage use, as directed by the low-voltage contractor. 2- Furnish and install (4) 6"x6"x4" junction boxes along the north wall of the south building to collect all data drops and route them through the 2" conduit. 3- Install approximately 60 feet of ¾" conduit to enclose the free-hanging cables of three (3) existing cameras, routing them to the new 2" conduit to allow for future wire replacement and maintenance access. Upon approval the sum of $3,243.00 will be added to the contract price. Original Contract $246,600.00 Other Approved Change Orders $40,028.00 Total Contract to Date $286,628.00 This Request $3,243.00 Other Pending Requests $0.00 Total Contract plus Pending RFCs $289,871.00 Authorized Signature: ______________________________________ Date: _________ TIRONE ELECTRIC & DATA Authorized Signature: ______________________________________ Date: _________ S3S CONSTRUCTION INC. Project: Job ID: CO: Labor Level: LABOR 1Vendor: GB_POMBEA 24-1151 DANIA BEACH BUILDING DEPT RFCO 003: LOW VOLTAGE CONDUIT 18 Jul 2025 13:12:15 Change Order Summary Tax Rate status: Default Bid Name: BASE BID Bid Template: BASIC AND CHANGE ORDER Phase Quote $Material $Equip $SubCon $Labor HrsDrawing RFCO 0.00 525.10 0.00 0.00 28.82 0.00 525.10 0.00 0.00 28.82Sheet Totals: 0.00 36.76 0.00 0.00 525.10 36.76 561.86 561.86 Sub Total (Quo/Mat/Equip/Sub): Sales Tax: Sub Total: 2,245.95 0.00 0.00 0.00 Direct Labor $: Indirect Labor $: Labor Escalation: Labor Tax: 0.00Direct Job Costs (0.00%): 2,807.81 280.78 3,088.59 154.43 0.00 0.00 3,243.02 Prime Cost: Net Cost: Job Tax: Selling Price: Overhead (Avg. 10.00%): Profit (Avg. 5.00%): Bond (0.0000%): 7.0000% 0.0000% 7.0000% 0.0000% 0.0000% Material: Labor: Equipment: Subcontract: Job: TAX RATES MISCELLANEOUS Avg. Lbr. Rate (Cost): Labor Hrs Per Sq. Ft.: Quantity of Units: Cost Per Unit: Labor $ Per Sq. Ft.: Cost Per Sq. Ft.: Total Square Feet: Avg. Lbr. Rate (Bid): Calc. Adjustment: 85.72 90.00 1.00 3,243.02 28.82 2,245.95 1.00 3,243.02 0.00% Tax: Quote: 7.0000% Bid Notes: Lump Sum: 0.00 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 1 of 1ConEst Software Systems Project: Job ID: CO: Takeoff Labor Level: LABOR 1Vendor: GB_POMBEA 24-1151 DANIA BEACH BUILDING DEPT RFCO 003: LOW VOLTAGE CONDUIT 18 Jul 2025 13:10:19 Phase: RFCO Qty Size DescriptionItem #U/M Q/M Material Unit Material Result Labor Unit Labor Result 60.00 2FT EMT10051M 224.42 4.80 3.7403 0.0800 2.00 2EA EMT 90-ELBOW20635M 24.62 1.00 12.3119 0.5000 10.00 2EA EMT STEEL COMP CONNECTOR30388M 23.17 5.00 2.3166 0.5000 15.00 2EA EMT STEEL-COMP COUPLING30308M 26.15 4.50 1.7434 0.3000 60.00 3/4FT EMT10047M 42.63 3.00 0.7105 0.0500 6.00 3/4EA EMT STEEL-COMP COUPLING30304M 2.52 0.84 0.4195 0.1400 10.00 3/4EA EMT STEEL COMP CONNECTOR30384M 3.51 3.00 0.3505 0.3000 10.00 3/4EA EMT 1-HOLE STEEL STRAP161262M 0.67 0.40 0.0667 0.0400 20.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT 7/8"KO GALV240007M 60.00 2.45 3.0000 0.1225 20.00 2EA PLATED EMT U-STRUT CLAMPS240186M 19.24 0.80 0.9619 0.0400 30.00 1/4 x 1-1/4EA BLUE TAPPER CONCRETE SCREW160972M 6.98 1.03 0.2328 0.0344 4.00 6x6x3EA P-BOX-GALV SCREW CVR710002M 91.20 2.00 22.8000 0.5000 525.10 28.82Phase Totals: 525.10 28.82Job Totals: 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 1 of 1 Change Proposal Request (CPR) Page 1 of 2 Project Information Change Proposal Request Project #230129 Contract #001 Title Building Department Renovation CPR #16 Address 100 West Dania Beach Boulevard Issue Date 23-Jul-2025 Subject City, State, Zip Dania Beach, FL 33004 Country Phase 2 Southside Design Changes SI#4 Prime Contract Company Owner Contact Kevin Maragh Contact Megan Yany Company S3S Construction, Inc.Company City of Dania Beach Address 7320 Griffin Rd Address 100 West Dania Beach Boulevard Suite 222 City, State, Zip Davie, FL 33314 City, State, Zip Dania Beach, FL 33004 Country United States Country Phone 954-859-5661 Phone 954-924-6800 Fax 954-859-5663 Fax Description of the proposed change: During demolition of Phase 2 (southside), several previously concealed structural elements were uncovered, including: A shear wall adjacent to the staircase. A steel tube column supporting the floor above. A cast-in-place concrete column. Based on the assessment provided by the design professionals, these structural members are integral to the existing structure and cannot be modified or removed. As a result, the east end of Phase 2 required a comprehensive redesign to accommodate these constraints. Please refer to RFI #13 and #14 and the revised drawings SI #4 dated July 11, 2025. This redesign has significantly affected the scope of work for several trades, leading to increased costs and extended project timelines. The impacted scopes have been itemized below to the best of our ability. Further, we discovered that the existing floor slab consists of two layers, and the ceiling above the jail cells includes multiple layers, one of which is a poured-in-place concrete slab. These conditions were unforeseen and required full removal to align with the revised layout. We respectfully request approval to deduct the amount of this Change Proposal Request of $63,929.27 from the Owner’s Contingency to offset the additional costs incurred due to the redesign. Furthermore, we request that the substantial completion date be revised to December 26, 2025, to reflect the adjusted timeline. Net Amount of this Proposed Change:$63,929.27 The Contract time due to this Change Proposal Request has increased by 40 Working Days. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: Accept Do Not Accept S3S Construction, Inc. City of Dania Beach Company Company _______________________________________ ________________ _______________________________________ ____________________ By Date By Date 7/29/25 Change Proposal Request (CPR) Page 2 of 2 Proposed Items Item #Item Description Quantity Unit Unit Price Subtotal 1 Misc. Metal - Furnish and Install new MC18x42.7 Support Channel at Masonry Wall 1 LS 8,750.00 8,750.00 2 Plumbing - New Condensate Drain line from AHU-5, +/-40 ft, and Pump 1 LS 1,080.00 1,080.00 3 Plumbing - Extend plumbing pipes for Breakroom sink to new location 1 LS 790.00 790.00 4 New IT Room Door, Frame and Hardware (S-101)1 LS 2,206.00 2,206.00 5 Floor finish material (LVT) price increase 1 LS 330.00 330.00 6 Mechanical - HVAC Material price increases due to project delay. See attached change order from FMBS 1 LS 5,800.00 5,800.00 7 Electrical changes per revised drawings SI#4. See attached RFCO #4 from Tirone Electric for details 1 LS 15,162.00 15,162.00 8 Demolition - Concrete Cutting and Removal for plumbing pipe, 2nd layer slab. First layer included in Contract. 1 LS 1,244.00 1,244.00 9 Demolition - Sawcut Floor Slab along existing CMU wall (EOR request). Exclude concrete pour back 1 LS 745.00 745.00 10 Demolition - Addition concrete saw cutting and trenching to breakroom sink new location. Double Slab. 1 LS 948.00 948.00 11 Demolition - Concrete Cutting and Removal for new concrete footing per sheet S1.0, 2 layer slab 1 LS 740.00 740.00 12 Demolition - Sawcut and remove the exisitng CMU wall to make way for the new conference room. Approx. 18 feet long. 1 LS 4,200.00 4,200.00 13 Structural - Concrete Floor Slab, place, rebar, epoxy, compaction, vapor barrier and finish, at under existing stairs (30 SF), pour back at new footing per S1.0 (18 SF), level floor at exterior door to get rid of the slope (20 SF). 1 LS 4,160.00 4,160.00 14 Structural - Poured in place 8x8 column per S1-0 detail 2, form, rebar, epoxy, pour and strip 1 LS 1,688.50 1,688.50 15 Masonry - New Ext Opening Infill, S1.0 detail 3. Also at access door for jail cell. CMU, mortar, rebar, epoxy 1 LS 935.00 935.00 16 Stucco - Stucco patch at Exterior door infill, access door at jail cells, and corridor at reception area 1 LS 1,910.00 1,910.00 17 Framing & Drywall - new reception area divider wall, entry doorway, wall panel/millwork framing, drop/hard ceiling at reception area and breakroom 1 LS 3,420.00 3,420.00 18 Field General Conditions 1 LS 3,986.28 3,986.28 19 Overhead & Profit 1 LS 8,072.22 8,072.22 20 Payment & Performance Bond Fee 1 LS 2,042.27 2,042.27 21 CREDIT - Reduction in the number of barn door system needed for the conference room 1 LS -4,280.00 -4,280.00 Subtotal = $63,929.27 Tax = $0.00 Total = $63,929.27 Florida Mechanical & Building Solutions LLC 2410 NW 16th Lane, Suite B, Pompano Beach, Fl 33064 (954) 797-6061 Lic # CAC 1819518, CFC 1431406 CFC1431406 Estimate 39987857 Job Estimate Date 7/22/2025 Billing Address S3S Construction 7320 Griffin Road #222 Davie, FL 33314 USA Job Address S3S Construction 100 West Dania Beach Boulevard Dania Beach, FL 33004 USA Estimate Details Phase 2 change order: This Change Order reflects an adjustment to the original estimate due to the extended time that has passed since its issuance (over 12 months ago). During this time, there have been several key changes affecting project costs: Material Cost Increases: General market escalation has led to increased costs for materials, including a significant rise in the price of metal ductwork especially spiral duct now required for this project. HVAC Equipment Update: The originally estimated HVAC systems utilizing R-410A refrigerant are no longer available due to regulatory phase-outs. Current equipment offerings now use R-454B refrigerant, which comes at a higher cost. The equipment upgrade is necessary for compliance with updated environmental and industry standards. These changes result in an updated total to reflect current conditions and required scope adjustments. Service #Description Quantity Your Price Your Total Inst Installation 1.00 $5,800.00 $5,800.00 Potential Savings $0.00 Sub-Total $5,800.00 Tax $0.00 Total $5,800.00 Thank you for choosing FMBS! Both parties agree and understand that an initial payment of 50% of the total cost is required before the commencement of any repair(s) or installation(s). Final payment is due upon completing any repair(s) or installation(s). Failure to remit payment will result in the seller, FMBS, LLC, removing said equipment/material(s) at the buyer’s expense. Equipment sold pursuant hereto shall not become a permanent fixture until FULL PAYMENT IS RECEIVED. Retention of Title: The seller retains title to all equipment and materials furnished until the successful processing of final payment. The buyer acknowledges responsibility for any damages resulting from removal. Inspection & Permit Closure: The buyer acknowledges that payment is not contingent on the completion of a mechanical inspection or the closure of the permit. FMBS, LLC has 180 days from the permit’s approval date to close it. Collections & Legal Action: If payment is not received within 30 days, the outstanding balance may be referred to a collection agency or legal representation. The buyer shall be solely responsible for any associated fees incurred in the collection process. Authority to Sign: The individual signing this agreement represents and warrants that they have the full legal authority to bind the purchasing entity or themselves to the terms herein. Please review and return the signed Contract Agreementat your earliest convenience. 7740 N.W. 34th Street Miami, Florida 33122 Tel: (305) 592-7276 Fax: (305) 592-6639 E-Mail: office@bosticsteel.com Website: www.bosticsteel.com 07/22/2025 JOB: DANIA BEACH CITY HALL STEEL CHANNEL CONTRACTOR: S3S CONSTRUCTION TEL: 954-801-7363 EMAIL: KEVIN@S3SCONSTRUCTION.COM ATTN: KEVIN MARAGH F = FURNISH ONLY FI= FURNISH & INSTALL I = INSTALL ONLY SUBJECT TO THE PRINTED TERMS AND CONDITIONS, WE PROPOSE TO FURNISH AND ERECT, AS PER A.I.S.C. CODE OF STANDARD PRACTICE, AS FOLLOWS: STEEL MC18 X 42.7 SUPPORT CHANNEL AT MASONRY WALL PER SHEET S1.0 DATED 7/11/25 SI #4 (S3S STAMP 7/15/25). ITEM DESCRIPTION FINISH SHT NO. F I 1 MC18 X 42.7 STEEL SUPPORT CHANNEL SHOP PRIMED S1.0 F 2 SHOP/FAB DRAWINGS THIS PROPOSAL COVERS ONLY THE ITEMS LISTED ABOVE "BASE BID" TOTAL.................$8,750 BOND NOT INCLUDED EXCLUSIONS: 1 ENGINEERING 2 DEMOLITION 3 TESTS OR TESTING 4 CONCRETE SCANNING & GPR SERVICES 5 PERMITS AND PERMIT FEES 6 PARKING (ASSUMED PARKING AVAILABLE ONSITE) 7 COMPOSITE CLEAN UP 8 FINISH PAINT OTHER THAN THAT ITEMIZED ON PROPOSAL 9 ANY ITEMS NOT SPECIFICALLY ITEMIZED ABOVE AUTHORIZATION TO PROCEED: PRICING ACCEPTED BY:_________________________ DATE: _______________ Change Order 20240041 Bldg Div Planning & Zoning Building Contemplated Change Order #4 20240041 RCO#4 Add opening S101 for IT Room Jul 23, 2025 4:32 PM Page 1 of 1 1 Single Door #S101 IT ROOM S109 from CORRIDOR S101 110° LHR 1 3070 WD 1 3/4 MDO PRIMED 3 PLY MATCH/EDGE F SCL LHR (CYL/TBH; P453(3)) 1 3070 SGL 534 M 16 CR KD RH (453; E1; SUA) 3 Hinge BB1279 4 1/2 X 4 1/2 US26D HA 1 Lockset 3480 WTN 7 PIN US26D HA 1 Construction Core 3982BLU Best "A" Keyway BLU HA 1 Hinge Pin Stop 528 NP RO 3 Door Silencer 608RKW GRAY RO PreTax Total:2,105.97 Taxes 10000 FLState 100.03 10001 FLBroward 0.00 Tax Total:100.03 Grand Total:2,206.00 ALTERNATE ADD 1: ADD 24” x 66” 600A1 CRS 20GA GRAY LVR + INSTALL ALT ADD Total: 956.00 TOTAL WITH ADD: 3,162.00 RCO Notes: RCO Includes HMF welded, delivered and installed prior to Wood Door and Hardware. Lockset proposed is a Storeroom Function with SFIC 7pin construction core. Hinge pin stop is included to stop the door. Louver proposed in ADD matches the previously provided louvers used on the Pair. LEAD TIMES: HM Frame: Roughly 810 days to receive and weld before scheduling install Wood Door: 45 weeks to receive in our shop HDWE: 24 weeks varying by materials Need to confirm with AOR ES TA BL IS HED IN 1 9 7 8 3300 CORPORATE AVE. #100 WESTON, FL 33331 PHO N E: (954) 989 -7 162 F AX: (954) 894-0334 WWW.TIR ON E -EL ECTR IC. C O M REQUEST FOR CHANGE ORDER To: S3S CONSTRUCTION INC. 7320 GRIFFIN ROAD, SUITE 222 DAVIE, FL 33314 Date: 7/22/2025 Project: DANIA BEACH BLDG DEPARTMENT Scope of change to be performed under the same conditions as specified in the original contract unless otherwise stipulated. Tirone Electric, Inc. reserves the right to claim for additional direct and indirect costs and time extension due to impact and/or delay of execution of work. RFC No: 004 Scope of work: Furnish and install thirteen (5) new Type G light fixtures. Relocate and install (8) existing type A in reception area, from Panel S1. Furnish and install new conduit and wiring for existing exterior lights. Relocate Panel S1 to face Office S-105 (currently facing hallway). Furnish and install three (3) new outlets on circuit 29 (ckt-29). Furnish and install one (1) new outlet on circuit 33 (ckt-33) in the breakroom, from Panel S1. Furnish and install two (2) new outlets on circuit 35 (ckt-35) in the reception area, from Panel S1. Furnish and install one (1) new outlet on circuit 37 (ckt-37) in the A/C closet, from Panel S1. Upon approval the sum of $15,162.00 will be added to the contract price. Original Contract $246,600.00 Other Approved Change Orders $43,271.00 Total Contract to Date $289,871.00 This Request $15,162.00 Other Pending Requests $0.00 Total Contract plus Pending RFCs $305,033.00 Authorized Signature: ______________________________________ Date: _________ TIRONE ELECTRIC & DATA Authorized Signature: ______________________________________ Date: _________ S3S CONSTRUCTION INC. Project: Job ID: CO: Labor Level: LABOR 3Vendor: GB_POMBEA 24-1151 DANIA BEACH BUILDING DEPT RFCO 004: REVISION 8 28 Jul 2025 8:00:53 Change Order Summary Tax Rate status: Default Bid Name: BASE BID Bid Template: BASIC AND CHANGE ORDER Phase Quote $Material $Equip $SubCon $Labor HrsDrawing FIXTURES 2,058.00 0.00 0.00 0.00 0.00 RFCO 0.00 1,081.09 0.00 0.00 125.36 2,058.00 1,081.09 0.00 0.00 125.36Sheet Totals: 144.06 75.68 0.00 0.00 3,139.09 219.74 3,358.83 3,358.83 Sub Total (Quo/Mat/Equip/Sub): Sales Tax: Sub Total: 9,768.55 0.00 0.00 0.00 Direct Labor $: Indirect Labor $: Labor Escalation: Labor Tax: 0.00Direct Job Costs (0.00%): 13,127.38 1,312.74 14,440.12 722.01 0.00 0.00 15,162.12 Prime Cost: Net Cost: Job Tax: Selling Price: Overhead (Avg. 10.00%): Profit (Avg. 5.00%): Bond (0.0000%): 7.0000% 0.0000% 7.0000% 0.0000% 0.0000% Material: Labor: Equipment: Subcontract: Job: TAX RATES MISCELLANEOUS Avg. Lbr. Rate (Cost): Labor Hrs Per Sq. Ft.: Quantity of Units: Cost Per Unit: Labor $ Per Sq. Ft.: Cost Per Sq. Ft.: Total Square Feet: Avg. Lbr. Rate (Bid): Calc. Adjustment: 85.72 90.00 1.00 15,162.12 125.36 9,768.55 1.00 15,162.12 0.00% Tax: Quote: 7.0000% Bid Notes: Lump Sum: 0.00 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 1 of 1ConEst Software Systems Project: Job ID: CO: Takeoff Labor Level: LABOR 3Vendor: GB_POMBEA 24-1151 DANIA BEACH BUILDING DEPT RFCO 004: REVISION 8 28 Jul 2025 7:59:17 Phase: RFCO Qty Size DescriptionItem #U/M Q/M Material Unit Material Result Labor Unit Labor Result 0.00 TYPE A 2X2 FIXTURES CREDIT -2.00 2 x 2EA LED T-BAR LAY-IN LUMINAIRE-LABOR120769M 0.00 -2.34 0.0000 1.1700 0.00 PANEL S1 CKT-1 CREDIT (2 OUTLETS) -35.00 3/4FT EMT10047M -24.87 -2.63 0.7105 0.0750 -2.00 3/4EA EMT FIELD BEND20651M 0.00 -0.36 0.0000 0.1800 -6.00 3/4EA EMT STEEL-COMP COUPLING30304M -2.52 -1.26 0.4195 0.2100 -2.00 3/4EA EMT STEEL COMP CONNECTOR30384M -0.70 -0.90 0.3505 0.4500 -5.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M -36.63 -0.93 7.3267 0.1850 -10.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M -6.01 -0.45 0.6008 0.0450 -20.00 1/4"EA PLTD FLAT WASHER160299M -0.88 -0.04 0.0441 0.0018 -10.00 1/4 x 4"EA TOGGLE BOLT160273M -5.52 -1.80 0.5517 0.1800 -105.00 12FT THHN/THWN CU (STR)70033 M -16.50 -0.95 0.1571 0.0090 0.00 0.00 NEW WORK LIGHT FIXTURE 0.00 0.00 TYPE G AND GE LIGHTS 5.00 EA LED SURFACE CEILING-MOUNT LABOR120774M 0.00 2.95 0.0000 0.5900 20.00 3/4FT EMT10047M 14.21 1.50 0.7105 0.0750 2.00 3/4EA EMT FIELD BEND20651M 0.00 0.36 0.0000 0.1800 6.00 3/4EA EMT STEEL-COMP COUPLING30304M 2.52 1.26 0.4195 0.2100 2.00 3/4EA EMT STEEL COMP CONNECTOR30384M 0.70 0.90 0.3505 0.4500 60.00 12FT THHN/THWN CU (STR)70033 M 9.43 0.54 0.1571 0.0090 50.00 12/2M MC CABLE - ALUM JKT W/G70307M 32.21 2.03 0.6441 0.0406 10.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT W/HOLES GALV240020M 18.89 1.85 1.8894 0.1850 5.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 3.00 0.23 0.6008 0.0450 10.00 1/4 x 3"EA TOGGLE BOLT160272M 3.34 1.80 0.3343 0.1800 2.00 1-1/2"D 21.0-CIEA 4"SQ CMB- KO NO BRKT150006M 1.74 0.80 0.8700 0.4000 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 1 of 4 Takeoff Report: DANIA BEACH BUILDING DEPT 28 Jul 2025 7:59:17 Phase: RFCO Qty Size DescriptionItem #U/M Q/M Material Unit Material Result Labor Unit Labor Result 2.00 EA 4"SQ BLANK CVR150091M 0.84 0.20 0.4202 0.1000 10.00 1/4"EA PLTD FLAT WASHER160299M 0.44 0.02 0.0441 0.0018 10.00 3/8EA FLEX COND ANGLE CONN50029M 7.18 1.80 0.7180 0.1800 8.00 1/2EA CONDUIT HGR SNAP-CLS B-JOIST160000M 13.94 0.60 1.7427 0.0750 0.00 TYPE A RELOCATED 10.00 3/4FT EMT10047M 7.11 0.75 0.7105 0.0750 2.00 3/4EA EMT FIELD BEND20651M 0.00 0.36 0.0000 0.1800 2.00 3/4EA EMT STEEL-COMP COUPLING30304M 0.84 0.42 0.4195 0.2100 2.00 3/4EA EMT STEEL COMP CONNECTOR30384M 0.70 0.90 0.3505 0.4500 30.00 12FT THHN/THWN CU (STR)70033 M 4.71 0.27 0.1571 0.0090 10.00 12/2M MC CABLE - ALUM JKT W/G70307M 6.44 0.41 0.6441 0.0406 4.00 1/4 x 3"EA TOGGLE BOLT160272M 1.34 0.72 0.3343 0.1800 1.00 1-1/2"D 21.0-CIEA 4"SQ CMB- KO NO BRKT150006M 0.87 0.40 0.8700 0.4000 1.00 EA 4"SQ BLANK CVR150091M 0.42 0.10 0.4202 0.1000 8.00 1/4"EA PLTD FLAT WASHER160299M 0.35 0.01 0.0441 0.0018 0.00 POWER TO EXISTING EXTERIOR LIGHTS 200.00 3/4FT EMT10047M 142.10 15.00 0.7105 0.0750 11.00 3/4EA EMT FIELD BEND20651M 0.00 1.98 0.0000 0.1800 3.00 3/4EA EMT LB CONDUIT BODY30979M 44.82 2.25 14.9400 0.7500 20.00 3/4EA EMT STEEL-COMP COUPLING30304M 8.39 4.20 0.4195 0.2100 10.00 3/4EA EMT STEEL COMP CONNECTOR30384M 3.51 4.50 0.3505 0.4500 20.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 146.53 3.70 7.3267 0.1850 20.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 12.02 0.90 0.6008 0.0450 40.00 1/4 x 1-1/4EA BLUE TAPPER CONCRETE SCREW160972M 9.31 2.15 0.2328 0.0537 40.00 1/4"EA PLTD FLAT WASHER160299M 1.76 0.07 0.0441 0.0018 5.00 2" DEEP 16.5-CIEA 1G ALUM WP (BELL) BOX W/ 5 x 3/4"HUBS150409M 37.21 4.50 7.4421 0.9000 600.00 12FT THHN/THWN CU (STR)70033 M 94.27 5.40 0.1571 0.0090 20.00 #18 to 8C WIRE-NUT MED - RED100087M 4.08 0.84 0.2038 0.0420 5.00 #12EA PIGTAIL W/GRD SCREW100096M 2.16 0.40 0.4327 0.0800 5.00 EA HANDY BOX BLANK COVER150393M 1.14 0.50 0.2279 0.1000 0.00 RELOCATE PANEL ORIENTATION 1.00 200AEA REMOVE EXISTING PANEL380033M 0.00 4.50 0.0000 4.5000 1.00 200A MCB 3PH4WEA PNLBD W/BOLT-ON BKRS170245M 0.00 7.30 0.0000 7.3000 0.00 PANEL S1 CKT-14,16 20.00 3/4FT EMT10047M 14.21 1.50 0.7105 0.0750 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 2 of 4 Takeoff Report: DANIA BEACH BUILDING DEPT 28 Jul 2025 7:59:17 Phase: RFCO Qty Size DescriptionItem #U/M Q/M Material Unit Material Result Labor Unit Labor Result 3.00 3/4EA EMT FIELD BEND20651M 0.00 0.54 0.0000 0.1800 6.00 3/4EA EMT STEEL-COMP COUPLING30304M 2.52 1.26 0.4195 0.2100 4.00 3/4EA EMT STEEL COMP CONNECTOR30384M 1.40 1.80 0.3505 0.4500 5.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 36.63 0.93 7.3267 0.1850 6.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 3.60 0.27 0.6008 0.0450 40.00 1/4"EA PLTD FLAT WASHER160299M 1.76 0.07 0.0441 0.0018 10.00 1/4 x 4"EA TOGGLE BOLT160273M 5.52 1.80 0.5517 0.1800 1.00 EA STUD BRAKET ADJ 17 TO 26" OC630485M 3.67 0.15 3.6672 0.1500 60.00 12FT THHN/THWN CU (STR)70033 M 9.43 0.54 0.1571 0.0090 0.00 PANEL S1 CKT-29 50.00 3/4FT EMT10047M 35.53 3.75 0.7105 0.0750 6.00 3/4EA EMT FIELD BEND20651M 0.00 1.08 0.0000 0.1800 12.00 3/4EA EMT STEEL-COMP COUPLING30304M 5.03 2.52 0.4195 0.2100 8.00 3/4EA EMT STEEL COMP CONNECTOR30384M 2.80 3.60 0.3505 0.4500 10.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 73.27 1.85 7.3267 0.1850 10.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 6.01 0.45 0.6008 0.0450 20.00 1/4"EA PLTD FLAT WASHER160299M 0.88 0.04 0.0441 0.0018 20.00 1/4 x 4"EA TOGGLE BOLT160273M 11.03 3.60 0.5517 0.1800 1.00 EA STUD BRAKET ADJ 17 TO 26" OC630485M 3.67 0.15 3.6672 0.1500 150.00 12FT THHN/THWN CU (STR)70033 M 23.57 1.35 0.1571 0.0090 0.00 PANEL S1 CKT-33 35.00 3/4FT EMT10047M 24.87 2.63 0.7105 0.0750 2.00 3/4EA EMT FIELD BEND20651M 0.00 0.36 0.0000 0.1800 6.00 3/4EA EMT STEEL-COMP COUPLING30304M 2.52 1.26 0.4195 0.2100 2.00 3/4EA EMT STEEL COMP CONNECTOR30384M 0.70 0.90 0.3505 0.4500 5.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 36.63 0.93 7.3267 0.1850 10.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 6.01 0.45 0.6008 0.0450 20.00 1/4"EA PLTD FLAT WASHER160299M 0.88 0.04 0.0441 0.0018 10.00 1/4 x 4"EA TOGGLE BOLT160273M 5.52 1.80 0.5517 0.1800 1.00 EA STUD BRAKET ADJ 17 TO 26" OC630485M 3.67 0.15 3.6672 0.1500 105.00 12FT THHN/THWN CU (STR)70033 M 16.50 0.95 0.1571 0.0090 0.00 PANEL S1 CKT-35 40.00 3/4FT EMT10047M 28.42 3.00 0.7105 0.0750 4.00 3/4EA EMT FIELD BEND20651M 0.00 0.72 0.0000 0.1800 8.00 3/4EA EMT STEEL-COMP COUPLING30304M 3.36 1.68 0.4195 0.2100 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 3 of 4 Takeoff Report: DANIA BEACH BUILDING DEPT 28 Jul 2025 7:59:17 Phase: RFCO Qty Size DescriptionItem #U/M Q/M Material Unit Material Result Labor Unit Labor Result 4.00 3/4EA EMT STEEL COMP CONNECTOR30384M 1.40 1.80 0.3505 0.4500 5.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 36.63 0.93 7.3267 0.1850 10.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 6.01 0.45 0.6008 0.0450 20.00 1/4"EA PLTD FLAT WASHER160299M 0.88 0.04 0.0441 0.0018 10.00 1/4 x 4"EA TOGGLE BOLT160273M 5.52 1.80 0.5517 0.1800 1.00 EA STUD BRAKET ADJ 17 TO 26" OC630485M 3.67 0.15 3.6672 0.1500 120.00 12FT THHN/THWN CU (STR)70033 M 18.85 1.08 0.1571 0.0090 0.00 PANEL S1 CKT-37 35.00 3/4FT EMT10047M 24.87 2.63 0.7105 0.0750 2.00 3/4EA EMT FIELD BEND20651M 0.00 0.36 0.0000 0.1800 6.00 3/4EA EMT STEEL-COMP COUPLING30304M 2.52 1.26 0.4195 0.2100 2.00 3/4EA EMT STEEL COMP CONNECTOR30384M 0.70 0.90 0.3505 0.4500 5.00 1 5/8" x 1 5/8"HFT P1000 12G UNISTRUT SOLID PLAIN240004M 36.63 0.93 7.3267 0.1850 10.00 3/4EA PLATED EMT U-STRUT CLAMPS240182M 6.01 0.45 0.6008 0.0450 20.00 1/4"EA PLTD FLAT WASHER160299M 0.88 0.04 0.0441 0.0018 10.00 1/4 x 4"EA TOGGLE BOLT160273M 5.52 1.80 0.5517 0.1800 105.00 12FT THHN/THWN CU (STR)70033 M 16.50 0.95 0.1571 0.0090 1,081.09 125.36Phase Totals: 1,081.09 125.36Job Totals: 3300 CORPORATE AVE. SUITE 100 WESTON, FL 33331 Tirone Electric & Data Phone: (954) 989-7162 Web: www.tirone-electric.com Page 4 of 4 7HUPV3ULFHDQG6SHFL¿FDWLRQVRIWKLV3URSRVDO&RQWUDFWDUHKHUHE\DFFHSWHGDQGWKHZRUNDXWKRUL]HG BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &XVWRPHU6LJQDWXUH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 3ULQW1DPH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 'DWH <RXPD\FDQFHOWKLVWUDQVDFWLRQZLWKRXWDQ\SHQDOW\RUREOLJDWLRQZLWKLQWKUHH EXVLQHVVGD\VIURPWKHGDWHRULJLQDOO\VLJQHG $02817'(6&5,37,21 35,&,1*,621/<9$/,')25'$<6 -06,PSDFW//&KDVRQH \HDUIURPGDWHRIGHSRVLWWRREWDLQDOOQHFHVVDU\SHUPLWV PDWHULDOVWRFRPPHQFHZRUN-06,PSDFWLVQRWUHVSRQVLEOHIRUZDOOSDSHURURWKHUVSHFLDOZDOO¿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of 5 Recipient: Request Sponsor: Brief description of Recipient's mission/commitment to the City of Dania Beach: Description of how the funds will be used/deliverables: REVIEW FOR VERIFICATION OF FUNDS. PAYMENT WILL BE RELEASED AFTER COMMISSION APPROVAL. Legal Finance City Manager PLEASE ATTACH ALL DOCUMENTATION NECESSARY TO SUPPORT THE REQUEST Submitted by:Date of submission: Agenda Date: Request Amount: City of Dania Beach Use Request Form Request Date: City Commission Discretionary Funds Florida League of Mayors Board of Directors 8.20.25 The Florida League of Mayors unites municipal leaders across Florida to collaborate on key issues, promote effective governance, and strengthen local communities. $3000 The City of Dania Beach will host the Florida League of Mayors Board of Directors for breakfast at Grampa’s Bakery on September 19, 2025, from 9:00 a.m. to 11:00 a.m. The Florida League of Mayors will cover the breakfast cost. Discretionary funds are requested to provide high-quality swag bags including Dania Beach logo bags and branded items for each Board Member to take home, showcasing our city and leaving a positive, lasting impression. The requested amount of $3000 will be funded from Mayor Davis's discretionary funds. Mayor Joyce L. Davis 8.26.25 8.21.25Mayor Joyce L. Davis 1 Singh, Maxine From:Rachel Embleton <rembleton@flcities.com> Sent:Wednesday, August 20, 2025 5:19 PM To:Singh, Maxine Cc:Davis, Joyce Subject:RE: Hosting the Florida League of Mayors Board Breakfast at Grandpa’s Bakery Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email originated from outside the City of Dania Beach. Do not click links or open attachments unless you recognize the sender and expect the content. Hi Maxine, Thank you so much to you and to Mayor Davis with helping and hosting this breakfast! Yes, the date is September 19, 2025 from 9am to 11am, for approximately 30 people. The registration deadline is September 8, 2025, so after this date I can let you (or the restaurant) know the final count and any people that may have food allergies. I look forward to receiving the contact info from you for the restaurant. Thank you, Rachel Embleton Affiliate Services Coordinator, FACC, FLM Florida League of Cities, Inc. 850.701.3654 www.flcities.com From: Singh, Maxine <msingh@daniabeachfl.gov> Sent: Wednesday, August 20, 2025 3:41 PM To: Rachel Embleton <rembleton@flcities.com> Cc: Singh, Maxine <msingh@daniabeachfl.gov>; Davis, Joyce <jdavis@daniabeachfl.gov> Subject: Hosting the Florida League of Mayors Board Breakfast at Grandpa’s Bakery Good Afternoon Rachel, Mayor Davis asked that I assist with this FLM Board Breakfast. Please confirm the date – September 19, 2025, start time, and duration. 2 Please confirm the approximate # of attendees. I will go to Grampas tomorrow to get a contact for you. Thank you. Maxine Singh , Chief of Staff to the Mayor and City Commission msingh@daniabeachfl.gov | daniabeachfl.gov 100 W Dania Beach Blvd, Dania Beach , FL , 33004 Phone: 954.924.6800, x3607 R.I.S.E. - RESPECT, INTEGRITY AND STANDARD OF EXCELLENCE Please note: Florida has a very broad public records law. Most written communications, including emails, to or from City officials regarding City business are public records and may be subject to public disclosure. From: Davis, Joyce <jdavis@daniabeachfl.gov> Sent: Wednesday, August 20, 2025 3:15 PM To: Singh, Maxine <msingh@daniabeachfl.gov> Cc: Rachel Embleton <rembleton@flcities.com> Subject: Hosting the Florida League of Mayors Board Breakfast at Grandpa’s Bakery Hi Maxine, The City of Dania Beach has the high honor of hosting the Florida League of Mayors Board of Directors for breakfast at Grandpa’s Bakery. We are anticipating approximately 30 board members. Could you please coordinate directly with Rachel Embleton of the Florida League of Mayors (cc’d) and provide her with the appropriate point of contact at Grandpa’s to begin planning and reserving the private space? The Florida League of Mayors will be covering the cost of the breakfast. We’re grateful for their partnership and look forward to showcasing Dania Beach hospitality. Thank you for helping us make this a seamless and memorable gathering. With appreciation, Get Outlook for iOS 3 Joyce L. Davis , Mayor jdavis@daniabeachfl.gov | daniabeachfl.gov 100 W Dania Beach Blvd, Dania Beach , FL , 33004 Phone: 219.670.1066 R.I.S.E. - RESPECT, INTEGRITY AND STANDARD OF EXCELLENCE Please note: Florida has a very broad public records law. Most written communications, including emails, to or from City officials regarding City business are public records and may be subject to public disclosure. City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: OT-016-25: The applicant, the South Broward Hospital District, is requesting to modify a previously approved licensing agreement to utilize parking in the City Parking Garage. Request: The applicant, South Broward Hospital District (SBHD) is requesting to amend their approved license agreement to utilize twenty (20) parking spaces within the City Parking Garage located at City Hall. Background: The recently constructed Soleste development at the northeast corner of North Federal Highway and East Dania Beach Boulevard has secured Memorial Health Care Services as a tenant on the ground floor. On June 24, 2025, SBHD requested twenty (20) parking spaces to be utilized by them Monday through Friday, from 8:00 a.m. to 5:00 p.m. After further negotiation with the City Attorney’s Office, SBHD has requested a few substantial revisions as described below: • If SBHD does not have access to the allocated twenty (20) parking spaces more than once a month the City shall make the spaces “Reserved”. • Both parties are public entities therefore, the indemnification language was changed to muted indemnification under State Law parameters. • Section 11 was modified to include the following language: “Nothing in the License is intended nor shall be construed to create an employer/employee or agent relationship”. The previously approved rate of $125.00 per space per month and the 12-month term is still valid. This amount reflects the proportionate share of annual operation and capital costs, as well as estimated capital and operational reserves for each space in the garage. Budgetary Impact The revenues collected by this agreement will raise $30,000.00 annually. Recommendation Community Development staff is recommending approval of the attached Resolution the revised and license agreement. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE REPLACEMENT OF THE APPROVED LICENSE AGREEMENT AUTHORIZED DURING THE JULY 8TH, 2025 CITY COMMISSION MEETING IN ORDER TO ADDRESS CERTAIN CONCERNS RAISED BY LICENSEE; AND FURTHER AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE REPLACEMENT LICENSE AGREEMENT WITH SOUTH BROWARD HOSPITAL DISTRICT TO USE PARKING SPACES LOCATED IN THE CITY PARKING GARAGE UPON PAYMENT OF APPLICABLE FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 8, 2025, the City Commission authorized the proper City officials to execute a License Agreement with South Broward Hospital District which will allow use of twenty (20) parking spaces located in the City Parking Garage adjacent to City Hall. The cost to the parties to use these spaces will be a base use fee of One Hundred Twenty-Five Dollars ($125.00) per space per month; and WHEREAS, subsequent to the meeting, South Broward Hospital District requested certain clarifications to the agreement, which are substantive and require City Commission authorization, which modified agreement is attached and incorporated by reference into this resolution as Exhibit A. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. On July 8, 2025, the City Commission authorized the proper City officials to execute a License Agreement with South Broward Hospital District which will allow use of twenty (20) parking spaces located in the City Parking Garage adjacent to City Hall. The cost to the parties to use these spaces will be a base use fee of One Hundred Twenty-Five Dollars ($125.00) per space per month. That modified License Agreement is attached as Exhibit “A”, and it is made a part of and is incorporated into this Resolution by this reference. Section 2. That the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper in the best interests of the City, including but not limited to the number of spaces and the base use fee amount. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. RESOLUTION #2025-_____ 2 Section 4. That this Resolution shall take effect ten (10) days after passage and adoption. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 1 PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT (this “Agreement”) is entered into as of the day of _ _ _ _ , 2025, by and between the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (“City or “Licensor”) and SOUTH BROWARD HOSPITAL DISTRICT D/B/A MEMORIAL HEALTHCARE SYSTEM (“Licensee”), 3111 Stirling Road, Hollywood, Florida 33312. RECITALS A. Licensor the owner of a municipal parking garage with a street address of 49 Park Avenue East, Dania Beach, Florida (“Garage”), located on the real property legally described in Exhibit A attached hereto and made a part hereof (the “Garage Property”). B. Licensee has requested that Licensor grant to Licensee the right to use twenty (20) parking spaces within Licensor’s parking garage. C. Licensor has excess parking available in the Garage, and Licensor is willing to do so on the terms herein set forth. NOW, THEREFORE, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the mutual covenants and agreements herein contained, the parties hereto, intending to be legally bound, agree as follows: 1. Parking Spaces. Subject to all of the terms and conditions of this Agreement, including those set forth herein below, Licensee shall have a right and license to use twenty (20) parking spaces (the “Parking Spaces”) in the Garage, subject to the following terms and conditions: a. The Parking Spaces available for Licensee’s use will be located within the Garage. b. The Parking Spaces shall be used by Licensee on a non-exclusive basis Monday through Friday, 8AM-5PM in the common with Licensor and other parties to whom the right to use parking spaces in the Garage has been or is hereafter granted. Neither Licensee nor Licensee’s employees shall park in any parking spaces that are marked reserved or otherwise designated for the exclusive use of Licensor or third parties. c. Licensee’s right to use the Parking Spaces shall terminate upon the expiration or earlier termination or cancellation of the Agreement as provided in paragraph 2 below. d. This Agreement and the lease of the Parking Spaces is personal to the Licensee named herein and may not be assigned to any other party without the prior written consent of Licensor. e. Licensor reserves the right at all times to determine the nature and extent of all common areas and shall have exclusive control and management thereof. Licensor shall have the right to close all or a portion of the common areas to discourage non-customer parking, to prevent a dedication thereof to public use or otherwise to prevent the acquisition of public rights in such areas. Licensor reserves the right to use or permit the use of the common areas for any purpose which, in Licensor’s sole opinion, may be in the best interest of the City. 2 f. If requested by Licensor, Licensee shall furnish to Licensor or its designated agent the state automobile license numbers assigned to Licensee’s vehicles and those of its employees who will use Parking Spaces. Following at least one (1) prior written notice of violation, Licensor or Licensor’s designated agent shall have the right to bill Licensee a fee of Twenty-Five Dollars ($25.00) per day per vehicle parked in violation of this provision. g. If Licensee provides notice to Licensor of the inability of Licensee to use twenty (20) Parking Spaces more than once in a month, Licensor shall provide Licensee with twenty (20) Parking Spaces exclusively for Licensee and marked “Reserved”. The details of the aforementioned Parking Spaces shall be negotiated in good faith by the parties upon the triggering of this clause. 2. Term. The term of this Agreement (the “Term”) shall commence upon the full execution and delivery of this Agreement by both parties and shall continue for twelve (12) months. After the Initial Term, this Agreement shall be deemed renewed automatically each year for an additional one-year period (an “Automatic Renewal Term”), until terminated by either party upon thirty (30) days’ prior written notice to the other party. Notwithstanding the foregoing or any provision herein to the contrary, Licensor, at its sole discretion and upon ten (10) business days prior notice to Licensee, may decrease the number of Parking Spaces provided to Licensee; provided, however, if Licensor elects to decrease the number of Parking Spaces provided to Licensee, then Licensee shall have the right to immediately terminate the Agreement upon notice to Licensor. 3. Consideration. As consideration for Licensee’s use of the Parking Spaces, Licensee shall pay to Licensor a fee (the “Fee”) in the amount of $125.00 per Parking Space, per month, for a total of $2,500.00 per month for all twenty (20) Parking Spaces. The Fee shall be due and payable on the first day of each month during the Term and shall be payable without prior demand or notice therefore, and without any deduction, recoupment, set off or counterclaim. Additionally, Licensee is solely responsible for the payment of any and all applicable taxes or assessments of any kind imposed by any governmental authority having jurisdiction over all or any part of the Building and measured by or with respect to the Fee (other than federal or state income tax) payable by Licensee pursuant to the terms of this Agreement, including, without limitation, any applicable State of Florida sales tax. 4. Default. If Licensee shall fail to timely pay the Fee when due, or shall otherwise fail to observe or perform any other terms or condition of this Agreement (and such failure shall remain uncured for ten (10) business days after written notice from Licensor to Licensee), Licensor shall have the right to terminate this Agreement, and/or pursue any other rights or remedies available at law or in equity. 5. Insurance. 5.1 Required Coverage. Beginning on the Commencement Date, and throughout the Term, Licensee shall maintain Commercial General Liability Insurance naming the City as an Additional Insured, written on a carrier licensed to do business in Florida with an AM Best rating of A- or better. Coverage must include, at a minimum: (i) Premises Operations, (ii) Products and Completed Operations, (iii) Blanket Contractual Liability, (iv) Personal Injury Liability, and (v) Expanded Definition of Property Damage. The minimum limits acceptable are $1,000,000 Per Occurrence, $2,000,000 Per Location Aggregate. The use of an excess/umbrella liability policy to achieve the limits required by this paragraph will be acceptable as long as the terms and conditions of the excess/umbrella policy are no less restrictive than the underlying Commercial General Liability policy. 5.2 Adequacy of Insurance Coverage. City has the right to periodically review the adequacy of the insurance coverage required by this Agreement. The City may request a change in the insurance coverage if the requested change is reasonable, customary, and commonly available. 3 5.3 Evidence of Insurance. Licensee must provide satisfactory evidence of the required insurance to the City. Satisfactory evidence of insurance is either: (i) a certificate of insurance; or (ii) a certified copy of the actual insurance policy 5.4 Cancellations and Renewals. All insurance policies must specify that they are not subject to cancellation or non-renewal without a minimum of 45 days notification to the Licensee; and a minimum of 10 days notification for non-payment of premium. Licensee will provide the City a minimum of 30 days written notice if any policies are cancelled or non-renewed, and 10 days written notice for non-payment of premium. 6. Indemnification. Licensee agrees to and shall release, indemnify, defend and hold harmless the City, and their respective agents, employees, consultants, officers, directors, owners, appointed and elected officials and representatives, from any and all liability, claims, damages, expenses, actions, and costs of actions (including attorney’s fees and costs, and attorneys’ fees and costs on appeal), of any kind and nature arising or growing out of or in any way connected with Licensee’s negligence, willful misconduct or default under this Agreement or connected with the use, occupancy of the Garage, the and the parking spaces. 7. Liability. City shall not be liable for any loss or damage to the property of Licensee or the property of the patrons, invitees, and customers, and employees of Licensee, whose vehicles are parked in Parking Spaces under this Agreement. Both parties are political subdivisions of the State of Florida. Therefore, neither party shall be held liable under any contract, negligence, strict liability, or other legal or equitable theory for any amounts exceeding the limits set for tort liability in Section 768.28 of the Florida Statutes. These limits apply to all types of claims related to this Agreement and are not limited to tort liability. Furthermore, nothing in this document shall be interpreted as a waiver of either party's sovereign immunity under Section 768.28 of the Florida Statutes. 8. Notices. All notices of any kind, whether required, anticipated, or convenient, related to this Agreement, shall be in writing, and shall be deemed sufficiently made or given when delivered personally, or by courier service or, if mailed, by certified mail, postage prepaid, return receipt requested, addressed as follows, or as may be requested by either party hereto from time to time by like notice given to the other party: To Licensor: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Attn: Ana M. Garcia, ICMA-CM, City Manager With copies to: City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Attn: Eve A. Boutsis 4 To Licensee: South Broward Hospital District 3111 Stirling Road Hollywood, Florida 33312 Attn: Property Management With copies to: South Broward Hospital District 3111 Stirling Road Hollywood, Florida 33312 Attn: General Counsel 9. Payment: Payments due from Licensee under this Agreement shall be payable to the City, at the following address: Dania Beach Finance Department City Hall 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 10. Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. 11. License. This Agreement constitutes a license and does not rise to the level of a real property interest in the Garage, and the Parking Spaces. Nothing in the License is intended nor shall be construed to create an employer/employee or agent relationship. 12. No Assignment or Sub-Lease. Licensee shall not assign, transfer, sub-lease or otherwise hypothecate, pledge, or encumber this Agreement or Licensee’s rights under this Agreement, nor shall Licensee permit or suffer any person or entity other than its employees, guests and invitees to use or occupy all or any part of the parking spaces without City’s prior written consent, which consent may be withheld in City’s sole discretion. 13. Insurance. Licensee shall, at its cost, procure and maintain and keep in force at all times thereafter during the Term the following insurance with respect to the Parking Spaces: (a) Commercial General Liability Insurance with contractual liability coverage for the Parking Spaces a single limit of $1,000,000 per occurrence; (b) Workmen's Compensation and Employer's Liability Insurance in the amounts required by the laws of the State of Florida; (c) automobile liability insurance covering any owned, non-owned, leased, rented or borrowed vehicles of Licensee with limits no less than $1,000,000 combined single limit for property damage and bodily injury, and (d) such other insurance as the City may reasonably require and which is permitted by law. Prior to the Commencement Date, Licensee shall deliver to the City copies of the aforementioned policies. 5 14. Public Records Law. Public Records Law. Nothing in the Lease requires either party to violate applicable law. Without limitation of the foregoing, neither party will be deemed to be in breach of the Lease for withholding records when such release is not permitted by law, or for disclosing information when disclosure is required by law. The City understands that Licensee is a Political Subdivision of the State of Florida and, as such, is subject to Ch. 119, Fla. Stat., commonly known as the Public Records Law. Nothing herein requires either party to waive any privileges or disclose any item entitled to be kept confidential under the law including, without limitation, material protected under attorney client privilege, attorney work product privilege, and Medical Review Committee privilege and Trade Secrets as defined by Florida Law. A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Licensee of the request, and the Licensee shall provide any non-exempt records to the City or allow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically that are not entitled to be kept confidential under the law must be provided to the City, upon request, in a format that is compatible with the information technology systems of the City. Failure of the Licensee to provide public records to the City within a reasonable time or allowable cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for termination of the License by the City, in addition to any other remedies available under the Contract or by law. 15. Entire Agreement: Amendments. This Agreement comprises the entire agreement and understanding of the parties, and all prior negotiations, correspondence, proposals, verbal understandings and other prior documents are superseded and hereby merged into this Agreement, which shall not be amended or modified except by a formal written instrument executed by the parties hereto. 16. WAIVER OF JURY TRIAL. LICENSOR AND LICENSEE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ANY OTHER WITH RESPECT TO ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HERETO, LICENSEE’S USE OF THE PARKING SPACES, AND/OR ANY CLAIM OF INJURY OR DAMAGE. SIGNATURES ON THE FOLLOWING PAGES 6 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED FOR FORM AND CORRECTNESS: ANA M. GARCIA CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 7 LICENSEE: Witnesses: South Broward Hospital District d/b/a Memorial Healthcare System Signature Signature PRINT Name PRINT Name Signature Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ______ , 2025, by ________________________, as _______________ of South Broward Hospital District. He/She is personally known to me or has produced ____________ as identification. NOTARY PUBLIC My Commission Expires: State of Florida City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, Public Services Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO ACCEPT THE PROPOSAL FROM KIMLEY HORN AND ASSOCIATES, INC. FOR PROFESSIONAL DESIGN ENGINEERING AND PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE BSO SALLY PORT PROJECT. Request: The Public Services Department (PSD) is requesting approval of a Work Order (WO) for “BSO Sally Port” with Kimley Horn and Associates, Inc. (Kimley Horn) for architectural, engineering design, and associated consulting services to enhance the BSO Substation located at 803 NW 1st Street, specifically involving improvements to the rear parking lot and the addition of a sally port. These upgrades are intended to enhance overall safety and security for law enforcement personnel during the transport and intake of detainees at the facility. Background: The BSO Substation, located at 803 NW 1st Street, currently lacks adequate parking accommodations for law enforcement personnel and does not provide a secure method for transporting detainees into the facility. At present, detainees must be escorted through the front entrance of the building, which is not enclosed by any secure perimeter, posing significant safety and operational concerns. Furthermore, the site has a limited number of parking spaces located at the front of the building. As a result, personnel are required to park in a lot across the street and cross the roadway on foot to access the facility, further impacting safety and operational efficiency. The proposed Work Order includes design and engineering services for the enhancement of the rear parking lot and construction of a sally port representing a critical security and operational upgrade. Improvements will include the design of perimeter security walls, and an ADA- compliant access ramp, automated secure vehicle gates, and high-intensity lighting systems to support controlled access and ensure the facility complies with modern safety, accessibility, and security standards. The attached WO for Kimley Horn’s Service will provide architectural and engineering services for 100 percent of the comprehensive design of two phases including design plans, permitting, bidding assistance, and post-design services required for this project. Budgetary Impact Funding will be appropriated from GL Account #301-21-05-521-31-10 in the amount of $199,608. Recommendation PSD recommends approval of the WO from Kimley Horn for the BSO Sally Port Project. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DESIGN ENGINEERING SERVICES AND PROJECT MANAGEMENT SERVICES FROM KIMLEY HORN AND ASSOCIATES, INC. FOR DESIGN AND PERMITTING WORK FOR THE BSO SALLY PORT IN THE AMOUNT OF ONE HUNDRED NINETY-NINE THOUSAND SIX HUNDRED EIGHT DOLLARS; PROVDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach BSO Substation located at 803 NW 1st Street currently lacks adequate parking accommodations for law enforcement personnel and does not provide a secure method for transporting detainees into the facility; and WHEREAS, Kimley Horn and Associates, Inc. will provide engineering, project management, design plans, permitting, and bidding assistance services related to this project in the amount of One Hundred Ninety-Nine Thousand Six Hundred Eight Dollars ($199,608), which proposal is made a part of and incorporated into this Resolution as Exhibit “A”; and WHEREAS, Kimley Horn was chosen as one of fifteen firms awarded a contract as an approved engineering consultant for continuing contract services by the City Commission on January 12, 2021, pursuant to RFQ No. 20-005 under Resolution No. 2021-007; and WHEREAS, the Public Services Department is requesting authorization to accept the proposal for design engineering and project management services from Kimley Horn for the BSO Sally Port Project: 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 Kimley Horn is authorized to provide design engineering and project management services for the BSO Sally Port Project in the amount of One Hundred Ninety-Nine Thousand Six Hundred Eight Dollars. Section 3. That funding for this project will be appropriated from GL Account #301- 21-05-521-31-10. 2 RESOLUTION #2025-_____ Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the services Agreement as are deemed necessary and proper and in the best interest of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 July 28, 2025 Megan Yany Lead Project Manager City of Dania Beach 1201 Stirling Road Dania Beach, FL 33004 Re: BSO Sally Port 803 NW 1st Street Dania Beach, FL 33004 Scope of Services for Professional Design Services Dear Ms. Yany: Kimley-Horn and Associates, Inc., (hereinafter referred to as “Consultant” or “We”), in connection with the City of Dania Beach’s “Continuing Architectural, Surveying, Landscape Architecture and Engineering Consulting Services”; RFQ 20-005 is pleased to submit this proposal to the City of Dania Beach, (hereinafter referred to as “City”) to provide professional services. Our project understanding, scope of services, schedule, and fees are below. PROJECT UNDERSTANDING We understand that the City of Dania Beach, in partnership with the Broward Sheriff’s Office (BSO), is seeking a qualified design consultant to deliver comprehensive design services for the enhancement of the rear parking lot and sally port areas at the BSO Police Station located at 803 NW 1st Street. This project is a critical security and operational upgrade intended to improve controlled access, ADA compliance, and overall functionality of the facility’s secure zones. The scope of work includes civil, architectural, structural, power distribution and lighting design, and security and access control system design. Key elements include the design of perimeter security walls, ADA-compliant access ramp, automated secure vehicle gates, and high-grade lighting systems for both the rear parking lot and sally port. Secure enclosure for the booking room not included in the scope of services per the City’s request. Tree Appraisal, Tree Mitigation (if required), Landscape and Irrigation Plans will be prepared by the City. We recognize the importance of this project in supporting the operational needs of law enforcement personnel and the safety of both staff and detainees. Our team is prepared to deliver a full suite of services from site analysis and schematic design through construction documentation, permitting support, and construction administration. We are committed to delivering a design that meets the City’s goals for security, accessibility, and long-term durability, while adhering to applicable codes and standards. The scope of work is predicated on the development program as generally described above. July 28, 2025, Page 2 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 SCOPE OF SERVICES Consultant will provide the services specifically set forth below. Task 1 – Site Investigation Task Task 1.1 – Topographic Survey The Consultant will engage a sub-consultant (licensed surveyor) to prepare a Topographic Survey meeting the Standards of Practice established by The Board of Professional Surveyors and Mappers within the State of Florida. The survey will include the following: · Obtain horizontal and vertical control points to support the survey efforts · Vertical control (elevations) will be based on North American Vertical Datum of 1988 (NAVD88) · Horizontal control will be based on the Florida State Plan Coordinates System, East Zone, North American Datum of 89/90 · Spot elevation will be measured approximately every 25 feet and at the high and low spots. · Measure the finish floor elevation of buildings · Locate surface features within the survey limits as follows: buildings, pavement, driveways, paved swales, sidewalks, slabs, curbs, walls, fences, and signage. · Locate visible surface evidence of utilities as follows: utility poles, guy wires, street lighting, storm sewer structures, sanitary sewer structures, wire pull boxes, cable enclosures, utility cabinets, valves, valve boxes, meter boxes, backflow preventers, fire hydrants, and overhead utilities. · Measure the rim and invert elevation of sanitary and storm sewer structures that are accessible. Determine pipe sizes, size, and flow direction, when possible. Structures located within active roadways will be as-built at the field crew’s direction, based on safety considerations. · Locate road pavement · Locate hedge and trees 3 inch in diameter or larger. Denote diameter and common tree name only. Prepare a Tree Table which lists each tree species by common name, survey point number, and trunk diameter. · Description of Parcels and right-of-way lines on the survey for informational purposes only, said lines will be based on Broward County Property Appraiser’s GIS Map. · Calculation of Digital Terrain Model (DTM) surface/Object Surface or Contour are not included. The Consultant will coordinate directly with the surveyor to ensure the appropriate data is gathered during the completion of the topographic survey. Consultant will review topographic data upon completion of the survey and provide the comments to the surveyor, if necessary. Consultant will utilize the AutoCAD version of the topographic survey and establish the base plans for the project. All work under this task will be billed on a lump sum basis. Task 1.2 – Geotechnical Investigation The Consultant will retain a geotechnical engineering firm to acquire the soil information to estimate subsurface soil conditions, soil infiltration rates, pavement recommendations, and soil permeability. This task includes the completion of two (2) Standard Penetration Test (SPT) soil borings with a depth of 20 feet to verify the subsurface soil conditions and two (2) borehole permeability tests within the project area. All work under this task will be billed on a lump sum basis. Task 1.3 – Document Research/Review The Consultant will review readily available topographic surveys, atlas/as-built drawings, design drawings, record drawings, permit documents and/or master plans relevant to the project limits. Consultant will use this information to determine and verify the configuration of existing conditions along July 28, 2025, Page 3 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 with limitations on the proposed improvements. Consultant will also review plat maps for the project areas to confirm the presence of utility easements. Consultant will contact the Sunshine State One Call Service to determine the existing utilities which are located in the project area. As necessary, Consultant will coordinate directly with the utility providers with existing infrastructure within the project area to obtain any available system maps. Consultant will incorporate the approximate location of the existing underground utilities into the design plans based on readily available drawings. All work under this task will be billed on a lump sum basis. Task 1.4 – Project Site Visits Consultant will perform two (2) site visits to the project area to verify the impact of the existing conditions on the configuration of the proposed improvements. Consultant will walk the entire site within the project limits and obtain photographs of potential obstruction and encroachments that may impact the proposed improvements. Consultant will conduct one (1) additional site visit to confirm the accuracy of the topographic survey and to identify potential impacts on the proposed improvements. All work under this task will be billed on a lump sum basis. Task 2 – Preparation of On-Site Civil Engineering Plans This task will consist of and is limited to the following scope of services: Consultant will prepare civil engineering plans for the Project. Consultant will provide the engineering plans for each phase (defined below). Consultant will respond to up to one (1) round of reasonable review comments from the Client at each design stage. · Schematic Design (30% Civil Plans)-Preliminary Engineering Plans · Design Development (65% Civil Plans) – Plans for Regulatory Agency submission · Final Construction Documents – Final Plans for Bidding and Construction Consultant will provide utility and stormwater connections to the building within five (5) feet of the exterior of the building. Consultant will coordinate with its subconsultants responsible for the lighting, for connection locations. Consultant will prepare stormwater management calculations for the post development condition for the water quantity attenuation and the water quality treatment requirements. Consultant will prepare stormwater calculations for the project site in accordance with SFWMD requirements for permitting with the agencies noted. The documents for this task will include the following items: · Cover Sheet · General Notes · Existing Condition Plan, Details, and Notes · Demolition Plan, Notes, and Details · Paving, Grading, and Drainage Plan · Paving, Grading, and Drainage Details · Cross-Section Plan · Pavement Markings and Signage Plans and Details Provide an Opinion of Probable Construction Costs at the 65% and Final Construction Document submittals for proposed improvements. July 28, 2025, Page 4 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 Task 3 – Preparation of Architectural, Structural, Power Distribution and Lighting Design, Security and Access Control Systems and Cost Estimating The Consultant will engage a sub-consultant to prepare the following items. This task will consist of and is limited to the following scope of services: Task 3.1 – Architecture Services Architectural project understanding The Consultant will engage a sub-consultant (licensed architect) for the following scope of work. Rear Parking Lot and Sally Port Enhancements: Perimeter Security Wall, ADA Access Ramp, Coordinate Automated Secure Vehicle Gate, and Lighting coordination. Enhanced Security System: Design and Integration of Surveillance (CCTV) coverage of parking and sally port access control, emergency communication systems, and integration with existing infrastructure. The documents for this task will include the following items: · Architectural Site Plan · Floor Plan · Exterior Elevation · Roof Plan · Finish and Door Schedule Plan · Miscellaneous Details Task 3.2 – Structural Engineering Structural engineering project understanding The Consultant will engage a sub-consultant (licensed structural engineer) for the design of an ADA- compliant access ramp, perimeter site walls, and light pole footings at the existing BSO facility. The City requests the Consultant to provide analysis, design, construction documents, structural calculations, and construction observation for the subject project’s structural systems. The assumed structural system is taken as follows: · Concrete shallow foundations. Foundations to be designed per Geotechnical Report recommendations. Deep foundations design (i.e. piles, grade beams, etc.) may be subject to a revised fee. · Cast-in-place concrete ramps · Reinforced CMU or cast-in-place concrete site walls and gate support with shallow concrete foundations · Reinforced concrete footings for site light posts The following items are to be included in this proposal: · Phases - Schematic Design - Design Development - Construction Documents July 28, 2025, Page 5 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 - Permitting - Bidding - Construction Administration (RFIs, Submittal review, site visits) · Specifications Construction Documents Task 3.2a – Project Kick-off and Schematic Design Consultant will attend one (1) kick-off meeting with the design team, to review the desired design elements and the project’s deliverable schedule. Consultant will provide a narrative describing the structural design criteria and minimum requirements per the Florida Building Code (FBC). The narrative is to include but not limited to the following: • Gravity and lateral design criteria • Description of foundation system, including unique foundation conditions, and relate to geotechnical report • Description of structural systems including alternates considered Preliminary structural design plans shall also be provided and include the following items: • Establish locations for major gridlines, columns, shear walls and other vertical element • Determine dimensional requirements and size of typical structural components • Single line floor and roof framing plans showing preliminary layout of structural elements If required, the Consultant will review pertinent portions of the Outline Specifications. Task 3.2b – Design Development The consultant will continue development of structural design with ongoing coordination with Architectural, Mechanical, Electrical, and Plumbing disciplines. The consultant will attend up to two (2) meetings and/or conference calls limited to two (2) hours each, with the City/Architect to discuss any changes to the project from the previous phase. Structural design drawings for this phase shall include the following: • List of structural materials in use, including material strengths • Finalized locations for gridlines, columns, shearwalls and other vertical elements • Location of control and expansion joints • Location and size of foundation elements • General CMU wall reinforcing design • Sections showing critical structural components and relationships • Standard details applicable to the project • Preliminary foundation, column and wall schedules • Scope and loading requirements for miscellaneous/prefabricated specialty engineered items. Consultant will also provide Draft Specification sections in this phase. Task 3.2c – Construction Documents Consultant will finalize structural design documents signed and sealed for permit application with design July 28, 2025, Page 6 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 criteria and minimum requirements per the Florida Building Code (FBC). The consultant will attend up to one (1) meeting and/or conference calls, limited to two (2) hours, with the City/Architect to discuss changes to the project from the previous phase. Structural design drawings for this phase will include but not be limited to the following: • General structural construction notes including design criteria, material specifications, scope of miscellaneous/prefabricated specialty engineered items, and contractor responsibilities • Finalized gravity and Components and Cladding wind diagrams and tables • Foundation plans o Location and sizes of foundation elements, columns, walls, and special equipment o Slab-on-grade elevation/ramp elevation, depressions, slopes, steps, and reinforcement requirements o Pertinent section cuts for foundation elements • Fully developed building sections showing critical structural elements and relationships • Standard and project specific structural details o Foundation details showing relationship to structural system o Typical and project specific reinforcement requirements for concrete and CMU elements • Final foundation, column, and wall schedules providing size, and reinforcement requirements. If required by the jurisdiction, structural engineering design calculations for structural elements including in the structural drawings will be provided by the consultant. The consultant will also provide Specifications sections on the plans. At the completion of this phase, any plan revisions or comments that are required due to a significant design change by the City or City’s consultants shall result in an additional service Task 3.2d – Permitting Consultant will provide responses to Permit Review Comments pertaining to the items included in the construction documents as noted in the Project Understanding and structural sections above. Any Permit Review Comments resulting in the required addition of structural elements caused by changes from the City, Contractor, Client, or other Subconsultant, will result in additional services. Consultant does not guarantee the issuance of permits or approvals. If permits are issued for this project, the conditions and expiration dates are the sole responsibility of the City. Task 3.2e – Bidding The Consultant will assist with and advise the City during the bidding process. This task is limited to one (1) pre- bid meeting and issuance of response to interested contractor request for information during the bid process. All responses by the Consultant will be approved by City prior to issuance. Task 3.2f – Construction Administration Consultant will provide services during the construction phase specifically as stated below: • The Consultant will attend a Pre-Construction meeting to assist the City in responding any questions from the Contractor regarding the structural components of the project. • The Consultant will attend OAC construction meetings, as necessary and as requested by the City, to discuss the development of the construction and provide professional consultation July 28, 2025, Page 7 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 to the City in regards to the design elements related to the Consultant. • Consultant will review and take appropriate action in respect to Shop Drawings, samples, testing data, and other data the Contractor is required to submit per the Contract Documents. Review of such items is limited to only for conformance with the information given in the Contract Documents prepared for the scope of service herein. Review of shop drawings is limited to two (2) reviews, unless changes made by the Consultant necessitate revisions to shop drawings. Such review and approvals or other actions taken by the Consultant will not extend to means, methods, techniques, equipment choice and usage, schedules, procedures of construction, or to related safety programs. • Consultants will respond to reasonable and appropriate Contractor requests for information (RFI) and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by the City. • Consultant will attend periodic construction observation visits. Field reports will be issued to the City for field visits performed during construction. Consultant shall have no responsibility for any contractor’s means, methods, techniques, equipment choice and usage, schedules, procedures of construction, safety programs, or safety practices, nor shall the Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the Contract Documents. The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. Task 3.3 – Power Distribution and Lighting Design The Consultant will engage a sub-consultant (Power Distribution Design and Lighting Design) Engineering Design: A. Site Investigation o One (1) site visit to document existing conditions B. Power Distribution Design o Power for security gate and sally port o Power for parking lot and sally port lighting o Miscellaneous power and coordination for technology and security systems C. Lighting Design o Lighting design for surface parking lot and sally port area o Photometric calculations D. Base Scope Technology Systems Design o Provide Infrastructure for security system Design will include code reviews, coordination with Authorities Having Jurisdiction (AHJ), and development of drawings and specifications necessary for soliciting competitive bids for the installation of these systems. Permitting Support: A. Review and response to building plan review comments July 28, 2025, Page 8 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 Bidding Services: A. Review and evaluation of up to five (5) short-listed contractor bids B. Attendance of pre-bid meeting C. Response to pre-bid RFI’s Construction Administration: A. Construction duration is estimated to be 6 months B. Review of shop drawings and product data sheets C. Response to contractor RFI’s D. No site visits currently included Close-out Documents: Verification of Nighttime Light Levels A. Provide one (1) post-construction nighttime measurements of light levels in surface levels in surface parking lot. Task 3.4 – Security and Access Control Systems The Consultant will engage a sub-consultant (licensed security and access control engineer) for the following scope of work. The Consultant anticipates submittals at the following design stages: A. Field Investigation B. Construction Documents C. Bidding/Permitting D. Construction Administration Construction Phase Services provided for this project will include: A. Response to bidder questions. B. Response to local permitting official’s comments. C. Response to Contractor’s Request for Information (RFI) during the construction period. D. A total of two (2) site visits to become generally familiar with the progress and quality of the construction work in order to determine if the work is being performed in general accordance with the construction documents. Substantial completion and final inspection, if requested, would each constitute a site visit. Task 3.5 – Cost Estimating The Consultant will engage a sub-consultant (professional cost estimator) for the following scope of work. The Consultant will adhere to the CSI Master format standards for construction cost estimating and will incorporate line-item construction costs specific to the region. Task 4: Regulatory Agency Assistance The Consultant will prepare and submit applications, calculations, supporting documents and plans for review by the following agencies: July 28, 2025, Page 9 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 o Broward County Environmental Engineering and Permitting Division - Surface Water Management Program o Broward County Traffic Engineering-Pavement Marking and Signage (if required) o City Building Permit - As part of this permit, Consultant will assist the City and the selected Contractor in completing the necessary applications and plans for a City of Dania Beach building permit submittal. No other agency approvals are anticipated or included in this scope of services other than those identified above. All permitting fees will be the responsibility of the City. No other agency approvals are included in this scope of services other than those identified above. Consultant does not guarantee the issuance of permits or approvals. If permits are issued for this project, the conditions and expiration dates are the sole responsibility of the City. Consultant is not responsible for extending time limited entitlements or permits. Consultant can provide hourly additional services to file for extensions, if applicable, provided the City issues a direct written request for each requested entitlement, prior to the dates of expiration. The City shall provide all permit fees. All work under this task will be billed on a lump sum basis. Task 5: Limited Bidding Assistance It is our understanding that the City will use a competitive bidding process to award the contract to a qualified contractor to construct the improvements in two separate phases. Consultant shall consult with and advise the City for the proposed improvements during the bidding process. This task is limited to attendance of one (1) pre-bid meeting and issuance of addenda in response to interested contractor questions or requests for information during the bid process. All responses by the Consultant will be approved by the City prior to issuance. Once bids are received, the Consultant will review the bids and provide a recommendation to the City of the apparent low bidder’s price proposal. The City will be responsible in making the award. Task 6 – Limited Construction Phase Services Consultant will be available to provide construction phase services as requested by the Client or as- needed to provide substantial certifications to the applicable agencies having jurisdiction up to the budget allocated for the task in two separate phases. Further coordination and support can be provided as hourly basis beyond estimated budget. These services may consist of the following and will be provided in accordance with the general construction phase services scope below: 1. Attend up to four (4) in-person construction meetings. 2. Review and approval of shop drawings and submittals required for the site improvements controlled by our design documents. It is assumed ten (10) total reviews are anticipated in total for both phases combined. 3. Review and reply to Contractor’s requests for information during construction phase, up to eight (8) RFI’s. July 28, 2025, Page 10 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 4. Site observation visits which shall include preparation of a ‘site report’ to be issued to the Client, as requested. Site visits shall be coordinated with the Client and General Contractor which may include pre-construction meeting with the General Contractor, punch list walk-through, and close- out review. It is assumed eight (8) total reviews are anticipated. 5. Review of ‘as-built’ documents, prepared by Client’s surveyor, and assist with obtaining final inspections and Certifications of Completion, as required for approval of the project. 6. Submit closeout packages (bills of sale, as-builts, certifications) to appropriate agencies. If the Consultant provides construction phase services, Consultant shall have no responsibility for any contractor’s means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall we have any authority or responsibility to stop or direct the work of any contractor. Consultant’s visits shall be for the purpose of providing the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform their work in accordance with the contract documents. Limitation of Responsibilities: Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. Task 7 – Reimbursable Expenses Reimbursable expenses will be invoiced based upon expenses incurred. Direct reimbursable expenses such as express delivery services, courier services, in-house reproduction, and permit fees. This task also includes fees for permit applications and any additional miscellaneous design, if authorized by the City. PROJECT ASSUMPTIONS · The City will provide all available topographic surveys, atlas/as-builts, record drawings, permit documents, reports and/or master plans relevant to the project area. · Accurate existing MEP building drawings are available and no extended site visits are required to recreate existing electrical distribution, including riser diagram and panel schedules. · This scope does not include any services required for easement or right-of-way acquisitions. · Drainage Well (Gravity or Pressurized) or stormwater pump station design is not included in scope of services. Scope anticipates utilizing exfiltration trench for mitigation for addition of impervious areas. · The specifications provided herein will be included in the project plans and not technical specifications. · The City will help coordinate with the power and communications providers. · The City will provide existing security system which the consult will need to interface with. · Drainage calculations will only be provided for the areas within the Project limits. · The City will provide all required permit fees. · The selected contractor will be responsible for obtaining any City of Dania Beach Building Permit required for this project along with all related coordination and preparation of any backup documentation required for the City of Dania Beach Building Permit. Consultant will only be responsible for reasonable revisions requested by the City of Dania Beach Building Department. · The City will provide timely responses to information included within each submittal. July 28, 2025, Page 11 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 · The City shall be responsible for bid advertisement, distribution of bid documents to interested bidders, processing all bid submittals, and verification that each bid submittal meets all Purchasing related requirements. · Consultant will submit monthly invoices, which will be payable by City within 25 days. · The City will reimburse Consultant for any document reproduction costs for all submittals to regulatory agencies. · Reimbursable expenses for mileage for any site visits have been included in the lump sum fees. · Additional reimbursable expense requested by the City outside of the items defined within scope, such as additional land surveying, geotechnical testing, utility testholes, laboratory testing, permit fees, shall be invoices as defined in our contract agreement with the City. · Detailed listed species surveys and/or permitting is not included in the scope of services. · FDOT permitting not included in the scope of services. · Environmental services not included in scope of services. · No offsite work (water, sewer, drainage) is anticipated and therefore excluded from the scope of services. · Dry utility coordination or design is excluded from the scope of services. · Structural Engineer’s list of services not included: Major revisions/changes to the project after the drawings have been issued for permit, photovoltaic panels and/or its support, specifications, engineered shoring design, delegated design (including but not limited to pre- engineered/manufactured roof trusses, and steel gate), and additional construction administration services, including but not limited to ( consultation during construction concerning damage, defects or deficiencies in the work of a contractor, evaluating change orders, providing construction estimates, and special inspections during or after construction). · Power Distribution and Lighting Design Engineer’s list of exclusions: upgrades to existing electrical service, any work outside of the area in scope, including any upgrades related to building code deficiencies, HVAC system design, plumbing system design, fire alarm system design, fire protection system design, technology system including surveillance, access control, and other systems, generator design, engineering cost estimates, MEP record drawings based on contractor as-built drawings, short circuit, Arcflash, and coordination studies, and any scope items not listed under scope of work. · Security and Access Control Engineer’s list of exclusions: Construction site visits or attendance at design review or OAC meetings, as requested by the City, in excess of the number of visits defined in this proposal, Value Engineering meetings and subsequent engineering or design revisions to incorporate accepted value engineering items, including changes to system design after construction documents have been completed. Significant revisions to the program, design philosophy or Architectural plans after Design Development approval, or to systems selected following schematic phase, and which result in redesign expenses. BIM Modeling level of detail, Model deliverables, or Consultant’s role in the coordination process, Detailed project phasing, preparation of multiple phasing plans, or preparation of multiple sets of construction documents or document packages. This includes project phasing for budget purposes as well, change in applicable code, resulting in redesign effort or expenses, Design of smoke-control systems, and /or design of smoke-management systems for atria and other large spaces, Electrical Circuit Breaker Coordination Study and/or Arc Flash Study, Design of emergency power, UPS, or generator systems, Energy modeling or preparation of systems life cycle cost analysis (LCA), Currently unidentified specialty electrical, lighting or communication systems, including voice/data, audio/visual, security, or other low voltage electronic systems, Acoustical consulting, Active Network Electronics (Network Switches, Routers, Firewalls, Etc.), Personal computers, copiers, printers, tablets or laptops, Cable TV or Satellite headend systems, Overhead paging, Intrusion Detection, Phone systems and phone handsets, Video wall design, Document reproduction beyond those required for in-house coordination and submittals as outlined above, Design of site features and amenities outside of building footprint and not directly attached to the building, Development of “as-built” or record drawings, Detailed cost estimating services, Commissioning of building July 28, 2025, Page 12 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 systems, Additional Site visits to the site as required in order to provide "verification letters" to the authority having jurisdiction that Consultant has witnessed work after the AHJ inspection, The effort and cost indicated reflects the effort based upon a continuous project. Consultant reserves the right to submit for additional services if the project is put on hold for a period of more than 6 months and re-started, Public Safety and Cellular DAS Systems Design. · Secure enclosure for the booking room not included in the scope of services per the City’s request. · Arborist Report, Landscape Architecture services (Tree Mitigation, Planting and Irrigation Plans not included in the scope of services). Landscape and Irrigation Design services will be provided by the City. If this additional scope of services is requested, Additional Services will be required. PROJECT SCHEDULE Consultant will start work immediately upon receipt of Notice to Proceed and an official authorization from the City of Dania Beach. July 28, 2025, Page 13 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 METHOD OF COMPENSATION Task Task Description Lump Sum Fees 1 Site Investigation Task $24,935 1.1 Topographic Survey 1.2 Geotechnical Investigation 1.3 Document Research/Review 1.4 Project Site Visits 2 Preparation of On-Site Civil Engineering Plans $50,425 3 Preparation of Architectural, Structural, Power Distribution and Lighting Design, Security and Access Control Systems, and Cost Estimating $92,398 3.1 Architecture Services 3.2 (a-f) Structural Engineering 3.3 Power Distribution and Lighting Design 3.4 Security and Access Control Systems 3.5 Cost Estimating 4 Regulatory Agency Assistance $9,500 5 Limited Bidding Assistance $7,465 6 Limited Construction Phase Services $13,385 7 Reimbursable Expenses $1,500 Total $199,608 July 28, 2025, Page 14 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 CLOSURE The terms and conditions of the City of Dania Beach Request for Qualifications (RFQ) No. 20-005, City of Dania Beach’s “Continuing Architectural, Surveying, Landscape Architecture and Engineering Consulting Services”; shall govern this scope of services. If you concur with the foregoing and wish to direct us to proceed with the aforementioned services, please issue a Notice to Proceed in writing to the Consultant. Fees and time stated in this agreement are valid for sixty (60) days after the date of issuance by the Consultant. We appreciate the opportunity to propose these services to you. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. George Balaban, P.E. Vice President City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, Public Services Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO AWARD ITB NO. 2025-015 “DANIA BEACH WOMAN’S CLUB RESTORATION” Request: The Public Services Department (PSD) is requesting the City Commission's approval to award Bid (“ITB”) No. 2025-015 “Dania Beach Woman’s Club Restoration” to Emenco Corp. Background: The Dania Beach Woman’s Club is designated as a historic property by the City of Dania Beach. The property is scheduled for a restoration to its original development circa 1935 which had a significant addition in 1952. The restoration project consists of structural repairs, new insulation, a new HVAC system, electrical system, plumbing system, expansion of existing restroom, painting, and miscellaneous repairs. The project's ITB No. 2025-015 “Dania Beach Woman’s Club Restoration” was made available on the City’s OpenGov platform. On June 20, 2025 the bids were opened in a public forum. The City received four submissions from the following bidders, along with their proposed pricing: • William & Thomas Construction $823,765.42 • Emenco Corp. $885,940.12 • Persons Services Corp $916,775.00 • Vercetti Enterprises $951,659.00 The Bid Committee, which included Public Services Deputy Director/City Engineer Sean Schutten, Lead Project Manager Megan Yany and Project Architect David Salay conducted a thorough review of all submissions. Based on their evaluation and the competitive pricing, PSD decided to select Emenco Corp as the most responsive bidder. The apparent low bidder William & Thomas Construction was disqualified from the ITB due to not submitting a bid bond. Budgetary Impact The proposed contract with Emenco Corp. totals $885,940.12 with a 10% project contingency in the amount of $88,594.01 to address unforeseen conditions common in historic restoration projects. Furthermore, additional funds are requested to cover permitting fees in the amount of $25,000 which brings the project total to $999,534.13. Funding for this contract will be appropriated from the Capital Projects Fund/Infrastructure Improvements other than Bldgs. Account No. 301-18-12-519-63-10. Recommendation PSD recommends approval to award Bid (“ITB”) No. 2025-015 “Dania Beach Woman’s Historic Restoration” to Emenco Corp in the amount of $999,534.13. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 2025-015 “DANIA BEACH WOMAN’S CLUB RESTORATION” TO EMENCO CORP. FOR HISTORIC RESTORATION AND REPAIRS; PROVDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City’s Dania Beach Woman’s Club is a designated historic property constructed in 1935 with a significant addition in 1952; and WHEREAS, the property is scheduled for a historic restoration to its original condition or better; and WHEREAS, the restoration project consists of structural repairs, new insulation, a new HVAC system, electrical and plumbing systems, expansion of existing restroom and painting; and WHEREAS, the City advertised Invitation to Bid No. 2025-015 “Dania Beach Woman’s Club Restoration” on OpenGov and received the below responses: • Williams & Thomas Construction $823,765.42 • Emenco Corp $885,940.12 • Persons Services Corp $916,775.00 • Vercetti Enterprises, LLC $951,659.00; and WHEREAS, The Bid Committee, comprised of Public Services Deputy Director/City Engineer Sean Schutten, Lead Project Manager Megan Yany and Project Architect David Salay, conducted a thorough review of all submissions, and WHEREAS, based on the Committee’s review and input, Emenco Corp. was selected; and WHEREAS, the Bid Committee determined the apparent low bidder was disqualified due to not submitting a bid bond; and WHEREAS, the City Administration recommends that the City Commission award ITB NO. 2025-015 to Emenco Corp. in the amount of $974,534.13 which includes a 10% contingency in the amount of $88,594.01; and WHEREAS, the Public Services Department is requesting additional funds in the amount of $25,000 to cover permitting costs. 2 RESOLUTION #2025-_____ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement with Emenco Corp. for the Dania Beach Woman’s Club Restoration, in accordance with the itemized schedule of costs, a copy of which is attached as Exhibit “a” and made a part of and incorporated into this Resolution by this reference. Section 3. That funding for this restoration is appropriate and available within the Capital Projects Fund/Infrastructure Improvements other than Bldgs. Account No. 301-18-12-519- 63-10. Section 4. That the total available budget for the project is Nine Hundred Ninety-Nine Thousand Five Hundred Thirty-Four Dollars Thirteen Cents ($999,534.13) which includes a project contingency of 10% in the amount of $88,594.01 and additional funds for permitting costs in the amount of $25,000.00. Section 5. That use of contingency funds in the amount of $88,594.01 may be approved by the City Manager through written request by the Public Services Department upon receipt of written change orders from the vendor. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2025-_____ PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 1 AGREEMENT THIS IS AN AGREEMENT (“Agreement”) dated _________________, 2025, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Emenco Corp, (“Contractor”) a Florida corporation with a mailing address of 782 NW 42 Avenue, Suite 205, Miami, Floria 33126. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: 1. Definitions. City. The City of Dania Beach, Florida. City Code. The City of Dania Beach Code of Ordinances. Force Majeure: Any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of such party including, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, and governmental actions. Governmental Approvals: All governmental and quasi-governmental approvals from applicable city, county and other agencies and authorities required to develop the Property, including, but not limited to, development of regional impact approvals, site plan approvals, comprehensive land use plan approvals, plat approvals and recordation, public dedications, environmental approvals, zoning approvals, building permits and all other governmental approvals required in connection with the development of any Improvements at the Property (and the expiration of all appeal periods with respect thereto), modification or vacation of easements or both, and other matters pertaining to the Property. Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission board, bureau, court, agency, or any instrumentality of any of them now existing or hereafter created, having jurisdiction over the Property or any portion thereof. Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, order, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued. Contractor shall comply with all Governmental Requirements applicable to the operations and Property, including, without limitation, those prohibiting discrimination by reason of race, color, religion, sex, marital status, sexual orientation, gender identity, national origin, or handicap in the development, construction, management, Agreement, use, occupancy of the operation and Property or any portion thereof. 2 Work. The labor and materials required to complete the construction of the Improvements on the Property, and any related buildings or structures not located on the Property, in a good and workmanlike manner in accordance with the Plans and all applicable Governmental Requirements. 2. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s ITB (Invitation to Bid) No. 25-015 entitled “Dania Beach Woman’s Club Restoration”, which ITB is incorporated by this reference into this Agreement as Exhibit “A”. The reference to Exhibit “A”. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The Services are identified and described in the Contractor’s Bid Form as Exhibit “B” which exhibit is incorporated by reference into this Agreement. 3. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any Subcontractors and the fees to be paid them by Contractor, prior to any such Subcontractor proceeding with any such work. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. It is expressly agreed to by the parties that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Contractor, prior to any such subcontractor proceeding with any such work. 4. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 4.1 Code Related Inspections. The Contractor recognizes that the City of Dania Beach, Development Services Department, is a department within the City of Dania Beach, separate and apart from the City of Dania Beach’s Engineering Department, that is charged with the inspection of improvements to real property for code compliance. The Contractor agrees that it will not assert, as a City caused delay, or as a defense of any delay on the part of the Contractor, any good-faith action or series of actions on the part of the Development Services Department, including, but not limited to, the Development Services Department’s refusal to accept any portion of the Contractor's Work. If it is ultimately determined by the Architect and City that such delay was not the result of Contractor's failure to comply with the Agreement Documents, the Contractor may be entitled to make a claim for extension of Agreement Time only as its exclusive remedy, in accordance with the terms of the Agreement. 3 4.2 Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on lands owned or controlled by City. Contractor shall not allow its employees to engage in any commercial activities on the site. 4.3 Cooperation With Others. City and other contractors may be working at the site during the performance of this Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other parties, and Contractor shall comply with such requirements. The City shall provide for coordination of the activities of the City's own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules. 4.3 The below listed documents are to be used by the Contractor and City during the administration of this Agreement. Additional administrative forms may supplement this list upon written notice by the City (or City's Project representative). City reserves the right to modify these forms as it deems necessary. Contractor shall maintain logs for Items A-K and provide to City monthly. A. Request for Information B. Field Instruction C. Field Bulletin D. Construction Change Proposal E. Change Order F. Construction Change Directive G. Submittal Transmittal H. Deficiency Report I. Non-Conformance Report J. Contractor's Daily Report K. Substitution Report 4.4 Contractor shall provide and maintain all utilities in work areas to meet the requirements of the Agreement. Such utilities shall be furnished by the Contractor and shall include, but not be limited to, the following: A. Public telephone service for the Contractor's use. B. Construction power as required at each point of construction. C. Water as required throughout the construction. 4.5 Prior to final acceptance of the Work, the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Agreement. The City will assume the utility costs directly related to its usage of areas in which the Work has been certified as Substantially Complete. 4 4.6 Coordination And Correlation Of Drawings And Specifications. The Contractor represents that the Contractor, its Subcontractors, material and equipment suppliers have carefully and diligently compared Phasing, Demolition, Landscaping, Architectural, Structural, Electrical, Underground, Civil and Site Drawings and Specifications, and have compared and reviewed all general and specific details on the Drawings. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor recognized, or in the exercise of its due diligence, should have recognized the issue and knowingly failed to report it to the City. Contractor shall have the right to rely on the completeness and accuracy of information, Drawings, Specifications, and other Agreement Documents provided by the City or Design Consultants. 4.7 Agreement Interpretation. All claims of Contractor, and all questions the Contractor may have relating to interpretation or clarification of this Agreement, or its acceptable fulfillment shall be submitted immediately, in writing, to City for resolution. City, or its representatives, will render its determination concerning such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional time is needed due to the novelty or complexity of the interpretation or clarification requested, which determination shall be considered final and conclusive unless Contractor files a timely written protest pursuant, as a Dispute. The Contractor's written protest shall state clearly and in detail the basis thereof, and the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon within five (5) calendar days If Contractor does not agree with the City's decision, the Contractor shall immediately deliver written notice to that effect to the City. If questions of interpretation are not responded to by the Architect or City within the time frame above, and in a manner so as not to impede the natural progress of the Work as scheduled, and such delay impacts the critical path of the Work, Contractor shall be entitled to adjustment in the performance time as its exclusive remedy. Contractor is solely responsible for requesting instructions or interpretations and is solely liable for any cost and/or expenses arising from its failure to do so. Contractor's failure to protest City's determinations, instructions, clarifications or decisions within five (5) calendar days after receipt thereof shall constitute a waiver by Contractor of all its rights to further protest, judicially or otherwise. 5. Date Of Commencement And Substantial Completion 5.1 The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure. 5 5.2 The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar days and Final Completion of the entire Work not later than one hundred eighty (180) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to adjustments of this Contract Time as provided in the Contract Documents. . 6. Payment for Services. 6.1 City agrees to pay Contractor a not-to-exceed fee of of $974,534.13 which includes a 10% contingency in the amount of $88,594.01 based on the tasks and associated fees attached as Exhibit “B” and incorporated into the Agreement by this reference 6.2 No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 6.3. The Agreement Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Agreement Documents. 6.4 The value of any construction Work covered by a Change Order or of any claim for an increase or decrease in the Agreement Sum shall be determined in one of the following ways at the City's option: (A) Where the Work involved is covered by unit prices contained in the Agreement Documents, by application of unit prices to the quantities of items involved without additional fees. (B) By mutual acceptance of a lump sum price. 6.5 Contractor may expend funds only for allowable costs resulting from obligations incurred during the specified Agreement period. 6.6 Any balance of unobligated funds which have been advanced or paid must be refunded to the City. 6.7 Any funds paid in excess of the amount to which the Contractor or sub-contractor is entitled under the terms of the Agreement must be refunded to the City. 6.8 Any additional information as required in Section 215.97, Florida Statutes. 6.9 Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both parties in advance of any work. 6 6.10 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City. 7. Billing Procedure. 7.1 The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez, Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 7.2 The City will pay to the Contractor for the faithful performance of the Agreement, in lawful money of the United States, and subject to adjustments as provided in the Agreement Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. 7.2.1 Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 7.3 As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Agreement amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Agreement. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. 7.4 Based upon Applications for Payment submitted to the City by the Contractor and Certifications of Payment issued by the City, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the “Local Government Prompt Payment Act.” 7 7.5 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: (A) Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Agreement Documents. The Schedule of Values shall allocate the entire Agreement Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the City may require. This Schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor's Applications for Payment. (B) Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 7.6 Subject to the provisions of the Agreement Documents, the amount of each progress payment shall be computed as follows: (A) Payment for services performed may be made on a monthly basis upon approval of the Application for Payment by the designated official of the City. The Agreement may include phases of performance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreement. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the City. (B) Subject to the provisions of the Agreement Documents, the amount of each progress payment shall be computed as follows: (1) Payment for services performed may be made on a monthly basis upon approval of the Application for Payment by the designated official of the City. The Agreement may include phases of performance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreement. (2) Five percent (5%) of monies earned by the Contractor shall be retained by City until Substantial Completion and acceptance by City, except for the following items: General Conditions and self-performed work performed on a cost reimbursement basis, if any. Retainage will be released when the project has reached substantial completion as agreed upon by the City and contractor. (C) City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 8 (1) Defective Contractor or Subcontractor Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. (3) Failure of Contractor to make payments properly to subcontractors or for material or labor. (4) Damage to another subcontractor not remedied. (5) Failure of Contractor to provide any and all documents required by the Agreement Documents. 7.7 Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the City, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The Application for Payment for Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. 8. Final Payment. Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; (B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance of the Contractor's final Certification of Payment; (C) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (D) a Consent of Surety, if any, for final payment. 9. Payment and Performance Bond. The Contractor agrees that before commencing any work or construction the Contractor shall maintain, at all times, a valid payment and performance bond, consistent with the requirements contained in the ITB, attached as Exhibit B. The executed Bonds shall be attached to this Agreement as Exhibit C. 10. Protection Of Property. The Contractor shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 9 11. Florida Trench Safety Act. The Contractor shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Contractor's cost for compliance with the applicable trench safety standards. 12. Trash. Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 13. Public Bid Disclosure Act. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: (A) Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). (B) During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. (C) Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. (D) City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). 14. Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 10 15. Warranty. The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Agreement Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 16. Construction Quality. Contractor agrees to perform all work (“Work”) required to complete the construction of the Improvements on the Property in a good and workmanlike manner. 16.1 Standards of Construction. Any and all construction of Improvements shall be performed in such a manner as to provide that the Improvements shall: (i) Substantially comply with the Permitted Plans; (ii) Comply with the terms and provisions of this Agreement; and (iii) Comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable Governmental Authorities. 16.2 Comply with Applicable Law. All Improvements constructed or installed by the Contractor, its agents, or contractors, shall conform to all applicable state, federal, county, and local statutes, ordinances, building codes, fire codes, and rules and regulations, as amended. 16.3 Contractor’s Obligations During Construction. Prior to the Completion Date, Contractor shall: (A) Provide scaffolding, hoists, temporary structures, light, heat, power, toilets, temporary utility connections, equipment, tools and materials and other requirements for the performance of the Work; (B) Maintain the Property in a clean and orderly condition, at all times, taking into consideration the public beachfront nature of the Project, and remove all paper, cartons and other debris from the Property; (C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such properties are publicly or privately owned; (D) Implement and maintain at all times a comprehensive hurricane and flood plan for the Property and the Work, and provide a copy of same to the City, if requested; (E) Provide construction fencing. (F) As Builts. Within one hundred twenty (120) days after the date a CO is issued for Improvements constructed by Contractor during the term of this Agreement, the Contractor shall at its expense, provide the City with a complete set of "as built" plans and specifications, including mylar reproducible "record" drawings, and, if available, one set of machine readable disks (or comparable) containing electronic data in an 11 AUTOCAD format that meets the City's graphic standards of the "as-constructed" or "record" plans for such Improvements. The "as built" plans submitted by Contractor must show the square footage of each Improvement depicted in such plans. (G) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all times make diligent effort to have proper supervision of the general contractor or other employees or agents of the Contractor upon the Property site. (i) Employees Of The Contractor. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. (H) Contractor Progress Reports. At the request of City, Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee. (I) City’s Representative. The City may designate one or more employees or agents to be the City’s Representative for the Project so that he or she may, subject to site conditions and during normal business hours, visit and the Property. (J) Certificates of Final Completion. After Contractor completes the Work, the City will deliver to Contractor, a recordable Certificate of Final Completion certifying that, to the best of the City’s knowledge, Contractor has satisfied all its obligations to the City for the construction of the specified Improvements. 16.4 Site Conditions Contractor has the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, staging, parking, disposal, handling and storage of materials; availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions, location of underground utilities as depicted on Agreement documents, and through verification with local utility companies and the City, physical conditions of existing construction, topography and ground surface conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the nature of the ground water conditions; equipment and facilities needed preliminary to and during performance of the Agreement; and all other matters which would be reasonably known to a licensed general contractor with expertise in streetscape and 12 related infrastructure construction as in any way affecting performance of the Agreement, or the cost associated with such performance. The failure of Contractor to acquaint itself with any applicable condition will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully and timely performing the Agreement. 16.5 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible for any understanding reached or representation made concerning conditions which can affect the Work by any of Contractor's officers, employees, agents, subcontractors, material men, or suppliers before execution of this Agreement, unless that understanding, or representation is expressly stated in this Agreement. 16.6 The provisions of this Section 16 shall be deemed a complete waiver by the Contractor of claims for equitable adjustment in Agreement Time or Price, or both, unless due to (1) subsurface or concealed conditions which differ materially from those indicated on the Agreement Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction of the character provided in the Agreement Documents; provided however, that claims under this Section 16 shall be denied in the event that the conditions were reasonably inferable from activities, testing and investigations performed in connection with the Pre-Con Agreement, and which would otherwise provide to Contractor an expectation that the conditions could be similar elsewhere in the Project. 16.7 Warranty. Unless otherwise provided elsewhere in the Agreement, all materials and equipment incorporated into any Work covered by the Agreement shall be new and, where not specified, of the highest grade and quality for their intended use, and all workmanship shall be in accordance with construction practices acceptable to City. Unless otherwise provided in the Agreement, Contractor warrants all equipment, materials, and labor furnished or performed under this Agreement, against defects in design, materials and workmanship, for a period of twelve (12) months (unless longer guarantees or warranties are provided for elsewhere in the Agreement in which case the longer periods of time shall prevail) from and after Substantial Completion of the Work under the Agreement, regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Even in the event that the City assumes partial utilization of portions of the Work prior to completion of all Work, the Warranties for that portion shall also extend for twelve (12) months from Substantial Completion of the entire Work, so that all warranties are running concurrently upon Substantial Completion of the total Project. 16.8 Upon receipt of written notice from City of any defect in any such equipment, materials, or labor during the applicable warranty period due to defective design, materials or workmanship, the affected item or parts thereof shall be redesigned, repaired or replaced by Contractor at a time and in a manner acceptable to City in compliance with the Agreement Documents, at its expense. 13 16.9 Contractor warrants such redesigned, repaired or replaced Work against defective design, materials and workmanship for a period of twelve (12) months from and after the date of acceptance thereof. Should Contractor fail to promptly make the necessary redesign, repair, replacement and tests, after written notice from City specifying the defects, City may perform or cause to be performed the same, at Contractor's sole cost and expense. 16.10 Contractor shall perform such tests as City may require verifying that such redesign, repairs and replacements comply with the requirements of this Agreement. All costs incidental to such redesign, repair, replacement, and testing, including the removal, replacement, and reinstallation of equipment and materials necessary to gain access, shall be borne exclusively by Contractor. However, if such testing determines that the Work is not defective, than City shall compensate Contractor for such costs of testing and any effects on previously completed work. 16.11 Contractor and its Surety shall be liable for the satisfaction and full performance of the warranties as set forth herein, and any damage to other parts of the Work caused by the Contractor's failure to perform pursuant to this section 16. 16.12 The Contractor shall commence Work to remedy or replace the defective, deficient Work within five (5) calendar days after receiving written (including transmittals by email) notice from the City, subject to allowance for long-lead items. If the Contractor fails to remedy or remove or replace that Work or material which has been found to be defective, or reasonably commence corrective action, then the City may remedy or replace the defective or deficient Work at the Contractor's expense; provided, however, all repairs to natural gas, telephone, radio, computer security, water, electric, air conditioning services and all emergency services shall be commenced within twelve (12) hours of notification, or by 7:00 a.m. whichever is earlier, and Contractor shall complete the repairs in an expeditious manner befitting the nature of the deficiency. The Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days, the City may pursue any and all legal remedies it may have against the Contractor and its Surety. 16.13 The Contractor is required to provide a designated telephone number for warranty related emergencies which occur outside the normal workday. The Contractor is solely responsible for ensuring that all warranty Work is completed in the manner described above. If the City agrees, in writing, a subcontractor may be the point of contact for notices regarding warranty items, but such agreement shall not absolve the Contractor of its responsibility. 16.14 Ingress/Egress. Contractor's access to the Work area will be permitted only through approaches that will be designated by City, and then only in such manner that Contractor's traffic will not interfere with City's operations and Merchants/Tenants adjacent to the activity area(s). Contractor shall, at all times, maintain reasonably free unimpeded ingress and egress at the site. Contractor personnel are not to enter into any areas of the jobsite other than Work areas and areas of designated access. Contractor shall safely maintain, at all times during the performance of the Work, both vehicular and pedestrian traffic in, around, and adjacent to the Project. 16.15 Preconstruction Conference. As soon as possible after execution of this Agreement, and prior to commencing any Work, a pre-construction conference will be coordinated by the Contractor and the City. In attendance at said conference will be City, Architect, and any of their representatives as may be deemed advisable. The purpose of said conference is to determine procedures related to the smooth progress of the Project, review of any items requiring clarification, maintenance of traffic, merchant and pedestrian accessibility, related safety issues, 14 and procedures for the processing and distribution of all documents and correspondence related to the Agreement, among other things. 16.16 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees. 16.17 Delivery, Unloading And Storage Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site all materials, plant and equipment required for the performance of the Agreement. The storage facilities, methods of storing and security provisions shall meet City's approval and manufacturer's recommendations. Materials and equipment subject to degradation by outside exposure shall be stored in a weather tight enclosure. 16.18 Work Area. All Contractor's Work areas on the jobsite will be assigned by City. Contractor shall confine its office, shops, storage, assembly and equipment and vehicle parking to the areas so assigned. Before commencing Work, the Contractor shall provide a temporary office on the site of the Work, which shall have a telephone where a representative of the Contractor may be reached at all times during normal working hours. Should Contractor find it necessary or advantageous to use any additional land outside the Project site for any purpose whatever, Contractor shall, provide and make its own arrangements for the use of such additional land. 16.19 Plant, Equipment And Facilities. Contractor shall provide and use on any Work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the Agreement and within the time or times specified in the Agreement. Before proceeding with any Agreement Work or with erection of any facilities, including, but not limited to, temporary structures, machinery, equipment, offices and warehouses, Contractor shall furnish City such information and drawings relative to such equipment, plant facilities as City may request. 16.20 Upon written order of City, Contractor shall discontinue operation of unsatisfactory plant and equipment or facilities and shall either modify or remove the unsatisfactory items from the site. 16.21 Contractor shall not remove construction plant or equipment from the site before the Work is finally accepted without City's written approval. Such approval shall not be unreasonably withheld. 16.22 Contractor-Furnished Materials, Equipment And Workmanship. Only new, unused items of recent manufacture, of designated quality, but in no event less than the standard quality for the improvements, free from defects, will be accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified quality. Failure by City to order removal of rejected materials and equipment shall not relieve Contractor from responsibility for quality of the materials supplied nor from any other obligation under the Agreement Documents. 15 16.23 Contractor shall continuously check architectural and structural clearances for accessibility of equipment and mechanical and electrical systems. No allowance of any kind will be made for Contractor's negligence to foresee means of installing equipment into position inside structures. 16.24 No Work defective in construction or quality, or deficient in meeting any requirement of the Agreement Drawings and Specifications, will be acceptable regardless of City's failure to discover or to point out defects or deficiencies during construction; nor will the presence of field representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Contractor from responsibility for the quality and securing progress of Work as required by the Agreement Documents. The City shall notify the Contractor of defective or unacceptable Work if the City discovers such. Defective Work revealed within the time required by warranties (whether expressed or implied) shall be remedied in accordance with Section 15, entitled, “Warranty.” No payment, whether partial or final, shall be construed as an acceptance of defective Work or improper materials. 16.25 Contractor shall waive "common practice" and "common usage" as construction criteria wherever details and specifications or governing codes and ordinances require greater quantity or better quality than common practices and common usage would require. Contractor shall order and schedule delivery of materials in reasonable time to avoid delays in construction. Delays in delivery of equipment or material purchased by the Contractor or its Trade Contractors shall not be considered as a cause for an adjustment of the Agreement Time or a basis for damages or compensation. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. If an item is found to be unavailable, Contractor shall notify City immediately of recommended substitute(s) to permit City's selection of a suitable substitute. 16.26 City will exercise sole authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Agreement. Review and approval of all items proposed by Contractor for incorporation into the Work will be by City. This function by City will apply both to approvals for the Agreement as initially signed, and to approvals for changes to Agreement by modifications during progress of the Work. Reference to manufacturers' names, brands and models is to establish the type and quality desired. Substitutions may be permitted unless specifically noted otherwise in this Agreement. 16.27 When materials, equipment, or systems are specified by performance only, without reference to specific manufacturer's brands or models, Contractor shall submit its own choice for City's review and approval, supported by sufficient evidence of conformity with the Agreement Documents. Substitutions. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is, in fact, equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar 16 demonstrable benefit, the substitution of such item will be in City's interest, and will in no way impact detrimentally upon the Project completion date and schedule. The burden of proof of equality of a proposed substitution for a specified item shall be upon Contractor prior to City's decision on such substitution. Contractor shall support its request with sufficient test data and other means to permit City to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data, certificates, and additional information as may be required by the City for proposed substitute items. 16.28 Any item by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. City will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified. Contractor shall allow an additional seven (7) calendar days for City's review of substitution. All requests for substitutions with submittal data must be made at least fourteen (14) calendar days prior to the time Contractor must order, purchase, or release for manufacture or fabrication. Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by all governmental agencies having jurisdiction over use of specific material or method. Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance. 16.30 Expediting The equipment and material furnished under this Agreement may be subject to expediting by City, at City's expense. City shall be allowed reasonable access to the shops, factories, and other places of business of the Contractor and its subcontractors and suppliers, for expediting purposes. As required by City, Contractor shall supply schedules and progress reports for City's use in expediting and Contractor shall cooperate with City and require its subcontractors and suppliers to cooperate with City in such expediting. Any expediting performed by City shall not relieve Contractor of its sole and primary responsibility for timeliness of delivery of the equipment and material to be furnished under this Agreement. 16.31 Field Layout Of Work All Work under this Agreement shall be constructed in accordance with the lines and grades shown on the Agreement Drawings or as approved by the City in writing. Elevation of existing ground, structures and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. All survey work for construction control purposes shall be made by a land surveyor registered in the State of Florida, with demonstrated experience in the Project area, and who shall be employed by the Contractor at Contractor's expense. The Contractor shall establish all base lines for the location of the principal component parts of the Work together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the information provided by the Agreement Drawings, the Contractor's surveyor shall develop and make all detail surveys necessary for construction including establishment or construction of grid coordinates as shown on the Agreement Drawings, location of property boundaries, stakes for all working points, lines and elevations. City shall provide surveys necessary for utility easements. 17 The Contractor shall have the responsibility to carefully preserve all benchmarks, reference points and stakes. In case of destruction thereof by the Contractor resulting from his negligence, or for any other reason, it shall be held liable for any expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes. Existing or new control points, property markers, and monuments that will be established or are destroyed during the normal course of construction shall be reestablished by the Contractor, and all reference ties recorded therefor shall be furnished to the City. All computations necessary to establish the exact position of the Work shall be made and preserved by the Contractor. 16.32.1 Contractor Furnished Drawings, Data And Samples. Review and permission to proceed by City as stated in this Agreement does not constitute acceptance or approval of design details, calculations, analyses, test methods, certificates or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Drawings, samples, catalogues, data and certificates required shall be submitted to the City for review. All correspondence from the Contractor to the City shall be numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop, erection or setting diagrams) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with Agreement requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check. The certification stamp shall read as follows: "I certify that I have checked this submittal for accuracy, completeness and compliance with Agreement requirements, and it has been coordinated with all other submittals and Agreement Documents." SIGN DATE 16.33 Drawings. Where drawings are required for (a) fabrication of Contractor furnished equipment; (b) installing Contractor furnished material or equipment; or (c) planning and performance of the Work under Agreement; such drawings shall be originally generated and submitted by and at the expense of the Contractor before fabrication, installation or performance is commenced. Each submittal shall be made not less than fourteen (14) calendar days prior to the time that the drawings are required in accordance with the schedule. Allow at least seven (7) calendar days for review by the Engineer. Such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details, such as field connections for proper installation, erection of the equipment, and performance of the Work. 16.34 Samples. Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Samples of all items of related systems (i.e., adjacent surfaces requiring similar colors but manufactured of different materials) must be submitted in the same time frame before the approval process can begin. Where samples are required, they shall be submitted by and at the expense of the Contractor. Such 18 submittal shall be made not less than thirty five (35) calendar days prior to the time that the materials represented by such samples need to be ordered for incorporation into any Work in accordance with the schedule. Allow at least seven (7) calendar days for City's review. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into any Work without such review. Each sample shall bear a label showing the Contractor's name, date submitted, Project name, name of the item, manufacturer's name, brand name, model number, supplier's name, and reference to the appropriate drawing, Technical Specification section and paragraph number, all as applicable. Samples that have been reviewed may, at Architect's and City's option, be returned to the Contractor for incorporation into the Work. 16.35 Catalogues, Data and Certificates. Where catalogues, data or certificates are required, one (1) digital copy and one (1) copy of each shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than fourteen (14) calendar days prior to the time that the materials represented by such catalogues, data or certificates must be ordered for incorporation into any Work in accordance with the BAR CHART schedule. Allow at least 7 calendar days for Architect and City's review. Material represented by such shall not be fabricated, delivered to the site or incorporated into any Work without such review. Certificates shall clearly identify the material being certified and shall include but not be limited to providing the following information: Contractor's name, Project name, name of the item, manufacturer's name, and reference to the appropriate drawing, Technical Specification section and paragraph number all as applicable. All catalogues, data and certificates submitted by the Contractor shall be certified and dated by the Contractor on the face of each catalogue, data and certificate to be correct and shall be furnished in accordance with these requirements and the requirements of the Technical Specifications. 16.36 Construction Schedule. Within ten (10) calendar days after the date of the City's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the City a BAR CHART construction schedule in graphically depicting the activities contemplated to occur as a necessary incident to performance of the Work required to complete the Project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The City's initial approval for the purposes of this Section, and any other provisions in the Agreement Documents related to the Contractor's responsibility to prepare and submit schedules shall be limited to a determination that the activities, durations and logic are reasonable. The construction schedule shall be complete in all respects, covering, in addition to activities and interfaces with other Contractors at the site of the Work, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow or precedence type diagramming. The construction schedule activities shall mirror the payment application breakdown. 16.36.1 The construction schedule shall include the following: (a) Brief description of each activity. (b) All submittals, samples, approvals, fabrication, and deliveries for equipment and materials. 19 (c) Activities showing scheduled start and finish, late start and finish, and float. (d) Relations between activities. (e) Duration of activities. No activity should be scheduled for more than 19 workdays. (f) Contractual and other major milestones including phasing. (g) Schedule activities to include labor and material. (h) An allowance for delays due to weather. Agreement Time extensions for weather delays will be granted only when all of the conditions and criteria for evaluation of time extensions have been met pursuant to the General Conditions. (i) Upon acceptance of the original Schedule, the Early Start and Early Finish dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions to the schedule must be submitted in writing and approved by the City. (j) The detailed BAR CHART schedule submittal shall include one (1) digital color copy and one (1) color copy of the following: (k) Time Scaled Network Diagram. (l) Bar Chart in the following formats: (m) Sorted by activity. (n) Sorted by total float. (o) Sorted by early start. (p) Precedence and Successor report. (q) Narrative report. (r) Computer diskette. (One copy) (s) Submittals shall be organized under Standard CSI format. (t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with an updated CD accompanied by an Application for Payment. Contractor shall meet with the City and Architect/Engineer of Record to review and verify: i. Actual start and finish dates for completed activities. ii. Remaining duration required to complete each activity started, scheduled to start, but not completed. iii. Logic and time, for change orders that are to be incorporated into the diagram and computer produced schedules. iv. Percentage for completed and partially completed activities. 16.37 Following development and submittal of the construction schedule as aforesaid, the Contractor shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the Project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed in contrast with the planned progress of performance of such Work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. 20 16.38 The Contractor shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules: A. Subcontractor Construction (Sub-networks) - Upon the award of each subcontract, the Contractor shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the Specifications, taking into account the Work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules. B. Occupancy Schedule - The Contractor shall jointly develop with the Engineer and City a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to City occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception through final City occupancy. 16.39 The Contractor shall submit a written narrative report as a part of his monthly review and update in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed. 16.40 The Contractor shall have in its employ for the length of this Project, at least one qualified scheduling specialist whose responsibility as to this Agreement will be to prepare, plan and draft the construction schedules, monitor the construction progress, analyze scheduling problems for resolution, update the Construction Schedule as required in the Agreement, and maintain updated information as required regarding the interface with other contracts. The costs associated herewith, and all scheduling activities, are included in the Lump Sum. 16.41 The Contractor agrees that whenever it becomes apparent from the current progress review meeting or the computer produced calendar dated schedule that the Agreement completion date will not be met, the Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: A. Increase construction manpower in such quantities and crafts as necessary to eliminate the backlog of Work. B. Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of Work. 21 C. Reschedule the Work in conformance with the specification requirements. 16.42 Prior to proceeding with any of the above actions, the Contractor shall notify the City of the proposed schedule changes. Such actions shall be incorporated by the Contractor into the diagram before the next update, at no additional cost. 16.43 Responsibility For Work Security Contractor shall, at its expense, at all times conduct all operations under the Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss, theft or damage to its property, at a minimum. Contractor shall continuously inspect all its Work, materials, equipment and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such condition. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to City within three days of each incident. 16.44 Protection Of Work In Progress, Materials And Equipment Contractor shall be responsible for and shall bear any and all risk of loss or damage to Work in progress, all materials delivered to the site, and all materials and equipment involved in the Work until completion and final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materials to the structure and construction site shall be protected so that upon completion, the entire Work will be delivered to the City in proper, whole and unblemished condition. 16.45 Protection Of Existing Property Contractor shall so conduct its operations as not to damage, close, or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its expense, make such repairs and provide temporary guards, lights and other signals as necessary or required for safety and the welfare of persons on the jobsite and the general public. 16.46 Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verify that means and methods of construction used inside, adjacent to, under or over existing buildings will not cause damage. The Contractor shall provide protection methods which ensure the safety of persons on the jobsite and the general public. Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by City. Thereafter, and before it begins such Work, Contractor shall give due notice to City of its intention to start such Work. Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference, or delay cause by any such line, ditch or structure on or adjacent to the site of the Work. If Contractor has exercised due diligence, such as, but not limited to, conducting soft digs, securing utility locates, as well as other activities both during its Pre-Con performance and thereafter, Contractor shall not be held 22 responsible for any damages caused to any lines, cables, pipes, or pipelines which are not depicted on the surveys, studies, reports, investigations and legal descriptions of the site supplied to the Contractor. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not reasonably interfere with the performance of this Agreement. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 16.47 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, if requested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement. Work assignments and the settlement of jurisdictional disputes shall conform with either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including, but not limited to, starting and quitting time, smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures, and daily clean-up. The Contractor and subcontractors shall be bound by and comply with all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and discrimination. All work necessary to be performed after regular working hours, on Saturdays, legal and City holidays, shall be performed without additional expense to the City. The Contractor shall comply with the Copeland Anti-Kick Back Act (19 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 16.48 Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 23 layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. (c) The Contractor will send to each labor union or representatives of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs A through F in every subcontract or purchase unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (h) All regulations, guidelines, and standards lawfully adopted under the governing statutes. 24 16.49 Safety & Protection Of Persons & Property 16.49.1 Responsibility For Safety And Health. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to be performed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the City and Users who may be affected thereby. The Contractor shall set forth in writing its safety precautions and programs in connection with the Work and submit the same to the City. The City may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 16.49.2 All Work, whether performed by the Contractor, its Sub- Contractors or Sub-subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi- public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended and all State, Local, City and County rules and regulations now or hereafter in effect; and (b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 16.49.3 Should the Contractor fail to provide a safe area for the performance of the Work or any portion thereof, the City shall have the right, but not the obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be borne by the Contractor. 16.49.4 The Contractor shall provide, or cause to be provided, to each worker on the Job Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Job Site who fails or refuses to use the same. The City shall have the right, but not the obligation, to order the Contractor to send a worker home for the day or to discharge a worker for his or her failure to comply with safe practices, with which order the Contractor shall promptly comply. 16.49.5 The Contractor shall defend, indemnify and hold the City, the City's Representative and their respective officers, directors, agents, employees and assigns, harmless from and against any and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, reasonable attorneys' fees, expenses, causes of action, claims or judgments to the extent resulting from any failure of the Contractor, its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with the provisions of this General Condition 25 16.49.6 In any and all claims against those indemnified hereunder by any employee of the Contractor, any subcontractor or sub-subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or type of damage, compensation or benefits payable by or for the Contractor or any subcontractor or sub-subcontractor under any workers' compensation acts, disability benefit acts or other employee benefit acts. 16.50 Protection Of Work And Property; Responsibility For Loss. The Contractor shall, throughout the performance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatever cause, shall protect the property of the City and third parties from loss or damage from whatever cause arising out of the performance of the Agreement and shall comply with the requirements of the City and its insurance carriers and with all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage to the property. The City, their representatives or insurance carriers may, but shall not be required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and security programs. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and the City shall not assume, nor shall it be deemed to have assumed, any responsibility otherwise imposed upon the Contractor by this Agreement. Until final acceptance of the Work by the City the Contractor shall have full and complete charge and care of and, except as otherwise provided in this subparagraph or elsewhere in this Agreement, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof from any cause within Contractor’s reasonable control, except to the extent caused by City, its representatives, or contractors, or caused by natural disaster, criminal activity, flood, fire, or that is covered by any property or builder’s risk insurance carried by the City. 16.51 Surface And Subsurface Water. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations or under or in the structures. Should such conditions develop or be encountered, the water or other fluid shall be controlled and suitably disposed of by means of temporary pumps, piping, drainage lines and ditches, dams or other methods approved by the City in writing. The proposed location and coordination of temporary channels and conduits conducting accumulated water from the Job Site shall be permitted by the proper regulatory agency and submitted to the City for its prior written approval. All such Work shall be done at the sole expense of the Contractor. 16.52 Emergencies. In any emergency affecting the safety of persons or property, or in the event of a claimed violation of any federal or state safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take whatever 26 action it deems reasonably necessary, including, but not limited to, suspending the Work. The City may offset any and all costs or expenses of whatever nature, including reasonable attorneys' fees, paid or incurred by the City in taking such emergency action against any sums then or thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmless against any and all costs or expenses pursuant to this Section, by whomsoever incurred. 16.53 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce standards, and to change the same from time to time, for the protection of persons and property, with which the Contractor shall comply, and to review the efficacy of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these rights by the City shall not relieve the Contractor of its duties and responsibilities under this Agreement, and the City shall not thereby assume, nor be deemed to have assumed, any such duties or responsibilities of the Contractor. 16.54 Project Site Protection Contractor, at its expense, shall maintain such protection as provided in the subsection 16.49, entitled “Safety & Protection Of Persons & Property” in a satisfactory condition until removal is authorized by City. Contractor, at its expense, shall make all necessary repairs to property damaged by construction operations. Repairs shall be made in a manner satisfactory to City. The Contractor will provide parking for its employees within the designated work areas. Contractor employees will not be allowed to park in areas which are used by any facilities which remain in operation. 16.55 Fire Prevention Contractor shall, at its expense, conform to all Federal, State, and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the Project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. All tarpaulins used for any purpose during construction of any Work shall be made of material resistant to fire, water and weather and shall bear UL labels. Lighting any fires on premises is strictly forbidden. Controlled burning shall be with the consent of the City. Contractor shall provide portable fire extinguishers properly labeled, located and compatible with the hazard of each work area and shall instruct its personnel in their use. Wherever welding and burning are conducted, inflammable materials shall be protected, and a fire watch shall be provided by Contractor to be present during the burning and welding operation to ensure that protective measures are taken and that no fires result from such operation. The fire watch shall have fire extinguisher equipment readily available and know-how for proper use. 16.56 Illumination. When any work is performed at night or where daylight is shut off or obscured, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on efficiently, satisfactorily and safely, and to permit thorough inspection. During such time periods access to the place of work shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in a first-class manner, securely fastened in place at all points, and shall be kept as far as possible from telephone wires, signal wires, and wires used for firing blasts. 27 16.57 Dust Control. The Contractor, for the duration of the Agreement, shall, at its expense, maintain all excavations embankments, haul roads, access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry-accepted methods of dust control suitable for the area involved and approved by City will be permitted. 16.58 Water Pollution. Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substance or materials into any stream, river, lake or other body of water which may pollute the water or constitute substances or materials deleterious to fish and wildlife. Air Pollution. The Contractor shall, at its expense, so perform its work as not to discharge into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation of the laws, rules and regulations of all Federal, State and local air and water pollution requirements including, but not limited to: Registering with the Dania Beach County Health Department, Air Pollution Board, any equipment requiring operating permits by said Board; Adhering to all Broward County Air Pollution Board Regulations. 16.58 Explosives & Hazardous Materials. Contractor shall obtain all required Federal, State and local permits and licenses and shall be responsible for the safe and proper handling, labeling, transporting, storage and use of any explosive or hazardous materials brought onto or encountered within the site, and at its expense, make good any damage caused by its handling, transporting, storage and use. The Contractor will notify the City immediately if explosive or hazardous materials are encountered on the site. Transporting explosive or hazardous materials onto the site will require prior written approval from the City. The Contractor shall maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course of his work. In the event that hazardous material is improperly handled or stored by the Contractor, its subcontractors, any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the site, Contractor shall immediately notify the City and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Further, Contractor shall indemnify and hold harmless from any and all cost, expense, action, or liability whatsoever resulting from such contamination and/or remedial activities. If without negligence on the part of the Contractor or anyone for whom it is responsible, Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing the Work as required by the Agreement Documents, the City shall pay for the directs costs of remediation as approved beforehand by City, in writing, which shall be paid from the Contingency Fund. 16.62 Inspection: Rejection Of Materials And Workmanship. All materials and equipment furnished, and work performed shall be properly inspected by Contractor, at its expense, and shall at all times be subject to quality surveillance, observations or quality audit by City. Contractor shall provide safe and adequate facilities and all samples, drawings, lists and documents necessary for quality surveillance, observation or quality audit. For this purpose, City shall be afforded full and free access to the shops, factories or places of business of Contractor and its subcontractors and suppliers for such quality surveillance, observation or quality audit and to determine the status of the Work. If Contractor covers all or any portion of the Work prior to 28 any quality surveillance or test by City, the cost of any necessary uncovering and replacing shall be borne by Contractor. Neither the failure to make such quality surveillance, observance or quality audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of or payment to Contractor for such work, materials or equipment shall prejudice the rights of City thereafter to correct or reject the same as hereinafter provided. If any material, equipment or workmanship is determined by City, either during performance of the Work or on final quality surveillance, or during any applicable warranty period (expressed or implied), to be defective or not complying with the requirements of this Agreement, City shall notify Contractor in writing that such material, equipment or work is rejected and the City reserves the right to withhold payment on any such item. Thereupon, Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same comply strictly with all requirements of the Agreement. 16.63 Testing. Unless otherwise provided in the Agreement, Drawings and Specifications shop testing of materials or work shall be performed by the Contractor and in accordance with the Technical Specifications. Field testing of materials or work shall be performed by City. Should tests in addition to those required by the Specifications be desired by City, Contractor will be advised in reasonable time to permit such testing. Such additional tests will be at City's expense unless such additional tests are required due to Contractor's work or materials having failed any initial test. In this event, such additional (re-test) tests shall be at Contractor's expense. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation as necessary to permit tests to be performed on materials or work in place including reasonable stoppage of work during testing. Contractor shall provide reasonable and accurate notice of when construction activities which require City's testing services are required. Contractor shall be responsible for stand- by and other costs associated with the testing agency if that construction activity is delayed or canceled. 16.64 Progress. Contractor shall give City full information in advance as to its plans for performing each part of the Work. If at any time during the progress of work, Contractor's actual progress is inadequate to meet the requirements of the Agreement, City may so notify Contractor who shall thereupon take such steps as may be necessary to improve its progress. If within a reasonable period as determined by City, Contractor does not improve performance to meet the currently approved Agreement construction schedule, City may require an increase in Contractor's labor force, the number of shifts, overtime operations, additional days of work per week and an increase in the amount of construction plant; all without additional cost to City. Neither such notice by City nor City's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of work and rate of progress required by the Agreement. Failure of Contractor to comply with the reasonable instructions of City may be grounds for determination by City that Contractor is not prosecuting its work with such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof, in accordance with the applicable provisions of this Agreement. 29 16.65 Changes City may, at any time, without invalidating the Agreement and without notice to the Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written orders to Contractor for any changes, except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contractor for any work required by reason of such emergency. Such orders will be confirmed in writing as soon as practicable. Such orders, whether written or oral, may be accompanied by drawings and data as are necessary to show the extent of such ordered work. Contractor shall commence such changed work so that all dates set forth in Contractor's current construction schedule, as accepted by City, will be met. In the event of an emergency which City determines immediately endangers life or property, Contractor shall immediately commence such changes as required by City in order to mitigate or remove the emergency condition. Failure to commence any such change in timely fashion shall entitle City to invoke the provisions of “Termination for Cause”. Unless otherwise required, Contractor shall, within twenty-one (21) calendar days following receipt of a written Change request from City, submit in writing to City a Agreement Change Proposal for accomplishing such change, which proposal shall reflect the increase or decrease, if any, in cost to City of performing the change under the Agreement in comparison to what the cost would have been, had such change not been offered. 17. Liquidated Damages 17.1 Liquidated Damages will be assessed as stated in the Agreement for each non- compliant day that any requirements listed in this section 17 are not met. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by City as a result of Contractor’s failure to timely complete all Work required by the date set forth above. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject to liquidated damages, but not as penalty, in the amount of $500.00 per calendar day, as set forth in 23 CFR 635.127, for each and every calendar day the work remains incomplete, or the items remain undelivered. This payment is considered to be City’s liquidated damages, and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion, respectively, are achieved. 17.2 Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 17.3 Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Agreement, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined 30 by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 17.4 Access: As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance. 17.5 Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Agreement for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the Notice to Proceed, City may terminate the Agreement immediately, without providing an opportunity to cure. 17.6 The Contractor shall achieve Substantial Completion not later than one eighty days (180) calendar days and Final Completion of the entire Work not later than two hundred ten (210) calendar days, 18. Audit. As the funding for this project comes from FRDAP, Contractor, by entering into this Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Department to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. 19. Indemnification of City. 19.1 The Contractor shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 31 (A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor or its Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (B) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Contractor or its Subcontractors in the performance of the work; (C) liens and claims made by the Contractor or its Subcontractors; and 19.2 Indemnification for Construction Contracts. In the event that the performance of services under the Agreement is deemed to be a “construction Agreement” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the City, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Agreement Documents. safety 20. Environmental Matters. 20.1 Defined Terms for Purposes of this Section. Environmental Condition means any set of physical circumstances in, on, under, or affecting the Property that may constitute a threat to or endangerment of health, safety, property, or the environment, including but not limited to: (A) The presence of any hazardous Substance, except in such quantities and concentrations as are routinely found in nature or in products used in ordinary business or commercial activities; (B) Any underground storage tanks, as defined in Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts; (C) Any PCB, asbestos or any other substances specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations issued thereunder; and 32 (D) Any open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law equivalent, or the regulations issued thereunder. Environmental Laws means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C. 2701 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq.; the Refuse Act of 1989, 33 U.S.C. 407; the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., as such laws have been amended or supplemented from time to time, the regulations promulgated under these laws; and any analogous Governmental Requirements. Environmental Requirements means all present and future Governmental Requirements, including without limitation, the Environmental Laws, authorizations, judgments, decrees, concessions, grants, orders, agreements or other restrictions or requirements relating to any Environmental Conditions or any Hazardous Substances on the Property. Hazardous Substance means any substances or materials identified to be toxic or hazardous according to any of the Environmental Laws, including without limitation, any asbestos, PCB, radioactive substances, methane, volatile hydrocarbons, acids, pesticides, paints, petroleum based products, lead, cyanide, DDT, printing inks, industrial solvents or any other material or substance that has in the past or could presently or at any time in the future cause or constitute a health, safety or other environmental hazard to any person or property. The term Hazardous Substances includes hazardous wastes, hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, oil, petroleum products and their by-products, and pollutants or contaminants as those terms are defined in the Environmental Laws. Environmental Permit means any Governmental Approval required under any Environmental Law in connection with the ownership, use or operation of the Property for the storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances, or the sale, transfer or conveyance of the Property, and all supporting documentation thereof. Environmental Claim means any accusation, allegation, notice of violation, claim, demand, abatement or other order or direction (conditional or otherwise) by any Governmental Authority or any person for personal injury (including without limitation, sickness, disease, or death), tangible or intangible property damage, damage to the environment, nuisance, pollution, contamination or other adverse effects on the environment, or for fines, penalties, or restrictions, resulting from or based upon: (A) The existence or release, or continuation of any existence of a release (including without limitation, sudden or non-sudden, accidental or non-accidental leaks or spills) of, or exposure to, any substance, chemical, material, pollutant, contaminant, or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to the Property; or (B) The environmental aspects of the transportation, storage, treatment or disposal of materials in connection with the activities on the Property; or 33 (C) The violation, or alleged violation, of any Governmental Requirements relating to Environmental Requirements on the Property; but excluding any of violations arising solely from the intentional actions of the City and its agents. 20.2 Corrective Action Work means any and all activities of removal, response, investigation, testing, analysis, remediation taken to: (A) Prevent, abate or correct an existing or threatened Environmental Condition at, about, affecting, or affected by the Property; or (B) Comply with all applicable Environmental Requirements. 20.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense, to defend (with counsel selected by Contractor, after consulting with the City), indemnify and hold harmless the City, its successors, and assigns from and against any and all Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 20.4 This indemnity includes, without limitation, indemnification against: all costs of removal, response, investigation, or remediation of any kind; all costs of disposal of such Hazardous Substances as necessary to comply with Environmental Laws; all costs associated with any Corrective Action Work; all costs associated with claims for damages to persons, property, or natural resources; any loss from diminution in the value of the Property; and the City’s Attorneys’ Fees, consultants’ fees, court costs and expenses incurred in connection with any Environmental Claims brought against the City. (A) Contractor’s indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date of the Property Agreement. (B) This indemnification is to be interpreted as broadly as possible and is in addition to all other rights of the City under this Agreement. (C) Payments by Contractor under the Environmental Indemnification will not reduce Contractor’s obligations and liabilities under any other provision of this Agreement. (D) Neither the Contractor nor the general contractor, nor any other contractor in privity with Contractor, has a duty to indemnify the City in connection with any Environmental Claims that are due to the negligent conduct of the City or its agents. (E) Compliance. Contractor agrees to comply with all existing and future federal, state, county, and municipal environmental laws, administrative code provisions, ordinances, rules and regulations, and the requirements of any development order covering the Property issued pursuant to Chapter 380, Florida Statutes, all as may be amended. A. 21. Insurance Requirements. Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been 34 obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions. B. Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING CONTRACTOR DELAY. C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. D. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. Annual Aggregate shall apply “Per Job”; 2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”; 3. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; 4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); 5. Contractor’s insurance shall be primary and non-contributory; 6. Waiver of Subrogation in favor of the City; 7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 35 F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability Limits Part B. H. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. 1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR 2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. I. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 2. Waiver of Subrogation. J. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned vehicles. K. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. “The City of Dania Beach” is added as a named “Additional Insured”; 2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 3. Waiver of Subrogation. L. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and Solicitation Documents: 36 1. “Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with Bid or Proposal at submittal on the date and time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non-responsive on the date and time of the Bid or Proposal opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Contractor does understand that all provisions, including “Special Provisions” noted below are expected to be fully documented on or attached to the “Official” Certificates of Insurance as described below. 2. “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Intent to Award”, then the City has the right to consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. 3. All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing. 22. Assignment of Agreement. The Contractor acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other Contractors (the “Supporting Contractors”). The Contractor agrees to use its best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Contractors is delayed, such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore, the Contractor shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Contractor shall only be entitled to extensions 37 of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Contractor is not entitled to costs of acceleration arising out of the delays caused by Supporting Contractors, Contractor shall not be required to accelerate its services where delays have resulted from Supporting Contractors, unless the City agrees to compensate Contractor for such accelerated efforts. 23. Public Records Law. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Contractor will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 24. Retention Of Records And Right To Access 24.1 The Contractor shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of five (5) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained by the City until resolution of audit finding. The Contractor shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 24.2 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 38 24.3 Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 24.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement. 24.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 25. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: ELORA RIERA, MMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov 26. No Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 27. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds for the City to find the Contractor in material default, and that sufficient cause exists to terminate the Agreement for cause, and to withhold payment or any part thereof until the cause or causes giving rise to the default has/have been eliminated by the Contractor and approved by the City. If a finding of default is made by the City, the Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents unless and until the City terminates the Agreement. Upon a finding of default, the City shall set 39 a reasonable time, but in no event in excess of seven (7) calendar days after written notice from City detailing the default, within which the Contractor and its Surety shall eliminate the cause or causes of default. When the basis for finding default no longer exists, the City shall notify the Contractor and its Surety, in writing, that the default has been corrected, and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the City, without further notice to Contractor or its Surety, may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time limits herein conflict with those set forth in the Performance Bond, the time limits in this section shall take precedence. 28. Termination Or Suspension Of Agreement 28.1 Termination By The Contractor: A. The Contractor may terminate the Agreement for non-payment (except for those provisions in this agreement that specifically provide for withholding payment), failure to certify payment, delays of greater than 120 days not caused by Contractor, other material breaches by the City, and if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the Work under the Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction, and 2. an act of government, such as a declaration of national emergency, making material unavailable. B. If one of the above reasons exists, the Contractor may, upon five (5) additional days’ written notice to the City, terminate the Agreement and recover from the City payment for Work performed. 28.2 Termination By The City For Cause: (A) The City may terminate the Agreement if the Contractor: (1) persistently or repeatedly refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time pursuant to the terms of the Agreement; (2) fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including City; (3) commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively on the City, including but not limited to the company of its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; 40 (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. 41 28.3Upon termination for default, Contractor shall: (a) immediately discontinue work on the date and to the extent specified in the notice and place no further purchase orders or subcontracts to the extent that they relate to the performance of work terminated; (b) inventory, maintain and turn over to City all materials, plant, tools, equipment, and property furnished by Contractor or provided by City for performance of work; (c) promptly obtain cancellation upon terms satisfactory to City of all purchase orders, subcontracts, rentals, or any other agreements existing for performance of the terminated work or assign those agreements to City as directed; (d) cooperate with City in the transfer of information and disposition of work in progress so as to mitigate damages; (e) comply with other reasonable requests from City regarding the terminated work; and (f) continue to perform in accordance with all of the terms and conditions of the Agreement such portion of work that is not terminated. (g) When the City terminates the Agreement, the Contractor shall not be entitled to receive any further payment until the Work is completed and approved by the Engineer of Record. (h) All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess. 28.4 If, after Notice of Termination or Suspension of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 28.5Termination By The City For Convenience: The Agreement may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Contractor and the Contractor’s surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Contractor shall be paid for all acceptable work performed prior to termination and shall not be entitled to any other costs, fees or payments. City may, at its option and convenience, terminate the Agreement, in whole or in part, at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the termination, including, without limiting the generality thereof, loss of anticipated profits on Work not performed on account thereof, home office overhead, lost bonding capacity, and consequential damages. As the sole 42 right and remedy of Contractor, City shall pay Contractor in accordance with Subparagraphs below; provided, however, that those provisions of the Agreement, which by their very nature survive final acceptance under the Agreement, shall remain in full force and effect after such termination (a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise; (b) Immediately discontinue work on the date and to the extent specified in the notice. (c) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated; (d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to City of all orders and subcontracts to the extent they relate to the performance of work terminated; (e) If requested by the City in writing, assign to the City, all right, title and interest of the Contractor under the subcontracts terminated. Such Assignment shall not include assumption of Contractor's obligations or liabilities under any subcontract. The City shall have the right (but not the obligation) to assume the Contractor's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City and the subcontractor in which the City expressly acknowledges an assumption of Contractor's obligations, and then only to the extent specified. In no event will the City assume any obligation of the Contractor under the subcontracts that arise out of or relate to Contractor's default prior to such assignment; (f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City; (g) Assist City, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and, (h) Complete performance of any work that is not terminated. (i) Upon any such termination, City will pay to Contractor an amount determined in accordance with the following (without duplication of any item): (j) All amounts due and not previously paid to Contractor for work completed in accordance with the Agreement prior to such notice, and for work thereafter completed as specified in such notice. (k) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders. (l) The verifiable costs incurred prior to notice of termination. 43 (m) Any other reasonable costs which can be verified to be incidental to such termination of Work, including demobilization costs. (n) In the case of such termination for City's convenience, Contractor shall be entitled to receive payment for Work actually executed, and verifiable costs incurred by reason of such termination, along with an amount not to exceed ten (10) percent for profit and overhead on such verifiable costs incurred. (o) The City's Termination for Convenience shall be without waiver or prejudice to, all of the City's claims, rights and remedies arising out of or related to any default, breach of Agreement, damages or other claims the City may have against Contractor, or Contractor's subcontractors, material suppliers of any tier, or any other person or entity at the time of termination or arising thereafter. (p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and acknowledges and agrees to the foregoing limitation on Contractor's claims or damages arising out of, or relating to, a termination for convenience by the City. (q) Contractor shall submit within 30 calendar days after receipt of notice of Termination, for Convenience, a written proposal for payment, including all incurred costs and other entitlements described herein. City shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Agreement shall be amended in writing accordingly. 29. Suspension By The City For Cause The City may order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance Coverage required by the Agreement Documents. Any delay in the Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agreement and Agreement Documents concerning Contractor delay. 30. Suspension By The City For Convenience (A) The City may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension, provided the suspension delays the critical path of the Work. (B) If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the Agreement Sum for increases in the cost of performance of the Agreement resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however, that no adjustment will be made to the extent: (1) that performance is, was, or would have been so suspended delayed, or interrupted by another cause for which Contractor is responsible; (2) that Contractor fails to adequately document the cost increase; 44 (3) that the Contractor would have incurred the cost increase regardless of the suspension, delay, or interruption, or (4) that an equitable adjustment is made or denied under another provision of the Agreement or Agreement Documents. 31. Termination for Cause If the Contractor fails to provide the services or shall in any other manner commit a breach of the agreement and fails to remedy the same within 30 calendar days after receipt of written notice from the City, the City may terminate the agreement, without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within ten (10) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 31A. Receipt Of Notice Of Termination Or Suspension Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Agreement or Agreement Documents, whether completed or in process. Upon receipt of any such written notice, Contractor shall, unless the notice requires otherwise: (a) immediately discontinue work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City, of all orders, subcontracts and rental agreements to the extent they relate to performance of work suspended; (d) continue to protect and maintain the Work including those portions on which work has been suspended, and (e) take any other reasonable steps to minimize costs associated with such suspension. In addition to all amounts that would otherwise be due for Work performed prior to the suspension, as compensation for such suspension, Contractor will be reimbursed for the following verifiable costs (without profit) and without duplication of any item, to the extent that such costs directly result from such suspension of work: (a) standby charge to be paid to Contractor during the period of suspension of work which standby charge shall be sufficient to compensate Contractor for keeping, to the 45 extent required in the notice, its organization and equipment committed to the Work in a standby status; (b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and (c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion of the Work upon which work has been suspended. 32. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Contractor (and any Subcontractor) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved rights, including copyright; however, such documents are not intended or represented by Contractor to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Contractor for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Contractor or to any Subcontractors. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 33. Force Majeure. Under any and all provisions of this Agreement, neither the City nor Contractor, as the case may be, will be considered in breach of or in default of any of their respective non-monetary and monetary obligations under the Agreement as a result of an unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot, war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns due to government restrictions, utility company delays, or other similar causes beyond the commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 34. Remedies Cumulative. Waiver. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, are intended to be cumulative and concurrent. The exercise by either party of any one or more of its remedies will not preclude the exercise by a party, at the same or different times, of any other remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. The waiver by a party of any default or Event of Default under this Agreement will not extend to or affect any other existing or subsequent Event of Default, or impair any rights, powers, or remedies of a party in connection with any other default or Event of Default. A party’s delay or omission in exercising any right, power or remedy will not be construed as a waiver of any default or Event of Default or constitute acquiescence to the default. 35. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving 46 of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Contractor: Ruth McDonnell, President. Emenco Corp. 782 NW 42 Avenue, Suite 205 Miami, Florida 33126 36. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 37. Bankruptcy. It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion. 38. Dispute Resolution 38.1 Claims And Disputes A. The responsibility to substantiate a Claim shall rest with the party making the Claim. All Claims must be made in writing and addressed to the City and the Contractor. B. Process for Resolving a Claim. The Contractor shall review the Claim and make a recommendation to the City. The City shall render a final decision regarding the Claim. A decision by the City shall be required as a condition precedent to litigation of a Claim between the Contractor and City as to all such matters arising prior to the date final payment is due, regardless of: 1) whether such matters relate to execution and progress of the Work; or 2) the extent to which the Work has been completed. 47 C. Time Limits on Claims. Claims by the Contractor must be made within thirty (30) days after occurrence of the event giving rise to such Claim or within thirty (30) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims by the Contractor or its respective subcontractors must be made by written notice to the City. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. D. Continuing Agreement Performance. Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Agreement and the City shall continue to make payments in accordance with the Agreement Documents. E. Claims for Concealed or Unknown Conditions. If conditions are encountered at the Project site which are: 1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement Documents; or 2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist in the locale of the Project site and generally not recognized as inherent in construction activities of the character provided for in the Agreement Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Contractor shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall recommend to the Consultant, with the City’s approval, an equitable adjustment in the Agreement Sum, Agreement Time, or both. If the Consultant determines that the conditions at the Project site are not materially different from those indicated in the Agreement Documents and that no change in the terms of the Agreement is justified, the Consultant shall so notify the City and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Consultant has given notice of the decision. If the Consultant and Contractor cannot agree on an adjustment in the Agreement Sum or Agreement Time, the adjustment shall be referred to the City for final determination. F. Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Agreement Sum, written notice as provided in these Conditions shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. If the Consultant believes additional cost is involved for reasons including but not limited to: 1) a written interpretation from the Contractor; 2) an order by the City to stop the Work where the Contractor was not at fault; 3) a written order for a minor change in the Work issued by the Contractor; 4) failure of payment by the City; 5) termination of the Agreement by the City; or 6) City's suspension of Work, then the Claim shall be filed in accordance with the procedure established in this Agreement. 48 G. Claims for Additional Time. 1. If the Contractor wishes to make Claim for an increase in the Agreement Time, written notice as provided in these Conditions shall be given. The Contractor's Claim shall include an estimate of cost and a probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. 2. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. H. Injury or Damage to Person or Property. If either party to the Agreement suffers injury or damage to person or property because of an act or omission of the other party, or any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance of the injury or damage. The notice shall provide sufficient detail to enable the other party to investigate the matter. 38.2 Resolution Of Claims And Disputes A. The Contractor shall review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: 1) request additional supporting data from the claimant: 2) submit a schedule to the parties indicating when the Contractor expects to take action; or 3) suggest a compromise. The Consultant may, at the City’s direction, notify the surety, if any, of the nature and amount of the Claim. The Contractor shall notify the City or the Claimant. The City shall make the final determination of whether to pay or dispute the Contractor’s Claim. B. If a Claim has been resolved, the Contractor shall prepare or obtain appropriate documentation. C. If a Claim has not been resolved, the party making the Claim shall, within ten days (10) after the Contractor preliminary response, take one or more of the following actions: 1) submit additional supporting data requested by the Contractor; 2) modify the initial Claim; or 3) notify the Contractor that the initial Claim remains valid. D. The Contractor shall notify the parties in writing of the City's decision within seven days of receipt of: 1) additional supporting data; 2) a request to modify the initial Claim; or 3) that the initial Claim stands and the City’s decision shall be final and binding on the parties but subject to review by a court of competent jurisdiction. The Contractor shall prepare or obtain appropriate documentation regarding the Claim. If there is a surety and there appears to be a possibility of a Contractor's default, the Contractor may, at the City’s direction, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 49 38.3 All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, the breach of it, the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. 39. Venue; Fees. 39.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. To be clear, should mediation fail, all claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida. IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY JURY OF ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 39.2 Operations During Dispute. In the event that a dispute arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 40. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. 41. Prevailing Party’s Attorneys’ Fees. If either party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including without limitation, its Attorneys’ Fees. 42. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 43. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 44. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 50 45. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 46. Independent Contractors. Contractor, any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 47. The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any Agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any Agreement, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City’s written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 48. Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Contractor and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. 49. Contractor shall comply with all federal, state and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act (“ADA”) eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Contractor is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Contractor’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 51 50. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Further, any prior Agreement related to the services is rescinded and replaced by this Agreement. 51. Contractor agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement. 52. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: A. Claims based upon any alleged breach by the City of implied warranties for representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; B. Claims based upon negligence or any tort arising out of this Agreement; C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; D. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 53. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe 52 such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 54. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 55. Verification of Employment Eligibility. Contractor represents that Contractor, and each Subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 56. Successors And Assigns. The City and the Contractor each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Agreement. Contractor shall not assign, transfer, convey or otherwise hypothecate the Agreement or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor acknowledges that the City has entered into this Agreement with Contractor after a comprehensive competitive award process, and evaluation of Contractor's particular qualifications and skills to perform the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion. 57. Time is of the Essence. Time is of the essence in the performance of all obligations of each party under this Agreement. 58. No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances whatsoever as creating or establishing the relationship of co-partners or creating or establishing the relationship of a joint venture between the City and Contractor, or as constituting Contractor as the agent or representative of the City for any purpose or in any manner whatsoever. 59. Recording; Documentary Stamps. A memorandum of this Agreement, in the form attached as Exhibit H, will be recorded by the City in the Public Records of Broward County, Florida. The cost of recording, and the cost of any required documentary stamps, will be paid in full by the City. The parties will cooperate in structuring the transactions contemplated by this Agreement to reduce such costs, provided the structure does not have any adverse consequence for the City. 53 60. Governing Law. This Agreement will be governed by the laws of the State of Florida. This Agreement is subject to and must comply with the Charter and City Code of the City of Dania Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue for any disputes arising out of this Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward County, Florida. 61. Third Party Beneficiaries. Neither Contractor nor City intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 62. Negotiated Agreement. Both parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 63. Incorporation by Reference. The truth and accuracy of each "Recital" clause set forth above is acknowledged by the parties. The attached Exhibits to this Agreement are incorporated into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement. 64. Conflicts of Interest: City Representatives not Individually Liable. No elected official, representative, or employee of the City has any personal interest, direct or indirect, in this Agreement. No elected official, representative or employee will participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she has an interest, directly or indirectly. No elected official, representative or employee of the City will be personally liable to Contractor or any successor in interest for any amount which may become due to Contractor, for any obligations of City under the Agreement, or in the event of any default or breach by the City. 65. Section. Section headings are for convenience only and do not affect the interpretation of this Agreement. 66. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument. This Agreement is effective only after execution and delivery by the parties. 67. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. 54 68. Amendments. No amendment to this Agreement is binding on either party unless in writing and signed by both parties. The City is not obligated to spend any money or undertake any obligation in connection with an amendment proposed by Contractor. If Contractor requests an amendment to the Agreement or any other action by City, Contractor must reimburse City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attorneys). Before the City takes action regarding any request, Contractor must deposit with the City the estimated amount of third-party costs, as reasonably determined by the City. 69. Holidays. The parties agree that whenever a notice or performance due under the Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or performance will be postponed to the next following business day. 70. Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. 71. Survival. A termination of the Agreement will not release Contractor from its obligation to indemnify City for any acts which occurred prior to the termination of the Agreement, unless otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities that have accrued prior to the date of termination or expiration, unless relieved of such obligation or liability by action of a court or rule of law. SIGNATURES ON THE FOLLOWING PAGES 55 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 56 CONTRACTOR: WITNESSES: Emenco Corp. a Florida corporation SIGNATURE SIGNATURE _________________________ PRINT Name PRINT Name _________________________ SIGNATURE Title _________________________ Date: PRINT Name STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on __ ,2025 by ____________________________ as ___________________ of Emenco, Corp., a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 1 CITY OF DANIA BEACH, FLORIDA Dania Beach Woman's Club Restoration CITY INVITATION TO BID (“ITB”) NO. 25-015 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Friday, May 16, 2025 Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 2 Table of Contents 1. NOTICE TO BIDDERS 2. GENERAL TERMS & CONDITIONS 3. SPECIAL CONDITIONS 4. SCOPE OF WORK 5. BID FORM 6. BIDDER SUBMISSIONS Attachments: A - PERFORMANCE_BOND B - PAYMENT_BOND C - Womans Club Restoration Specifications Dec 2024 D - Womens Club Restoration Drawings Dec 1 2024 E - Sample Construction Agreement Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 3 1. NOTICE TO BIDDERS CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "Dania Beach Woman's Club Restoration" 25-015 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “Dania Beach Woman's Club Restoration, 25-015”. Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Friday, June 20, 2025, at 3:00 pm. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/156103. MANDATORY PRE-BID CONFERENCE A MANDATORY Pre-bid conference will be held on Wednesday, May 28, 2025, at 12:00 pm at 117 NW 1st Avenue Dania Beach FL 33004. All Bidders and interested persons are invited to attend the meeting, which will outline the Project as described in the Bid, and provide an opportunity for questions and answers for all interested persons. Any interpretations, clarifications or additional information not disclosed in this Bid and determined to be necessary by the Owner in response to questions, will be issued by means of addendum or addenda, which addendum or addenda will be posted to the Portal at https://procurement.opengov.com/portal/daniabeachfl/projects/156103 for all interested persons who are following the project. The Bidder will be notified of any addenda issued, if following the project, but it is recommended they check the portal to see if there has been any addendum or addenda posted for this Bid. Only questions answered and information supplied by means of such addendum or addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal and binding effect. BID DOCUMENTS Bids must be submitted electronically on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 4 All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening date. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. A bid bond of 5% of the bid price is required for this project. All bidders are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude, scope and value as this project. The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City, as Owner. CITY OF DANIA BEACH, FLORIDA Published on: Friday, May 16, 2025 Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 5 2. GENERAL TERMS & CONDITIONS 2.1 NO BIDS OR PROPOSALS If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason. 2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL A. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the solicitation may result in rejection of the bid or proposal. B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or submitting proposals on any future bids or proposals for work, for goods, or for services for the City. 2.3 GENERAL CONDITIONS A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. The successful Bidder shall provide a Performance Bond for One Hundred percent (100%) of the contract price made payable to the City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the agreement. A copy of the Performance Bond form can be found in the attachments; it is made a part of and is incorporated into the ITB by this reference. B. Documentation: Bidder shall submit in its bid the following: 1. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations; 2. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and 3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this reference. C. Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 6 or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB. D. No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract. E. Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City’s request. F. General Conditions: The agreement to be awarded will be subject to the provisions of the United States Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach. 2.4 SPECIAL CONDITIONS A. Any and all Special Conditions contained in the solicitation that may be in variance or conflict with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. B. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the solicitation and the awarded agreement. 2.5 PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who, or which has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference. 2.6 PRICES, TERMS ARE TO BE FIRM A. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the solicitation opening. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 7 B. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. C. The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City’s sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors. 2.7 PROTECTION OF PROPERTY A. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding. B. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 2.8 TRASH Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 2.9 INSTRUCTIONS TO BIDDERS Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 8 2.11 NON-COLLUSION STATEMENT By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is incorporated into the solicitation by this reference. 2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the solicitation, for questions of a material nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or Offeror. 2.13 PUBLIC RECORDS A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in confidence unless otherwise required by law. B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply: 1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. 2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City. 3. Response to Public Records Requests: Upon request from the City custodian of public records, Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 9 4. Delivery of Records: Upon completion of the contract or in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder or Offeror shall be delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all records are received as provided in this solicitation. 5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes: IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Elora Riera, City Clerk Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 Telephone number: 954-924-6800, Ext. 3623 Email: eriera@daniabeachfl.gov 2.14 SUCCESSORS AND ASSIGNS The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 2.15 QUALIFICATION OF BIDDERS OR OFFERORS A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be rejected by the City for any one or more of the following reasons: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 10 1. Reason to believe that collusion exists among the Bidders or Offerors. 2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal. D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be “non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid or Proposal, as determined by the Owner. If the Bidder or Offeror makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a Bid or Proposal may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to, submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract Documents. 2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract Documents. 2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 11 2.17 EMPLOYEES OF THE CONTRACTOR A. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 2.18 AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. 2.19 LICENSES, PERMITS, AND FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: A. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). B. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 12 2.20 TERMINATION OF AGREEMENT If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 2.21 TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such default and termination, any completed services performed by the Contractor under the agreement shall, at the option of the City become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due to the City from the Contractor can be determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days’ written notice, without cause. 2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; 2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work; 3. liens, claims, actions made by the Contractor or other party performing the work; and 4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 13 B. Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: 1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. 2.23 INSURANCE REQUIREMENTS A. Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions. B. Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON- EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING CONTRACTOR DELAY. C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 14 omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. D. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. Annual Aggregate shall apply “Per Job”; 2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”; 3. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; 4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); 5. Contractor’s insurance shall be primary and non-contributory; 6. Waiver of Subrogation in favor of the City; 7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability Limits Part B. H. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 15 1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR 2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. I. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 2. Waiver of Subrogation. J. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned vehicles. K. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. “The City of Dania Beach” is added as a named “Additional Insured”; 2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 3. Waiver of Subrogation. L. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and Solicitation Documents: 1. “Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with Bid or Proposal at submittal on the date and time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non- responsive on the date and time of the Bid or Proposal opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Contractor does understand that all provisions, including “Special Provisions” noted below are expected to be fully documented on or attached to the “Official” Certificates of Insurance as described below. 2. “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Intent to Award”, then the City has the right to consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 16 contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. 3. All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing. 2.24 SAFETY A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. B. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 2.25 WARRANTY The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 2.26 RESPONSIBLE BIDDER OR OFFEROR No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 17 2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are further notified that the City's governing body may not give preference to a Bidder or Offeror based on the Bidder's or Offeror's social, political, or ideological interests. 2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD The City shall have the right to investigate the financial condition and experience record of the Bidder or Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested services in the solicitation. 2.29 SOLICITATION PROTEST PROCEDURE A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager’s Office. B. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less. C. The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. D. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 18 2.30 LITIGATION A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder or Offeror. C. A contract with the successful Bidder or Offeror will include the following: GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. D. All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees. 2.31 CONTRACT AWARD AND EXECUTION A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or proposals it receives by total amount in accordance with the terms of the advertisement. The City will verify all bidders or offerors have properly submitted and executed all required solicitation documents and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of all bids or proposals to the engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate, to the City Commission. B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 19 1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) 2. where obvious unbalancing of unit prices has occurred, or 3. where competition is considered to be inadequate relative to the size, type, and location of the project. C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process. D. Contract Award and Execution: The City will enter into a contract with the lowest priced and the most responsive and responsible bidder. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any time. All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. 2.32 CONE OF SILENCE A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or Invitation to Bid (“ITB”), between: 1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and: 2. a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Selection Committee. Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation. Exceptions to Applicability: The provisions of this section shall not apply to: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 20 1. Oral communications at pre-bid or pre-proposal conferences; 2. Oral presentations before the Selection Committee; 3. Public presentations made to the City Commission members during any duly noticed public meeting; 4. Communications in writing at any time with any City employee, unless specifically prohibited by the solicitation. The Bidder or Offeror shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; 5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated as responsible for administering the procurement process for the solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; 6. Communications with the City Attorney and his staff; 7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation during the time period between the opening of Bids or Proposals and the time the City Manager makes a written recommendation; 8. Any emergency procurement of goods or services pursuant to City Code; 9. Responses to the City’s request for clarification or additional information; 10. Contract negotiations during any duly noticed public meeting; 11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting. Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this solicitation, violation of any provision of this section by a City employee may subject the employee to disciplinary action. Please contact the City Attorney for any questions concerning “Cone of Silence” compliance. 2.33 ADDITIONAL GENERAL CONDITIONS A. Liquidated Damages: Liquidated Damages will be assessed as stated in the contract for each non- compliant day that any requirements listed in this section are not met. 1. Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 21 and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 2. Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 3. Access: As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance. B. Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure. The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar days and Final Completion of the entire Work not later than one hundred eighty (180) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to adjustments of this Contract Time as provided in the Contract Documents. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 22 3. SPECIAL CONDITIONS 3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the project’s Q&A in the portal by NO VALUE at NO VALUE. Questions received after this time will not be addressed. B. For information pertaining to this ITB, Bidders shall submit questions to the portal. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum. C. Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. D. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City for this Project. E. Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. F. Bidders shall use the Bid Document Forms furnished in the ITB. G. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. H. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents and the Agreement upon award to the successful Bidder. 3.2 BID SECURITY A. Bid Security: Simultaneously with the delivery of an executed Bid to the Owner, the Bidder shall furnish to the Owner a Bid Security in the amount of five percent (5%) of the proposed pricing as security for the faithful execution of an Agreement with the Owner in the event of a bid award by the City Commission. B. Bid security may be in the form of a cashier's check payable to the City of Dania Beach and drawn on a Florida bank, or a Bid Bond (see attachments) issued by a surety meeting the qualifications stated in these Instructions to Bidders. Cashier’s checks must be received by the Procurement Division before the bid submission deadline at the address noted on the title page. Bonds shall be submitted on the forms provided by the Owner. Bonds shall be returned subsequent to award of the Agreement by the City Commission and execution by the successful Bidder and the appropriate City officials. If the Bidder fails to submit the required executed agreement within fourteen (14) calendar days after an award, the Bidder agrees that the City may retain the bid security deposit as the City’s liquidated damages. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 23 C. Failure of the successful Bidder to execute an Agreement, to furnish Performance and Payment Bonds when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Bid shall be just cause for the rescission of the agreement award and the retention of the Bid Security deposit by the Owner. Such retention shall be considered not as a penalty, but as liquidation of the claims of the Owner for damages it sustained, which are not otherwise readily ascertainable. Award may then be made to the next ranked Bidder, or all Bids may be rejected. 3.3 FLORIDA TRENCH SAFETY ACT The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable trench safety standards. 3.4 QUALIFICATION OF BIDDERS A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: 1. Reason to believe that collusion exists among the Bidders. 2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s office shall determine the timeliness of the Bid. D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 24 The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid, as determined by the Owner. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. 2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. 3.5 BILLING PROCEDURE The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 25 3.6 PROGRESS PAYMENTS The Contractor may requisition payments for work completed during the project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with properly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in the Contractor's current and previous applications for payment and any other supporting documentation as may be required by the City or Contract Documents. The City shall make payment to the Contractor within thirty (30) calendar days after approval of the Contractor's requisition for payment. Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally completed as specified and accepted by the City. The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective work not remedied. B. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. C. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor. D. Damage to another Contractor not remedied. E. Liability for liquidated damages that has been incurred by the Contractor. F. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. G. Reasonable evidence that the work will not be completed within the Contract Time. H. Persistent failure to carry out the work in accordance with the Contract Documents. When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 26 4. SCOPE OF WORK This project includes the complete restoration of the historic wood-frame Dania Beach Women's Club, located at 117 NW 1st Avenue Dania Beach FL 33004 4.1 General Information A. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project. B. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so. C. Bids will be considered if submitted by qualified Contractors who or which have experience, including similar previous work in the provision of the requested services. Contractors offering full service will receive the highest consideration. D. Applicants should include the following items in the submitted Bid: 1. Letter of Transmittal; 2. Anticipated time line to begin delivery of services; 3. A breakdown of the costs for the delivery of services described above. 4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the role of each person within the company. 5. NOTE: The City expects those personnel listed to be those who will be actually performing the Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the City’s representative or designee who is in charge of the Project. 6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS) and it includes the following information: a. Name of each entity for which the work was performed; b. Brief description of the scope of work; c. Amount of initial contract award; and d. Name of contact person and contact information with the entity who can knowledgeably discuss your company’s performance. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 27 7. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and 8. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor’s qualifications. 9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITB, taking into consideration experience, staffing, equipment, materials, references and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties. 10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which offered the next lowest, responsive and responsible bid in the opinion of the City. THE CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. 4.2 Purpose The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified Contractors (the “Contractor”), for a project known as “Dania Beach Woman's Club Restoration”. This project consists of the historic restoration of the Dania Beach Woman's Club, located at 117 Northwest 1st Street, Dania Beach, FL 33004. The building is approximately 1,545 square feet and will be restored to its early 20th century appearance. The Woman's Club is a significant historical resource in the City, having been designated a historic property by the City in 2000. The intent of this solicitation is to identify and engage a qualified contractor with proven expertise in historical restoration to undertake the preservation and renovation of a historically significant home built in 1935. The selected contractor must demonstrate a deep understanding of historical restoration techniques, materials, and best practices to ensure that all work maintains the architectural integrity and historical character of the property while integrating necessary modern updates. Compliance with the Secretary of the Interior's Standards for Rehabilitation is required. 4.3 General Scope of Work The scope of work for this project includes, but is not limited to, electrical system upgrades, HVAC improvements, plumbing repairs and enhancements, interior and exterior painting, and general renovations. All updates must align with preservation standards and local historical guidelines to ensure the home’s structural and aesthetic authenticity is preserved. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 28 Qualified bidders must have experience in working with historical properties, possess all necessary licenses and certifications, and be able to provide references for similar projects. The goal of this project is to restore the home to its original grandeur while ensuring its long-term sustainability and functionality. All work shall be completed as outlined in the provided technical specifications and plans. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 29 5. BID FORM GENERAL REQUIREMENTS Line Item Description Unit Cost Unit of Measure SITE and ABATEMENT 1 Lead Paint Abatement EA 2 Asbestos Abatement EA 3 Mold Abatement EA CONCRETE 4 AC & Water Heater Pads EA 5 Concrete Repair - Structural EA MASONRY 6 Historic Masonry Restoration and Cleaning EA 7 Historic Masonry Repointing EA METAL FABRICATIONS 8 New Metal Structural Clips & Fasteners EA WOOD and PLASTICS 9 Rough Carpentry - Wood Structural Repair EA 10 Finish Carpentry EA 11 New Wood Walls EA 12 Interior Wood & Cabinet Repair EA 13 Exterior Wood Repair EA THERMAL and MOISTURE PROTECTION 14 Building Insulation EA Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 30 Line Item Description Unit Cost Unit of Measure 15 Asphalt Shingle Roofing EA 16 Flashing and Sheet Metal EA 17 Sealants and Caulking EA 18 Misc. Roofing EA DOORS and WINDOWS 19 Wood Window Restoration EA 20 Wood Door Restoration EA 21 New Exterior Doors EA 22 New Interior Doors EA 23 New Hurricane Shutters EA FINISHES 24 Painting, Staining, Sealing EA 25 Plaster Repair EA 26 Exterior Siding Repair EA 27 Wood Flooring Restoration / Repair EA 28 Terrazzo Flooring Restoration / Repair EA 29 Ceramic Tile EA 30 Pecky Cypress EA MECHANICAL / PLUMBING 36 New HVAC System EA 37 New Plumbing Fixtures EA 38 New Plumbing System (Sanitary, Water, Hot Water) EA Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 31 Line Item Description Unit Cost Unit of Measure 39 Existing Plumbing System Repairs EA ELECTRICAL 40 Electrical and Light Fixtures EA 41 Fire Alarm Equipment EA 42 Low Voltage (IT, AV, Security) EA 43 Existing Electrical System Repair EA 44 LUMP SUM FIXED PRICE ITEMS EA 45 ALL MISC. WORK not COVERED in the ABOVE CATEGORIES EA 46 CONTINGENCY EA 47 OVERHEAD EA 48 PROFIT EA Permitting 49 Permitting Cost EA Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 32 6. BIDDER SUBMISSIONS 1 BIDDER QUALIFICATIONS Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. 1.1 Authorized representative contact information?* Please include the name, title, phone and email of the authorized representative *Response required 1.2 Entity type?* ☐ Corporation ☐ Partnership ☐ Individual ☐ Other (specify below) *Response required 1.3 If you selected other please specify: 1.4 If you selected corporation please enter date of incorporation and state in which incorporated: 1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State ☐ Please confirm 1.6 Please include the name and title of Principal Officers and the date they were elected:* *Response required 1.7 How many years has your organization been in business?* Enter years *Response required 1.8 The length of time (continuous) in business in Florida:* Enter years *Response required 1.9 Please upload a copy of a county or municipal Business Tax Receipt* *Response required 1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the role of each person within the company* *Response required 1.11 Have you ever failed to complete any work awarded to you?* ☐ Yes Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 33 ☐ No *Response required When equals "Yes" 1.11.1 If yes, please explain below* *Response required 1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement?* ☐ Yes ☐ No *Response required When equals "Yes" 1.12.1 If yes, please explain below* *Response required 1.13 Within the last five years, have you ever had a performance, payment or bid bond called?* ☐ Yes ☐ No *Response required When equals "Yes" 1.13.1 If yes, please explain below* *Response required 1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City?* ☐ Yes ☐ No *Response required When equals "Yes" 1.14.1 If yes, please explain below* *Response required 1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity?* ☐ Yes ☐ No *Response required Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 34 When equals "Yes" 1.15.1 If yes, please explain below* *Response required 1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000?* ☐ Yes ☐ No *Response required When equals "Yes" 1.16.1 If yes, please explain below* *Response required 1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.17.1 If yes, please explain below* *Response required 1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.18.1 If yes, please explain below* *Response required 1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office?* ☐ Yes ☐ No *Response required When equals "Yes" Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 35 1.19.1 If yes, please explain below* *Response required 1.20 Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity?* ☐ Yes ☐ No *Response required When equals "Yes" 1.20.1 If yes, please explain below* *Response required 1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office.* ☐ Yes ☐ No *Response required When equals "Yes" 1.21.1 If yes, please explain below* *Response required 1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest?* ☐ Yes ☐ No *Response required When equals "Yes" 1.22.1 If yes, please explain below* *Response required 2 Commercial/Government References Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years 2.1 Reference 1* Please include: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 36 Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.2 Reference 2* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.3 Reference 3* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.4 Reference 4* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 37 2.5 Reference 5* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 3 BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 3.1 List below all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily.* *Response required 3.2 Have you personally completed a plan for performance of the work?* *Response required 3.3 Have you ever failed to complete work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 3.3.1 If so, when, where and why?* *Response required 3.4 What equipment do you own that is available for work? 3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties or elsewhere by any other governmental entity?* *Response required 3.6 How many employees (Contractors only) will be assigned to perform the services?* *Response required 3.7 How many supervisors will be assigned to perform the services?* *Response required 3.8 Will personnel be part of a regular crew assigned to perform the services? * ☐ Yes ☐ No *Response required Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 38 3.9 Will you be able to provide service for emergency situations? * ☐ Yes ☐ No *Response required When equals "Yes" 3.9.1 If so, how much notice is required?* *Response required 3.10 What equipment do you own that is available to complete the Project?* EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. *Response required 3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have. 4 REQUIRED FORMS 4.1 Will you be utilizing Surety2000 Bid Bond verification?* Select no if uploading your bid bond ☐ Yes ☐ No *Response required When equals "Yes" 4.1.1. Surety2000 Bid Bond* Please enter your Bid Bond information from Surety2000 below. *Response required When equals "No" 4.1.2 Bid Security* Please download the below documents, complete, and upload. • BID_BOND.pdf *Response required 4.2 DRUG-FREE WORKPLACE CERTIFICATION* Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 39 A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). D. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above. ☐ Please confirm *Response required 4.3 Affidavit of Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Anti-Human_Trafficking_Exhi... *Response required 4.4 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes* Please download the below documents, complete, and upload. • Public_Entity_Crimes_Statem... *Response required 4.5 Non-Collusion Affidavit* Please download the below documents, complete, and upload. Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015 40 *Response required 4.6 Independence Affidavit* Please download the below documents, complete, and upload. CITY OF DANIA BEACH, FLORIDA INVITATION TO BID DANIA BEACH WOMAN’S CLUB RESTORATION INVITATION TO BID(“ITB.”) NO. 25-015 ADDENDUM 1 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 JUNE 12, 2025 CITY OF DANIA BEACH, FLORIDA INVITATION TO BID “DANIA BEACH WOMAN’S CLUB RESTORATION” RFQ 25-015 ADDENDUM 1 QUESTIONS AND ANSWERS 1. Requiring a bid due on a Monday morning is historically the worst time and day as many subcontractors purposefully wait until bid day to submit pricing. A Monday morning bid due leaves general contractors with no time to finalize and submit a bid. This is also not an advantage to the city as they may not receive the best pricing available. Would the city consider moving the bid date to a later date and time? (also one week even if RFI's are responded to today is not enough time to distribute responses to subcontractors and receive updated proposals back from them to incorporate in the general contractors' bid). Please note that this bid has been extended to July 20th and the time has been changed to 3pm. CITY OF DANIA BEACH, FLORIDA DANIA BEACH WOMAN’S CLUB RESTORATION CITY INVITATION TO BID (“ITB.”) NO. 25-015 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 JUNE 12, 2025 Addendum 2 CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR “DANIA BEACH WOMAN’S CLUB RESTORATION” ITB 25-015 Addendum 2 TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS, ADDITIONS, DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO SOLICITATION, WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. This addendum corrects the bid submission deadline listed in Addendum 1. All bidders are advised the submission deadline for this bid is June 20, 2025, 3:00pm City of Dania Beach Public Services Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, Public Services Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO AWARD ITB NO. 2025-019 “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION PHASE 3” Request: The Public Services Department (PSD) requests the adoption of the attached resolution authorizing the award of the Invitation to Bid (ITB) No. 2025-019 “Directional Boring and Electrical Utility Installation, Phase 3” to Bore Tech Utilities & Maintenance, Inc. Background: On June 22, 2021, the City Commission authorized a project to improve the aesthetics and quality of life for all residents by expanding the geographic area and quality of the citywide annual holiday decorations via Resolution 2021-083. None of the medians along the major roads are electrified. The multi-year project consists of directional boring and construction of electric infrastructure to about 20 median sections. PSD contracted with Clavin Giardiano and Associates, Inc to design median electrification engineering services. This will be Phase 3 of the total project. The project's ITB No. 2025-019 “Directional Boring and Electrical Utility Installation Phase 3” was made available on the City’s OpenGov platform on July 18th, 2025. On August 11th, 2025, the bids were opened in a public forum. The City received three submissions from the following bidders, along with their proposed pricing: • Bore Tech Utilities and Maintenance, Inc. $110,624.75 • Canseco Electrical Contractors, Inc. $137,998.00 • Horsepower Electric Inc $141,135.00 After a thorough review of all submissions conducted by Calvin Giardiano and Associates, Inc., the PSD has decided to select Bore Tech Utilities & Maintenance Inc. as the most responsive and responsible bidder. Budgetary Impact The proposed contract with Bore Tech Utilities & Maintenance Inc. will be $110,624.75. Funding for this contract will be appropriated from the Capital Projects Fund Account No. 301- 39-60-541-63-10. Recommendation PSD recommends approval to award Bid (“ITB”) No. 2025-019 “Directional Boring and Electrical Utility Installation, Phase 3” to Bore Tech Utilities & Maintenance Inc. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 2025-019, ENTITLED “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE 3, TO BORE TECH UTILITIES & MAINTENANCE, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND SIX HUNDRED TWENTY FOUR DOLLARS AND SEVENTY FIVE CENTS ($110,624.75); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 22, 2021, pursuant to Resolution No. 2021-083, the City Commission authorized the permitting, engineering design, construction, and funding necessary to provide electricity to roadway medians enable the lighting of holiday decorations; and WHEREAS, the Public Services Department engaged Calvin Giordano and Associates to design, prepare construction documents, obtain permits, and provide post-design services for this project; and WHEREAS, on July 18th. 2025, the City issued an Invitation to Bid (“ITB”) No. 2025- 019, for the “Directional Boring and Electrical Utility Installation Project, Phase 3; and WHEREAS, on August 11th, 2025, the City received three responses to ITB No. 2025- 019, shown below: 1. Bore Tech Utilities & Maintenance, Inc. $110,624.75 2. Canseco Electrical Contractors, Inc. $137,998.00 3. Horsepower Electric, Inc. $141,135.00 WHEREAS, the Bid Committee’s assessment of the bid packages provided by the respondents, reviewed by the consultant project engineer, resulted in the selection of Bore Tech Utilities & Maintenance, Inc. as the lowest and most qualified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement with Bore Tech Utilities & Maintenance, Inc. for the Directional Boring and Electrical Utility Installation Project, Phase 3 in an amount not to exceed One Hundred Ten Thousand Six Hundred Twenty-Four Dollars and Seventy-Five Cents ($110,624.75). 2 RESOLUTION #2025-______ Section 3. That funding will be appropriated from the Capital Projects Fund Account No. 301-39-60-541-63-10 in the amount not to exceed One Hundred Ten Thousand Six Hundred Twenty-Four Dollars and Seventy-Five Cents ($110,624.75). Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective 10 days after passage and adoption. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 1 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 Bore Tech Utilities & Maintenance, Inc. (“Contractor”), with a mailing address of 19025 SW 194 Avenue, Miami, Florida 33187. 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. “Force majeure” does not include where the City’s actions or inactions or lack of compliance with the Agreement delay the Contractor. 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. 2 Work. The labor and materials required to complete the construction of the Improvements on the Property, and any related buildings or structures not located on the Property, in a good and workmanlike manner in accordance with the Plans and all applicable Governmental Requirements. 2. Scope of Services. The Contractor agrees to provide construction services (“Services” or “Work”) regarding the installation of underground electrical utility infrastructure through directional boring in order to support the operation of holiday lighting displays in designated public areas, (medians on Dania Beach Blvd) which is specifically addressed in the City’s ITB (Invitation to Bid) No. 25-019 entitled Directional Boring and Electrical Utility Installation, Phase III”, including but not limited to Section 4.1 of the ITB which is incorporated by this reference into this Agreement as Exhibit “A”. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The Lump Sum for the total work is outlined in the Cost Breakdown is identified and in the Contractor’s Bid Form as Exhibit “B” which exhibit is incorporated by reference into this Agreement. 3. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any Subcontractors and the fees to be paid them by Contractor, prior to any such Subcontractor proceeding with any such work. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. It is expressly agreed to by the parties that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Contractor, prior to any such subcontractor proceeding with any such work. 4. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 4.1 Code Related Inspections. The Contractor recognizes that the City of Dania Beach, Development Services Department, is a department within the City of Dania Beach, separate and apart from the City of Dania Beach’s Engineering Department, that is charged with the inspection of improvements to real property for code compliance. The Contractor agrees that it will not assert, as a City caused delay, or as a defense of any delay on the part of the Contractor, any good-faith action or series of actions on the part of the Development Services Department, including, but not limited to, the Development Services Department’s refusal to accept any portion of the Contractor's Work. If it is ultimately determined by the Engineer and City that such delay was not the result of Contractor's failure to comply with the Agreement Documents, the Contractor may be entitled to make a claim for extension of Agreement Time only as its exclusive remedy, in accordance with the terms of the Agreement. 3 4.2 Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on lands owned or controlled by City. Contractor shall not allow its employees to engage in any commercial activities on the site. 4.3 Cooperation With Others. City and other contractors may be working at the site during the performance of this Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other parties, and Contractor shall comply with such requirements. The City shall provide for coordination of the activities of the City's own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules. 4.3 The below listed documents are to be used by the Contractor and City during the administration of this Agreement. Additional administrative forms may supplement this list upon written notice by the City (or City's Project representative). City reserves the right to modify these forms as it deems necessary. Contractor shall maintain logs for Items A-K and provide to City monthly. A. Request for Information B. Field Instruction C. Field Bulletin D. Construction Change Proposal E. Change Order F. Construction Change Directive G. Submittal Transmittal H. Deficiency Report I. Non-Conformance Report J. Contractor's Daily Report K. Substitution Report 4.4 Contractor shall provide and maintain all utilities in work areas to meet the requirements of the Agreement. Such utilities shall be furnished by the Contractor and shall include, but not be limited to, the following: A. Public telephone service for the Contractor's use. B. Construction power as required at each point of construction. C. Water as required throughout the construction. 4.5 Prior to final acceptance of the Work, the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Agreement. The City will assume the utility costs directly related to its usage of areas in which the Work has been certified as Substantially Complete. 4 4.6 Coordination And Correlation Of Drawings And Specifications. The Contractor represents that the Contractor, its Subcontractors, material and equipment suppliers have carefully and diligently compared Phasing, Demolition, Landscaping, Architectural, Structural, Electrical, Underground, Civil and Site Drawings and Specifications, and have compared and reviewed all general and specific details on the Drawings. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor recognized, or in the exercise of its due diligence, should have recognized the issue and knowingly failed to report it to the City. Contractor shall have the right to rely on the completeness and accuracy of information, Drawings, Specifications, and other Agreement Documents provided by the City or Design Consultants. 4.7 Agreement Interpretation. All claims of Contractor, and all questions the Contractor may have relating to interpretation or clarification of this Agreement or its acceptable fulfillment shall be submitted immediately, in writing, to City for resolution. City, or its representatives, will render its determination concerning such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional time is needed due to the novelty or complexity of the interpretation or clarification requested, which determination shall be considered final and conclusive unless Contractor files a timely written protest pursuant, as a Dispute. The Contractor's written protest shall state clearly and in detail the basis thereof, and the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon within five (5) calendar days If Contractor does not agree with the City's decision, the Contractor shall immediately deliver written notice to that effect to the City. If questions of interpretation are not responded to by the Engineer 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 Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Agreement for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within thirty (30) days of the date set forth in the Notice to Proceed, City may terminate the Agreement immediately, without providing an opportunity to cure. 5 5.2 The Contractor shall achieve Substantial Completion not later than Ninety (90) calendar days and Final Completion of the entire Work not later than One Hundred Twenty (120) calendar days or, each commencing with the date set forth in the Notice to Proceed as issued by the City, subject to adjustments of this Agreement Time as provided in the Agreement Documents. 6. Payment for Services. 6.1 The City agrees to pay the Contractor a total Lump Sum Fee of fifty thousand six hundred twenty-four dollars and seventy-five cents ($50,624.75), along with a permitting allowance of ten thousand dollars ($10,000). Additionally, the City agrees to an undefined contingency allowance of fifty thousand dollars ($50,000). 6.2 No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 6.3. The Agreement Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Agreement Documents. 6.4 The value of any construction Work covered by a Change Order or of any claim for an increase or decrease in the Agreement Sum shall be determined in one of the following ways at the City's option: (A) Where the Work involved is covered by unit prices contained in the Agreement Documents, by application of unit prices to the quantities of items involved without additional fees. (B) By mutual acceptance of a lump sum price. 6.5 Contractor may expend funds only for allowable costs resulting from obligations incurred during the specified Agreement period. 6.6 Any balance of unobligated funds which have been advanced or paid must be refunded to the City. 6.7 Any funds paid in excess of the amount to which the Contractor or sub-contractor is entitled under the terms of the Agreement must be refunded to the City. 6.8 Any additional information as required in Section 215.97, Florida Statutes. 6.9 Any necessary additional work, as determined by City, which is not covered by the 6 approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both parties in advance of any work. 6.10 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City 6.11 Before performing any work that will be paid from the Undefined Contingency allowance, the Contractor must submit documentation and justifications and must obtain authorization from the City. 7. Billing Procedure. 7.1 The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez, Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 7.2 The City will pay to the Contractor for the faithful performance of the Agreement, in lawful money of the United States, and subject to adjustments as provided in the Agreement Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. 7.2.1 Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 7.3 As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Agreement amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Agreement. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. 7 7.4 Based upon Applications for Payment submitted to the City by the Contractor and Certifications of Payment issued by the City, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the “Local Government Prompt Payment Act.” 7.5 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: (A) Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Agreement Documents. The Schedule of Values shall allocate the entire Agreement Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the City may require. This Schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor's Applications for Payment. (B) Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 7.6 Subject to the provisions of the Agreement Documents, the amount of each progress payment shall be computed as follows: (A) Payment for services performed may be made on a monthly basis upon approval of the Application for Payment by the designated official of the City. The Agreement may include phases of performance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreement. (B) Five percent (5%) of monies earned by the Contractor shall be retained by City until Substantial Completion and acceptance by City, except for the following items: General Conditions and self-performed work performed on a cost reimbursement basis, if any. Retainage will be released when the project has reached substantial completion as agreed upon by the City and contractor. (C) City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: (1) Defective Contractor or Subcontractor Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. (3) Failure of Contractor to make payments properly to subcontractors or for material or labor. (4) Damage to another subcontractor not remedied. (5) Failure of Contractor to provide any and all documents required by the Agreement Documents. 8 7.7 Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the City, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The Application for Payment for Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. 8. Final Payment. Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; (B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance of the Contractor's final Certification of Payment; (C) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (D) a Consent of Surety, if any, for final payment. 9. Payment and Performance Bond. The Contractor agrees that before commencing any work or construction the Contractor shall maintain, at all times, a valid payment and performance bond, consistent with the requirements contained in the ITB, attached as Exhibit B. The executed Bonds shall be attached to this Agreement as Exhibit C. 10. Protection Of Property. The Contractor shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 11. Florida Trench Safety Act. The Contractor shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Contractor's cost for compliance with the applicable trench safety standards. 9 12. Trash. Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 13. Public Bid Disclosure Act. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: (A) Contractor shall utilize the permitting allowance to pay for any and all appropriate City permits, licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). (B) During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. (C) Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. (D) City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). 14. Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 15. Warranty. The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Agreement Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish 10 satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 16. Construction Quality. Contractor agrees all work (“Work”) shall be free from defects, and that the Work will conform to the terms and conditions of Invitation to Bid and be completed in a good and workmanlike manner. 16.1 Standards of Construction. Any and all construction of Improvements shall be performed in such a manner as to provide that the Work shall: (i) Substantially comply with the Permitted Plans; (ii) Comply with the terms and provisions of this Agreement; and (iii) Comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable Governmental Authorities. 16.2 Comply with Applicable Law. All Improvements constructed or installed by the Contractor, its agents, or contractors, shall conform to all applicable state, federal, county, and local statutes, ordinances, building codes, fire codes, and rules and regulations, as amended. 16.3 Contractor’s Obligations During Construction. Prior to the Completion Date, Contractor: (A) Provide hoists, temporary structures, light, power, temporary utility connections, equipment, tools and materials and other requirements for the performance of the Work; (B) Maintain the Property in a clean and orderly condition, at all times, taking into consideration the public nature of the Project, and remove all construction debris from the Property; (C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such properties are publicly or privately owned; (D) Implement and maintain at all times a comprehensive hurricane and flood plan for the Property and the Work, and provide a copy of same to the City, if requested; (E) Provide Maintenance of Traffic (MOT) plan. (F) As Builts. Within one hundred twenty (120) days after the date a CO is issued for Improvements constructed by Contractor during the term of this Agreement, the Contractor shall at its expense, provide the City with a complete set of "as built" plans and specifications, including mylar reproducible "record" drawings, and, if available, one set of machine readable disks (or comparable) containing electronic data in an AUTOCAD format that meets the City's graphic standards of the "as-constructed" or "record" plans for such Improvements. The "as built" plans submitted by Contractor must show the square footage of each Improvement depicted in such plans. (G) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all times make diligent effort to have proper supervision of the general contractor or other employees or agents of the Contractor upon the Property site. 11 Employees Of The Contractor. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. (H) Contractor Progress Reports. At the request of City, Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee. (I) City’s Representative. The City may designate one or more employees or agents to be the City’s Representative for the Project so that he or she may subject to site conditions and during normal business hours, visit and the Property. (J) Certificates of Final Completion. After Contractor completes the Work, the City will deliver to Contractor, a recordable Certificate of Final Completion certifying that, to the best of the City’s knowledge, Contractor has satisfied all its obligations to the City for the construction of the specified Improvements. 16.4Site Conditions Contractor has the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, staging, parking, disposal, handling and storage of materials; availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions, location of underground utilities as depicted on Agreement documents, and through verification with local utility companies and the City, physical conditions of existing construction, topography and ground surface conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the nature of the ground water conditions; equipment and facilities needed preliminary to and during performance of the Agreement; and all other matters which would be reasonably known to a licensed general contractor with expertise in streetscape and 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. 12 16.5 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible for any understanding reached or representation made concerning conditions which can affect the Work by any of Contractor's officers, employees, agents, subcontractors, material men, or suppliers before execution of this Agreement, unless that understanding or representation is expressly stated in this Agreement. 16.6 The provisions of this Section 16 shall be deemed a complete waiver by the Contractor of claims for equitable adjustment in Agreement Time or Price, or both, unless due to (1) subsurface or concealed conditions which differ materially from those indicated on the Agreement Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction of the character provided in the Agreement Documents; provided however, that claims under this Section 16 shall be denied in the event that the conditions were reasonably inferable from activities, testing and investigations performed in connection with the Pre-Con Agreement, and which would otherwise provide to Contractor an expectation that the conditions could be similar elsewhere in the Project. 16.7 Warranty. Unless otherwise provided elsewhere in the Agreement, all materials and equipment incorporated into any Work covered by the Agreement shall be new and, where not specified, of the highest grade and quality for their intended use, and all workmanship shall be in accordance with construction practices acceptable to City. Unless otherwise provided in the Agreement, Contractor warrants all equipment, materials, and labor furnished or performed under this Agreement, against defects in design, materials and workmanship, for a period of twelve (12) months (unless longer guarantees or warranties are provided for elsewhere in the Agreement in which case the longer periods of time shall prevail) from and after Substantial Completion of the Work under the Agreement, regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Even in the event that the City assumes partial utilization of portions of the Work prior to completion of all Work, the Warranties for that portion shall also extend for twelve (12) months from Substantial Completion of the entire Work, so that all warranties are running concurrently upon Substantial Completion of the total Project. 16.8 Upon receipt of written notice from City of any defect in any such equipment, materials, or labor during the applicable warranty period due to defective design, materials or workmanship, the affected item or parts thereof shall be redesigned, repaired or replaced by Contractor at a time and in a manner acceptable to City in compliance with the Agreement Documents, at its expense. 16.9 Contractor warrants such redesigned, repaired or replaced Work against defective design, materials and workmanship for a period of twelve (12) months from and after the date of acceptance thereof. Should Contractor fail to promptly make the necessary redesign, repair, replacement and tests, after written notice from City specifying the defects, City may perform or cause to be performed the same, at Contractor's sole cost and expense. 16.10 Contractor shall perform such tests as City may require verifying that such redesign, repairs and replacements comply with the requirements of this Agreement. All costs incidental to such redesign, repair, replacement, and testing, including the removal, replacement, and reinstallation of equipment and materials necessary to gain access, shall be borne exclusively by Contractor. However, if such testing determines that the Work is not defective, than City shall compensate Contractor for such costs of testing and any effects on previously completed work. 13 16.11 Contractor and its Surety shall be liable for the satisfaction and full performance of the warranties as set forth herein, and any damage to other parts of the Work caused by the Contractor's failure to perform pursuant to this section 16. 16.12 The Contractor shall commence Work to remedy or replace the defective, deficient Work within five (5) calendar days after receiving written (including transmittals by email) notice from the City, subject to allowance for long-lead items. If the Contractor fails to remedy or remove or replace that Work or material which has been found to be defective, or reasonably commence corrective action, then the City may remedy or replace the defective or deficient Work at the Contractor's expense; provided, however, all repairs to natural gas, telephone, radio, computer security, water, electric, air conditioning services and all emergency services shall be commenced within twelve (12) hours of notification, or by 7:00 a.m. whichever is earlier, and Contractor shall complete the repairs in an expeditious manner befitting the nature of the deficiency. The Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days, the City may pursue any and all legal remedies it may have against the Contractor and its Surety. 16.13 The Contractor is required to provide a designated telephone number for warranty related emergencies which occur outside the normal workday. The Contractor is solely responsible for ensuring that all warranty Work is completed in the manner described above. If the City agrees, in writing, a subcontractor may be the point of contact for notices regarding warranty items, but such agreement shall not absolve the Contractor of its responsibility. 16.14 Ingress/Egress. Contractor's access to the Work area will be permitted only through approaches that will be designated by City, and then only in such manner that Contractor's traffic will not interfere with City's operations and Merchants/Tenants adjacent to the activity area(s). Contractor shall, at all times, maintain reasonably free unimpeded ingress and egress at the site. Contractor personnel are not to enter into any areas of the jobsite other than Work areas and areas of designated access. Contractor shall safely maintain, at all times during the performance of the Work, both vehicular and pedestrian traffic in, around, and adjacent to the Project. 16.15 Preconstruction Conference. As soon as practicable 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, Engineer, 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. 16.16 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees. 14 16.17 Delivery, Unloading And Storage Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site all materials, plant and equipment required for the performance of the Agreement. The storage facilities, methods of storing and security provisions shall meet City's approval and manufacturer's recommendations. Materials and equipment subject to degradation by outside exposure shall be stored in a weather tight enclosure. 16.18 Work Area. All Contractor's Work areas on the jobsite will be assigned by City. Contractor shall confine its office, shops, storage, assembly and equipment and vehicle parking to the areas so assigned. Before commencing Work, the Contractor shall provide a temporary office on the site of the Work, which shall have a telephone where a representative of the Contractor may be reached at all times during normal working hours. Should Contractor find it necessary or advantageous to use any additional land outside the Project site for any purpose whatever, Contractor shall, provide and make its own arrangements for the use of such additional land. 16.19 Plant, Equipment And Facilities. Contractor shall provide and use on any Work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the Agreement and within the time or times specified in the Agreement. Before proceeding with any Agreement Work or with erection of any facilities, including, but not limited to, temporary structures, machinery, equipment, offices and warehouses, Contractor shall furnish City such information and drawings relative to such equipment, plant facilities as City may request. 16.20 Upon written order of City, Contractor shall discontinue operation of unsatisfactory plant and equipment or facilities and shall either modify or remove the unsatisfactory items from the site. 16.21 Contractor shall not remove construction plant or equipment from the site before the Work is finally accepted without City's written approval. Such approval shall not be unreasonably withheld. 16.22 Contractor-Furnished Materials, Equipment And Workmanship. Only new, unused items of recent manufacture, of designated quality, but in no event less than the standard quality for the improvements, free from defects, will be accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified quality. Failure by City to order removal of rejected materials and equipment shall not relieve Contractor from responsibility for quality of the materials supplied nor from any other obligation under the Agreement Documents. 16.23 Contractor shall continuously check architectural and structural clearances for accessibility of equipment and mechanical and electrical systems. No allowance of any kind will be made for Contractor's negligence to foresee means of installing equipment into position inside structures. 16.24 No Work defective in construction or quality, or deficient in meeting any requirement of the Agreement Drawings and Specifications, will be acceptable regardless of City's failure to discover or to point out defects or deficiencies during construction; nor will the presence of field representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Contractor from responsibility for the quality and securing progress of Work as required by the Agreement Documents. The City shall notify the Contractor of defective or unacceptable Work if the City discovers such. Defective Work revealed within the time required by warranties 15 (whether expressed or implied) shall be remedied in accordance with Section 15, entitled, “Warranty.” No payment, whether partial or final, shall be construed as an acceptance of defective Work or improper materials. 16.25 Contractor shall waive "common practice" and "common usage" as construction criteria wherever details and specifications or governing codes and ordinances require greater quantity or better quality than common practices and common usage would require. Contractor shall order and schedule delivery of materials in reasonable time to avoid delays in construction. Delays in delivery of equipment or material purchased by the Contractor or its Trade Contractors shall not be considered as a cause for an adjustment of the Agreement Time or a basis for damages or compensation. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. If an item is found to be unavailable, Contractor shall notify City immediately of recommended substitute(s) to permit City's selection of a suitable substitute. 16.26 City will exercise sole authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Agreement. Review and approval of all items proposed by Contractor for incorporation into the Work will be by City. This function by City will apply both to approvals for the Agreement as initially signed, and to approvals for changes to Agreement by modifications during progress of the Work. Reference to manufacturers' names, brands and models is to establish the type and quality desired. Substitutions may be permitted unless specifically noted otherwise in this Agreement. 16.27 When materials, equipment, or systems are specified by performance only, without reference to specific manufacturer's brands or models, Contractor shall submit its own choice for City's review and approval, supported by sufficient evidence of conformity with the Agreement Documents. Substitutions. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is, in fact, equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such item will be in City's interest, and will in no way impact detrimentally upon the Project completion date and schedule. The burden of proof of equality of a proposed substitution for a specified item shall be upon Contractor prior to City's decision on such substitution. Contractor shall support its request with sufficient test data and other means to permit City to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data, certificates, and additional information as may be required by the City for proposed substitute items. 16.28 Any item by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. City will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that 16 specified. Contractor shall allow an additional seven (7) calendar days for City's review of substitution. All requests for substitutions with submittal data must be made at least fourteen (14) calendar days prior to the time Contractor must order, purchase, or release for manufacture or fabrication. 16.29 Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by all governmental agencies having jurisdiction over use of specific material or method. Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance. 16.30 Expediting The equipment and material furnished under this Agreement may be subject to expediting by City, at City's expense. City shall be allowed reasonable access to the shops, factories, and other places of business of the Contractor and its subcontractors and suppliers, for expediting purposes. As required by City, Contractor shall supply schedules and progress reports for City's use in expediting and Contractor shall cooperate with City and require its subcontractors and suppliers to cooperate with City in such expediting. Any expediting performed by City shall not relieve Contractor of its sole and primary responsibility for timeliness of delivery of the equipment and material to be furnished under this Agreement. 16.31 Field Layout Of Work All Work under this Agreement shall be constructed in accordance with the lines and grades shown on the Agreement Drawings or as approved by the City in writing. Elevation of existing ground, structures and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. All survey work for construction control purposes shall be made by a land surveyor registered in the State of Florida, with demonstrated experience in the Project area, and who shall be employed by the Contractor at Contractor's expense. The Contractor shall establish all base lines for the location of the principal component parts of the Work together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the information provided by the Agreement Drawings, the Contractor's surveyor shall develop and make all detail surveys necessary for construction including establishment or construction of grid coordinates as shown on the Agreement Drawings, location of property boundaries, stakes for all working points, lines and elevations. City shall provide surveys necessary for utility easements. The Contractor shall have the responsibility to carefully preserve all benchmarks, reference points and stakes. In case of destruction thereof by the Contractor resulting from his negligence, or for any other reason, it shall be held liable for any expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes. Existing or new control points, property markers, and monuments that will be established or are destroyed during the normal course of construction shall be reestablished by the Contractor, and all reference ties recorded therefor shall be furnished to the City. All computations necessary to establish the exact position of the Work shall be made and preserved by the Contractor. 16.32Contractor Furnished Drawings, Data And Samples. Review and permission to proceed by City as stated in this Agreement does not constitute acceptance or approval of design details, calculations, analyses, test methods, certificates or materials developed or selected 17 by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Drawings, samples, catalogues, data and certificates required shall be submitted to the City for review. All correspondence from the Contractor to the City shall be numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop, erection or setting diagrams) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with Agreement requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check. The certification stamp shall read as follows: "I certify that I have checked this submittal for accuracy, completeness and compliance with Agreement requirements, and it has been coordinated with all other submittals and Agreement Documents." SIGN DATE 16.33 Drawings. Where drawings are required for (a) fabrication of Contractor furnished equipment; (b) installing Contractor furnished material or equipment; or (c) planning and performance of the Work under Agreement; such drawings shall be originally generated and submitted by and at the expense of the Contractor before fabrication, installation or performance is commenced. Each submittal shall be made not less than fourteen (14) calendar days prior to the time that the drawings are required in accordance with the schedule. Allow at least seven (7) calendar days for review by the Engineer. Such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details, such as field connections for proper installation, erection of the equipment, and performance of the Work. 16.34 Samples. Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Samples of all items of related systems (i.e., adjacent surfaces requiring similar colors but manufactured of different materials) must be submitted in the same time frame before the approval process can begin. Where samples are required, they shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than thirty five (35) calendar days prior to the time that the materials represented by such samples need to be ordered for incorporation into any Work in accordance with the schedule. Allow at least seven (7) calendar days for City's review. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into any Work without such review. Each sample shall bear a label showing the Contractor's name, date submitted, Project name, name of the item, manufacturer's name, brand name, model number, supplier's name, and reference to the appropriate drawing, Technical Specification section and paragraph number, all as applicable. Samples that have been reviewed may, at Engineer's and City's option, be returned to the Contractor for incorporation into the Work. 18 16.35 Catalogues, Data and Certificates. Where catalogues, data or certificates are required, one (1) digital copy and one (1) copy of each shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than fourteen (14) calendar days prior to the time that the materials represented by such catalogues, data or certificates must be ordered for incorporation into any Work in accordance with the BAR CHART schedule. Allow at least 7 calendar days for Engineer and City's review. Material represented by such shall not be fabricated, delivered to the site or incorporated into any Work without such review. Certificates shall clearly identify the material being certified and shall include but not be limited to providing the following information: Contractor's name, Project name, name of the item, manufacturer's name, and reference to the appropriate drawing, Technical Specification section and paragraph number all as applicable. All catalogues, data and certificates submitted by the Contractor shall be certified and dated by the Contractor on the face of each catalogue, data and certificate to be correct and shall be furnished in accordance with these requirements and the requirements of the Technical Specifications. 16.36 Construction Schedule. Within ten (10) calendar days after the date of the City's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the City a BAR CHART construction schedule in graphically depicting the activities contemplated to occur as a necessary incident to performance of the Work required to complete the Project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The City's initial approval for the purposes of this Section, and any other provisions in the Agreement Documents related to the Contractor's responsibility to prepare and submit schedules shall be limited to a determination that the activities, durations and logic are reasonable. The construction schedule shall be complete in all respects, covering, in addition to activities and interfaces with other Contractors at the site of the Work, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow or precedence type diagramming. The construction schedule activities shall mirror the payment application breakdown. 16.36.1 The construction schedule shall include the following: (a) Brief description of each activity. (b) All submittals, samples, approvals, fabrication, and deliveries for equipment and materials. (c) Activities showing scheduled start and finish, late start and finish, and float. (d) Relations between activities. (e) Duration of activities. No activity should be scheduled for more than 19 workdays. (f) Contractual and other major milestones including phasing. (g) Schedule activities to include labor and material. (h) An allowance for delays due to weather. Agreement Time extensions for weather delays will be granted only when all of the conditions and criteria for evaluation of time 19 extensions have been met pursuant to the General Conditions. (i) Upon acceptance of the original Schedule, the Early Start and Early Finish dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions to the schedule must be submitted in writing and approved by the City. (j) The detailed BAR CHART schedule submittal shall include one (1) digital color copy and one (1) color copy of the following: (k) Time Scaled Network Diagram. (l) Bar Chart in the following formats: (m) Sorted by activity. (n) Sorted by total float. (o) Sorted by early start. (p) Precedence and Successor report. (q) Narrative report. (r) Computer diskette. (One copy) (s) Submittals shall be organized under Standard CSI format. (t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with an updated CD accompanied by an Application for Payment. Contractor shall meet with the City and Engineer of Record to review and verify: i. Actual start and finish dates for completed activities. ii. Remaining duration required to complete each activity started, scheduled to start, but not completed. iii. Logic and time, for change orders that are to be incorporated into the diagram and computer produced schedules. iv. Percentage for completed and partially completed activities. 16.37 Following development and submittal of the construction schedule as aforesaid, the Contractor shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the Project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed in contrast with the planned progress of performance of such Work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. 16.38 The Contractor shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules: A. Subcontractor Construction (Sub-networks) - Upon the award of each subcontract, the Contractor shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the Specifications, taking into account the Work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show 20 pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules. B. Occupancy Schedule - The Contractor shall jointly develop with the Engineer and City a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to City occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception through final City occupancy. 16.39 The Contractor shall submit a written narrative report as a part of his monthly review and update in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed. 16.40 The Contractor shall have in its employ for the length of this Project, at least one qualified scheduling specialist whose responsibility as to this Agreement will be to prepare, plan and draft the construction schedules, monitor the construction progress, analyze scheduling problems for resolution, update the Construction Schedule as required in the Agreement, and maintain updated information as required regarding the interface with other contracts. The costs associated herewith, and all scheduling activities, are included in the Lump Sum. 16.41 The Contractor agrees that whenever it becomes apparent from the current progress review meeting or the computer produced calendar dated schedule that the Agreement completion date will not be met, the Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: A. Increase construction manpower in such quantities and crafts as necessary to eliminate the backlog of Work. B. Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of Work. C. Reschedule the Work in conformance with the specification requirements. 16.42 Prior to proceeding with any of the above actions, the Contractor shall notify the City of the proposed schedule changes. Such actions shall be incorporated by the Contractor into the diagram before the next update, at no additional cost. 21 16.43 Responsibility For Work Security Contractor shall, at its expense, at all times conduct all operations under the Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss, theft or damage to its property, at a minimum. Contractor shall continuously inspect all its Work, materials, equipment and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such condition. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to City within three days of each incident. 16.44 Protection Of Work In Progress, Materials And Equipment Contractor shall be responsible for and shall bear any and all risk of loss or damage to Work in progress, all materials delivered to the site, and all materials and equipment involved in the Work until completion and final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materials to the structure and construction site shall be protected so that upon completion, the entire Work will be delivered to the City in proper, whole and unblemished condition. 16.45 Protection Of Existing Property Contractor shall so conduct its operations as not to damage, close, or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its expense, make such repairs and provide temporary guards, lights and other signals as necessary or required for safety and the welfare of persons on the jobsite and the general public. 16.46 Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verify that means and methods of construction used inside, adjacent to, under or over existing buildings will not cause damage. The Contractor shall provide protection methods which ensure the safety of persons on the jobsite and the general public. Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by City. Thereafter, and before it begins such Work, Contractor shall give due notice to City of its intention to start such Work. Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference, or delay cause by any such line, ditch or structure on or adjacent to the site of the Work. If Contractor has exercised due diligence, such as, but not limited to, conducting soft digs, securing utility locates, as well as other activities both during its Pre-Con performance and thereafter, Contractor shall not be held responsible for any damages caused to any lines, cables, pipes, or pipelines which are not depicted on the surveys, studies, reports, investigations and legal descriptions of the site supplied to the Contractor. 22 Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not reasonably interfere with the performance of this Agreement. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 16.47 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, if requested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement. Work assignments and the settlement of jurisdictional disputes shall conform with either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including, but not limited to, starting and quitting time, smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures, and daily clean-up. The Contractor and subcontractors shall be bound by and comply with all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and discrimination. All work necessary to be performed after regular working hours, on Saturdays, legal and City holidays, shall be performed without additional expense to the City. The Contractor shall comply with the Copeland Anti-Kick Back Act (19 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 16.48 Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 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. 23 (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. (c) The Contractor will send to each labor union or representatives of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs A through F in every subcontract or purchase unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (h) All regulations, guidelines, and standards lawfully adopted under the governing statutes. 16.49 Safety & Protection Of Persons & Property 16.49.1 Responsibility For Safety And Health. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to be performed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the City and Users 24 who may be affected thereby. The Contractor shall set forth in writing its safety precautions and programs in connection with the Work and submit the same to the City. The City may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 16.49.2 All Work, whether performed by the Contractor, its Sub- Contractors or Sub-subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended and all State, Local, City and County rules and regulations now or hereafter in effect; and (b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 16.49.3 Should the Contractor fail to provide a safe area for the performance of the Work or any portion thereof, the City shall have the right, but not the obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be borne by the Contractor. 16.49.4 The Contractor shall provide, or cause to be provided, to each worker on the Job Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Job Site who fails or refuses to use the same. The City shall have the right, but not the obligation, to order the Contractor to send a worker home for the day or to discharge a worker for his or her failure to comply with safe practices, with which order the Contractor shall promptly comply. 16.49.5 The Contractor shall defend, indemnify and hold the City, the City's Representative and their respective officers, directors, agents, employees and assigns, harmless from and against any and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, reasonable attorneys' fees, expenses, causes of action, claims or judgments to the extent resulting from any failure of the Contractor, its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with the provisions of this General Condition 16.49.6 In any and all claims against those indemnified hereunder by any employee of the Contractor, any subcontractor or sub-subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or type of 25 damage, compensation or benefits payable by or for the Contractor or any subcontractor or sub-subcontractor under any workers' compensation acts, disability benefit acts or other employee benefit acts. 16.50 Protection Of Work And Property; Responsibility For Loss. The Contractor shall, throughout the performance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatever cause, shall protect the property of the City and third parties from loss or damage from whatever cause arising out of the performance of the Agreement and shall comply with the requirements of the City and its insurance carriers and with all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage to the property. The City, their representatives or insurance carriers may, but shall not be required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and security programs. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and the City shall not assume, nor shall it be deemed to have assumed, any responsibility otherwise imposed upon the Contractor by this Agreement. Until final acceptance of the Work by the City the Contractor shall have full and complete charge and care of and, except as otherwise provided in this subparagraph or elsewhere in this Agreement, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof from any cause within Contractor’s reasonable control, except to the extent caused by City, its representatives, or contractors, or caused by natural disaster, criminal activity, flood, fire, or that is covered by any property or builder’s risk insurance carried by the City. 16.51 Surface And Subsurface Water. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations or under or in the structures. Should such conditions develop or be encountered, the water or other fluid shall be controlled and suitably disposed of by means of temporary pumps, piping, drainage lines and ditches, dams or other methods approved by the City in writing. The proposed location and coordination of temporary channels and conduits conducting accumulated water from the Job Site shall be permitted by the proper regulatory agency and submitted to the City for its prior written approval. All such Work shall be done at the sole expense of the Contractor. 16.52 Emergencies. In any emergency affecting the safety of persons or property, or in the event of a claimed violation of any federal or state safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take whatever action it deems reasonably necessary, including, but not limited to, suspending the Work. The City may offset any and all costs or expenses of whatever nature, including reasonable attorneys' fees, paid or incurred by the City in taking such emergency action against any sums then or thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmless against any and all costs or expenses pursuant to this Section, by whomsoever incurred. 16.53 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce standards, and to change the same from time to time, for the protection of persons and property, with which the Contractor shall comply, and to review the efficacy of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these rights by the City 26 shall not relieve the Contractor of its duties and responsibilities under this Agreement, and the City shall not thereby assume, nor be deemed to have assumed, any such duties or responsibilities of the Contractor. 16.54 Project Site Protection Contractor, at its expense, shall maintain such protection as provided in the subsection 16.49, entitled “Safety & Protection Of Persons & Property” in a satisfactory condition until removal is authorized by City. Contractor, at its expense, shall make all necessary repairs to property damaged by construction operations. Repairs shall be made in a manner satisfactory to City. The Contractor will provide parking for its employees within the designated work areas. Contractor employees will not be allowed to park in areas which are used by any facilities which remain in operation. 16.55 Fire Prevention Contractor shall, at its expense, conform to all Federal, State, and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the Project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. All tarpaulins used for any purpose during construction of any Work shall be made of material resistant to fire, water and weather and shall bear UL labels. Lighting of any fires on premises is strictly forbidden. Controlled burning shall be with the consent of the City. Contractor shall provide portable fire extinguishers properly labeled, located and compatible with the hazard of each work area and shall instruct its personnel in their use. Wherever welding and burning are conducted, inflammable materials shall be protected and a fire watch shall be provided by Contractor to be present during the burning and welding operation to ensure that protective measures are taken and that no fires result from such operation. The fire watch shall have fire extinguisher equipment readily available and know-how for proper use. 16.56 Illumination. When any work is performed at night or where daylight is shut off or obscured, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on efficiently, satisfactorily and safely, and to permit thorough inspection. During such time periods the access to the place of work shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in a first-class manner, securely fastened in place at all points, and shall be kept as far as possible from telephone wires, signal wires, and wires used for firing blasts. 16.57 Dust Control. The Contractor, for the duration of the Agreement, shall, at its expense, maintain all excavations embankments, haul roads, access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry-accepted methods of dust control suitable for the area involved and approved by City will be permitted. 16.58Water Pollution. Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substance or materials into any stream, river, lake or other body of water which may pollute the water or constitute substances or materials deleterious to fish and wildlife. 27 16.59Air Pollution. The Contractor shall, at its expense, so perform its work as not to discharge into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation of the laws, rules and regulations of all Federal, State and local air and water pollution requirements including, but not limited to: Registering with the Dania Beach County Health Department, Air Pollution Board, any equipment requiring operating permits by said Board; Adhering to all Broward County Air Pollution Board Regulations. 16.60Explosives & Hazardous Materials. Contractor shall obtain all required Federal, State and local permits and licenses and shall be responsible for the safe and proper handling, labeling, transporting, storage and use of any explosive or hazardous materials brought onto or encountered within the site, and at its expense, make good any damage caused by its handling, transporting, storage and use. The Contractor will notify the City immediately if explosive or hazardous materials are encountered on the site. Transporting explosive or hazardous materials onto the site will require prior written approval from the City. The Contractor shall maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course of his work. In the event that hazardous material is improperly handled or stored by the Contractor, its subcontractors, any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the site, Contractor shall immediately notify the City and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Further, Contractor shall indemnify and hold harmless from any and all cost, expense, action, or liability whatsoever resulting from such contamination and/or remedial activities. If without negligence on the part of the Contractor or anyone for whom it is responsible, Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing the Work as required by the Agreement Documents, the City shall pay for the directs costs of remediation as approved beforehand by City, in writing, which shall be paid from the Contingency Fund. 16.62Inspection: Rejection Of Materials And Workmanship. All materials and equipment furnished and work performed shall be properly inspected by Contractor, at its expense, and shall at all times be subject to quality surveillance, observations or quality audit by City. Contractor shall provide safe and adequate facilities and all samples, drawings, lists and documents necessary for such quality surveillance, observation or quality audit. For this purpose, City shall be afforded full and free access to the shops, factories or places of business of Contractor and its subcontractors and suppliers for such quality surveillance, observation or quality audit and to determine the status of the Work. If Contractor covers all or any portion of the Work prior to any quality surveillance or test by City, the cost of any necessary uncovering and replacing shall be borne by Contractor. Neither the failure to make such quality surveillance, observance or quality audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of or payment to Contractor for such work, materials or equipment shall prejudice the rights of City thereafter to correct or reject the same as hereinafter provided. 28 If any material, equipment or workmanship is determined by City, either during performance of the Work or on final quality surveillance, or during any applicable warranty period (expressed or implied), to be defective or not complying with the requirements of this Agreement, City shall notify Contractor in writing that such material, equipment or work is rejected and the City reserves the right to withhold payment on any such item. Thereupon, Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same comply strictly with all requirements of the Agreement. 16.63 Testing. Unless otherwise provided in the Agreement, Drawings and Specifications shop testing of materials or work shall be performed by the Contractor and in accordance with the Technical Specifications. Field testing of materials or work shall be performed by City. Should tests in addition to those required by the Specifications be desired by City, Contractor will be advised in reasonable time to permit such testing. Such additional tests will be at City's expense unless such additional tests are required due to Contractor's work or materials having failed any initial test. In this event, such additional (re-test) tests shall be at Contractor's expense. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation as necessary to permit tests to be performed on materials or work in place including reasonable stoppage of work during testing. Contractor shall provide reasonable and accurate notice of when construction activities which require City's testing services are required. Contractor shall be responsible for stand- by and other costs associated with the testing agency if that construction activity is delayed or canceled. 16.64 Progress. Contractor shall give City full information in advance as to its plans for performing each part of the Work. If at any time during the progress of work, Contractor's actual progress is inadequate to meet the requirements of the Agreement, City may so notify Contractor who shall thereupon take such steps as may be necessary to improve its progress. If within a reasonable period as determined by City, Contractor does not improve performance to meet the currently approved Agreement construction schedule, City may require an increase in Contractor's labor force, the number of shifts, overtime operations, additional days of work per week and an increase in the amount of construction plant; all without additional cost to City. Neither such notice by City nor City's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of work and rate of progress required by the Agreement. Failure of Contractor to comply with the reasonable instructions of City may be grounds for determination by City that Contractor is not prosecuting its work with such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof, in accordance with the applicable provisions of this Agreement. 16.65 Changes City may, at any time, without invalidating the Agreement and without notice to the Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written orders to Contractor for any changes, except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contractor for any work required by reason of such emergency. Such orders will be confirmed in writing as soon 29 as practicable. Such orders, whether written or oral, may be accompanied by drawings and data as are necessary to show the extent of such ordered work. Contractor shall commence such changed work so that all dates set forth in Contractor's current construction schedule, as accepted by City, will be met. In the event of an emergency which City determines immediately endangers life or property, Contractor shall immediately commence such changes as required by City in order to mitigate or remove the emergency condition. Failure to commence any such change in timely fashion shall entitle City to invoke the provisions of “Termination for Cause”. Unless otherwise required, Contractor shall, within twenty-one (21) calendar days following receipt of a written Change request from City, submit in writing to City a Agreement Change Proposal for accomplishing such change, which proposal shall reflect the increase or decrease, if any, in cost to City of performing the change under the Agreement in comparison to what the cost would have been, had such change not been offered. 17. Liquidated Damages 17.1 Liquidated Damages will be assessed as stated in the Agreement for each non- compliant day that any requirements listed in this section 17 are not met. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by City as a result of Contractor’s failure to timely complete all Work required by the date set forth above. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject to liquidated damages, but not as penalty, in the amount of $500.00 per calendar day, as set forth in 23 CFR 635.127, for each and every calendar day the work remains incomplete, or the items remain undelivered. This payment is considered to be City’s liquidated damages, and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion, respectively, are achieved. 17.2 Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 17.3 Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Agreement, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 17.4 Access: As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area 30 for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance. 17.5 Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Agreement for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the Notice to Proceed, City may terminate the Agreement immediately, without providing an opportunity to cure. 18. Audit. As the funding for this project comes from FRDAP, Contractor, by entering into this Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Department to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. 19. Indemnification of City. 19.1 The Contractor shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: (A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor or its Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (B) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Contractor or its Subcontractors in the performance of the work; (C) liens and claims made by the Contractor or its Subcontractors; and 31 19.2 Indemnification for Construction Contracts. In the event that the performance of services under the Agreement is deemed to be a “construction Agreement” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the City, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Agreement Documents. safety 20. Environmental Matters. 20.1 Defined Terms for Purposes of this Section. Environmental Condition means any set of physical circumstances in, on, under, or affecting the Property that may constitute a threat to or endangerment of health, safety, property, or the environment, including but not limited to: (A) The presence of any hazardous Substance, except in such quantities and concentrations as are routinely found in nature or in products used in ordinary business or commercial activities; (B) Any underground storage tanks, as defined in Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts; (C) Any PCB, asbestos or any other substances specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations issued thereunder; and (D) Any open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law equivalent, or the regulations issued thereunder. Environmental Laws means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C. 2701 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq.; the Refuse Act of 1989, 33 U.S.C. 407; the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., as such laws have been amended or supplemented from time to time, the regulations promulgated under these laws; and any analogous Governmental Requirements. Environmental Requirements means all present and future Governmental Requirements, including without limitation, the Environmental Laws, authorizations, judgments, decrees, concessions, grants, orders, agreements or other restrictions or requirements relating to any Environmental Conditions or any Hazardous Substances on the Property. 32 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. 20.2 Corrective Action Work means any and all activities of removal, response, investigation, testing, analysis, remediation taken to: (A) Prevent, abate or correct an existing or threatened Environmental Condition at, about, affecting, or affected by the Property; or (B) Comply with all applicable Environmental Requirements. 20.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense, to defend (with counsel selected by Contractor, after consulting with the City), indemnify and hold harmless the City, its successors, and assigns from and against any and all Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 33 20.4 This indemnity includes, without limitation, indemnification against: all costs of removal, response, investigation, or remediation of any kind; all costs of disposal of such Hazardous Substances as necessary to comply with Environmental Laws; all costs associated with any Corrective Action Work; all costs associated with claims for damages to persons, property, or natural resources; any loss from diminution in the value of the Property; and the City’s Attorneys’ Fees, consultants’ fees, court costs and expenses incurred in connection with any Environmental Claims brought against the City. (A) Contractor’s indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date of the Property Agreement. (B) This indemnification is to be interpreted as broadly as possible and is in addition to all other rights of the City under this Agreement. (C) Payments by Contractor under the Environmental Indemnification will not reduce Contractor’s obligations and liabilities under any other provision of this Agreement. (D) Neither the Contractor nor the general contractor, nor any other contractor in privity with Contractor, has a duty to indemnify the City in connection with any Environmental Claims that are due to the negligent conduct of the City or its agents. (E) Compliance. Contractor agrees to comply with all existing and future federal, state, county, and municipal environmental laws, administrative code provisions, ordinances, rules and regulations, and the requirements of any development order covering the Property issued pursuant to Chapter 380, Florida Statutes, all as may be amended. 21. Insurance Requirements. The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Article. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work until all Coverages required 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. All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. 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 providing 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. Coverages shall be in force until all Work required to be performed under the terms of the Agreement 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 34 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 SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, 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 CONTRACT OR ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONTRACTOR DELAY. 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. 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. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • The City of Dania Beach, Florida” is to be added as a named “Additional Insured”; • Annual Aggregate shall apply “Per Job” • Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years • Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (-7 04); • Contractor’s Insurance shall be primary and non-contributory • Waiver of Subrogation in favor of the City • 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); • Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. WORKERS’ COMPENSATION INSURANCE shall be maintained by Contractor and any Subcontractors during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 35 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A, and Employers’ Liability Part B with limits of $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. 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. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and • Waiver of Subrogation. 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. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): A) “The City of Dania Beach” is added as a named “Additional Insured”; B) 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and C) Waiver of Subrogation. 22. Assignment of Agreement. The Contractor acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other Contractors (the “Supporting Contractors”). The Contractor agrees to use its best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Contractors is delayed, such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore, the Contractor shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or 36 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 Supporting Contractors, Contractor shall not be required to accelerate its services where delays have resulted from Supporting Contractors, unless the City agrees to compensate Contractor for such accelerated efforts. 23. Public Records Law. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Contractor will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 24. Retention Of Records And Right To Access 24.1 The Contractor shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of five (5) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained by the City until resolution of audit finding. The Contractor shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 24.2 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 37 24.3 Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 24.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement. 24.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 25. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: ELORA RIERA CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov 26. No Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 27. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds for the City to find the Contractor in material default, and that sufficient cause exists to terminate the Agreement for cause, and to withhold payment or any part thereof until the cause or causes giving rise to the default has/have been eliminated by the Contractor and approved by the City. If a finding of default is made by the City, the Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents 38 unless and until the City terminates the Agreement. Upon a finding of default, the City shall set a reasonable time, but in no event in excess of seven (7) calendar days after written notice from City detailing the default, within which the Contractor and its Surety shall eliminate the cause or causes of default. When the basis for finding of default no longer exists, the City shall notify the Contractor and its Surety, in writing, that the default has been corrected, and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the City, without further notice to Contractor or its Surety, may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time limits herein conflict with those set forth in the Performance Bond, the time limits in this section shall take precedence. 28. Termination Or Suspension Of Agreement 28.1 Termination By The Contractor: A. The Contractor may terminate the Agreement for non-payment (except for those provisions in this agreement that specifically provide for withholding payment), failure to certify payment, delays of greater than 120 days not caused by Contractor, other material breaches by the City, and if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the Work under the Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction, and 2. an act of government, such as a declaration of national emergency, making material unavailable. B. If one of the above reasons exists, the Contractor may, upon five (5) additional days’ written notice to the City, terminate the Agreement and recover from the City payment for Work performed. 28.2 Termination By The City For Cause: (A) The City may terminate the Agreement if the Contractor: (1) persistently or repeatedly refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time pursuant to the terms of the Agreement; (2) fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including City; (3) commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively on the City, including but not limited to the company of its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; 39 (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 40 (12) Failure to maintain the insurance required by this Agreement. 28.3 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. 28.4 If, after Notice of Termination or Suspension of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 28.5Termination By The City For Convenience: The Agreement may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Contractor and the Contractor’s surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Contractor shall be paid for all acceptable work performed prior to termination and shall not be entitled to any other costs, fees or payments. City may, at its option and convenience, terminate the Agreement, in whole or in part, at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the termination, including, without limiting the generality thereof, loss of anticipated profits on Work not performed on account thereof, home office overhead, lost bonding capacity, and consequential damages. As the sole 41 right and remedy of Contractor, City shall pay Contractor in accordance with Subparagraphs below; provided, however, that those provisions of the Agreement, which by their very nature survive final acceptance under the Agreement, shall remain in full force and effect after such termination (a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise; (b) Immediately discontinue work on the date and to the extent specified in the notice. (c) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated; (d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to City of all orders and subcontracts to the extent they relate to the performance of work terminated; (e) If requested by the City in writing, assign to the City, all right, title and interest of the Contractor under the subcontracts terminated. Such Assignment shall not include assumption of Contractor's obligations or liabilities under any subcontract. The City shall have the right (but not the obligation) to assume the Contractor's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City and the subcontractor in which the City expressly acknowledges an assumption of Contractor's obligations, and then only to the extent specified. In no event will the City assume any obligation of the Contractor under the subcontracts that arise out of or relate to Contractor's default prior to such assignment; (f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City; (g) Assist City, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and, (h) Complete performance of any work that is not terminated. (i) Upon any such termination, City will pay to Contractor an amount determined in accordance with the following (without duplication of any item): (j) All amounts due and not previously paid to Contractor for work completed in accordance with the Agreement prior to such notice, and for work thereafter completed as specified in such notice. (k) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders. (l) The verifiable costs incurred prior to notice of termination. 42 (m) Any other reasonable costs which can be verified to be incidental to such termination of Work, including demobilization costs. (n) In the case of such termination for City's convenience, Contractor shall be entitled to receive payment for Work actually executed, and verifiable costs incurred by reason of such termination, along with an amount not to exceed ten (10) percent for profit and overhead on such verifiable costs incurred. (o) The City's Termination for Convenience shall be without waiver or prejudice to, all of the City's claims, rights and remedies arising out of or related to any default, breach of Agreement, damages or other claims the City may have against Contractor, or Contractor's subcontractors, material suppliers of any tier, or any other person or entity at the time of termination or arising thereafter. (p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and acknowledges and agrees to the foregoing limitation on Contractor's claims or damages arising out of, or relating to, a termination for convenience by the City. (q) Contractor shall submit within 30 calendar days after receipt of notice of Termination, for Convenience, a written proposal for payment, including all incurred costs and other entitlements described herein. City shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Agreement shall be amended in writing accordingly. 29. Suspension By The City For Cause The City may order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance Coverage required by the Agreement Documents. Any delay in the Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agreement and Agreement Documents concerning Contractor delay. 30. Suspension By The City For Convenience (A) The City may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension, provided the suspension delays the critical path of the Work. (B) If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the Agreement Sum for increases in the cost of performance of the Agreement resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however, that no adjustment will be made to the extent: (1) that performance is, was, or would have been so suspended delayed, or interrupted by another cause for which Contractor is responsible; (2) that Contractor fails to adequately document the cost increase; 43 (3) that the Contractor would have incurred the cost increase regardless of the suspension, delay, or interruption, or (4) that an equitable adjustment is made or denied under another provision of the Agreement or Agreement Documents. 31. Termination for Cause If the Contractor fails to provide the services or shall in any other manner commit a breach of the agreement and fails to remedy the same within 30 calendar days after receipt of written notice from the City, the City may terminate the agreement, without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 31A. Receipt Of Notice Of Termination Or Suspension Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Agreement or Agreement Documents, whether completed or in process. Upon receipt of any such written notice, Contractor shall, unless the notice requires otherwise: (a) immediately discontinue work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City, of all orders, subcontracts and rental agreements to the extent they relate to performance of work suspended; (d) continue to protect and maintain the Work including those portions on which work has been suspended, and (e) take any other reasonable steps to minimize costs associated with such suspension. In addition to all amounts that would otherwise be due for Work performed prior to the suspension, as compensation for such suspension, Contractor will be reimbursed for the following verifiable costs (without profit) and without duplication of any item, to the extent that such costs directly result from such suspension of work: (a) standby charge to be paid to Contractor during the period of suspension of work which standby charge shall be sufficient to compensate Contractor for keeping, to the extent required in the notice, its organization and equipment committed to the Work in a standby status; 44 (b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and (c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion of the Work upon which work has been suspended. 32. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Contractor (and any Subcontractor) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved rights, including copyright; however, such documents are not intended or represented by Contractor to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Contractor for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Contractor or to any Subcontractors. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 33. Force Majeure. Under any and all provisions of this Agreement, neither the City nor Contractor, as the case may be, will be considered in breach of or in default of any of their respective non-monetary and monetary obligations under the Agreement as a result of an unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot, war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns due to government restrictions, utility company delays, or other similar causes beyond the commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 34. Remedies Cumulative. Waiver. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, are intended to be cumulative and concurrent. The exercise by either party of any one or more of its remedies will not preclude the exercise by a party, at the same or different times, of any other remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. The waiver by a party of any default or Event of Default under this Agreement will not extend to or affect any other existing or subsequent Event of Default, or impair any rights, powers, or remedies of a party in connection with any other default or Event of Default. A party’s delay or omission in exercising any right, power or remedy will not be construed as a waiver of any default or Event of Default or constitute acquiescence to the default. 35. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving 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: 45 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: Bore Tech Utilities & Maintenance, Inc. 19025 SW 194 Avenue Miami, Florida 33187 36. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 37. Bankruptcy. It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion. 38. Dispute Resolution 38.1 Claims And Disputes A. The responsibility to substantiate a Claim shall rest with the party making the Claim. All Claims must be made in writing and addressed to the City and the Contractor. B. Process for Resolving a Claim. The Contractor shall review the Claim and make a recommendation to the City. The City shall render a final decision regarding the Claim. A decision by the City shall be required as a condition precedent to litigation of a Claim between the Contractor and City as to all such matters arising prior to the date final payment is due, regardless of: 1) whether such matters relate to execution and progress of the Work; or 2) the extent to which the Work has been completed. C. Time Limits on Claims. Claims by the Contractor must be made within thirty (30) days after occurrence of the event giving rise to such Claim or within thirty (30) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims by the Contractor or its respective subcontractors must be made by written notice to the City. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 46 D. Continuing Agreement Performance. Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Agreement and the City shall continue to make payments in accordance with the Agreement Documents. E. Claims for Concealed or Unknown Conditions. If conditions are encountered at the Project site which are: 1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement Documents; or 2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist in the locale of the Project site and generally not recognized as inherent in construction activities of the character provided for in the Agreement Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Contractor shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall recommend to the Consultant, with the City’s approval, an equitable adjustment in the Agreement Sum, Agreement Time, or both. If the Consultant determines that the conditions at the Project site are not materially different from those indicated in the Agreement Documents and that no change in the terms of the Agreement is justified, the Consultant shall so notify the City and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Consultant has given notice of the decision. If the Consultant and Contractor cannot agree on an adjustment in the Agreement Sum or Agreement Time, the adjustment shall be referred to the City for final determination. F. Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Agreement Sum, written notice as provided in these Conditions shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. If the Consultant believes additional cost is involved for reasons including but not limited to: 1) a written interpretation from the Contractor; 2) an order by the City to stop the Work where the Contractor was not at fault; 3) a written order for a minor change in the Work issued by the Contractor; 4) failure of payment by the City; 5) termination of the Agreement by the City; or 6) City's suspension of Work, then the Claim shall be filed in accordance with the procedure established in this Agreement. G. Claims for Additional Time. 1. If the Contractor wishes to make Claim for an increase in the Agreement Time, written notice as provided in these Conditions shall be given. The Contractor's Claim shall include an estimate of cost and a probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. 47 2. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. H. Injury or Damage to Person or Property. If either party to the Agreement suffers injury or damage to person or property because of an act or omission of the other party, or any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance of the injury or damage. The notice shall provide sufficient detail to enable the other party to investigate the matter. 38.2 Resolution Of Claims And Disputes A. The Contractor shall review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: 1) request additional supporting data from the claimant: 2) submit a schedule to the parties indicating when the Contractor expects to take action; or 3) suggest a compromise. The Consultant may, at the City’s direction, notify the surety, if any, of the nature and amount of the Claim. The Contractor shall notify the City or the Claimant. The City shall make the final determination of whether to pay or dispute the Contractor’s Claim. B. If a Claim has been resolved, the Contractor shall prepare or obtain appropriate documentation. C. If a Claim has not been resolved, the party making the Claim shall, within ten days (10) after the Contractor preliminary response, take one or more of the following actions: 1) submit additional supporting data requested by the Contractor; 2) modify the initial Claim; or 3) notify the Contractor that the initial Claim remains valid. D. The Contractor shall notify the parties in writing of the City's decision within seven days of receipt of: 1) additional supporting data; 2) a request to modify the initial Claim; or 3) that the initial Claim stands and the City’s decision shall be final and binding on the parties but subject to review by a court of competent jurisdiction. The Contractor shall prepare or obtain appropriate documentation regarding the Claim. If there is a surety and there appears to be a possibility of a Contractor's default, the Contractor may, at the City’s direction, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 48 38.3 All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, the breach of it, the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. 39. Venue; Fees. 39.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. To be clear, should mediation fail, all claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida. IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY JURY OF ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 39.2 Operations During Dispute. In the event that a dispute arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 40. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. 41. Prevailing Party’s Attorneys’ Fees. If either party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including without limitation, its Attorneys’ Fees. 42. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 43. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 44. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 49 45. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 46. Independent Contractors. Contractor, any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 47. The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any Agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any Agreement, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City’s written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 48. Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Contractor and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. 49. Contractor shall comply with all federal, state and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act (“ADA”) eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Contractor is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Contractor’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 50 50. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Further, any prior Agreement related to the services is rescinded and replaced by this Agreement. 51. Contractor agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement. 52. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: A. Claims based upon any alleged breach by the City of implied warranties for representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; B. Claims based upon negligence or any tort arising out of this Agreement; C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; D. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 53. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 51 54. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 55. Verification of Employment Eligibility. Contractor represents that Contractor and each Subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 56. Successors And Assigns. The City and the Contractor each binds itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Agreement. Contractor shall not assign, transfer, convey or otherwise hypothecate the Agreement or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor acknowledges that the City has entered into this Agreement with Contractor after a comprehensive competitive award process, and evaluation of Contractor's particular qualifications and skills to perform the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion. 57. Time is of the Essence. Time is of the essence in the performance of all obligations of each party under this Agreement. 58. No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances whatsoever as creating or establishing the relationship of co-partners or creating or establishing the relationship of a joint venture between the City and Contractor, or as constituting Contractor as the agent or representative of the City for any purpose or in any manner whatsoever. 59. Recording; Documentary Stamps. A memorandum of this Agreement, in the form attached as Exhibit H, will be recorded by the City in the Public Records of Broward County, Florida. The cost of recording, and the cost of any required documentary stamps, will be paid in full by the City. The parties will cooperate in structuring the transactions contemplated by this Agreement to reduce such costs, provided the structure does not have any adverse consequence for the City. 60. Governing Law. This Agreement will be governed by the laws of the State of Florida. This Agreement is subject to and must comply with the Charter and City Code of the City of Dania 52 Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue for any disputes arising out of this Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward County, Florida. 61. Third Party Beneficiaries. Neither Contractor nor City intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 62. Negotiated Agreement. Both parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 63. Incorporation by Reference. The truth and accuracy of each "Recital" clause set forth above is acknowledged by the parties. The attached Exhibits to this Agreement are incorporated into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement. 64. Conflicts of Interest: City Representatives not Individually Liable. No elected official, representative, or employee of the City has any personal interest, direct or indirect, in this Agreement. No elected official, representative or employee will participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she has an interest, directly or indirectly. No elected official, representative or employee of the City will be personally liable to Contractor or any successor in interest for any amount which may become due to Contractor, for any obligations of City under the Agreement, or in the event of any default or breach by the City. 65. Section. Section headings are for convenience only and do not affect the interpretation of this Agreement. 66. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument. This Agreement is effective only after execution and delivery by the parties. 67. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. 53 68. Amendments. No amendment to this Agreement is binding on either party unless in writing and signed by both parties. The City is not obligated to spend any money or undertake any obligation in connection with an amendment proposed by Contractor. If Contractor requests an amendment to the Agreement or any other action by City, Contractor must reimburse City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attorneys). Before the City takes action regarding any request, Contractor must deposit with the City the estimated amount of third-party costs, as reasonably determined by the City. 69. Holidays. The parties agree that whenever a notice or performance due under the Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or performance will be postponed to the next following business day. 70. Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. 71. Survival. A termination of the Agreement will not release Contractor from its obligation to indemnify City for any acts which occurred prior to the termination of the Agreement, unless otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities that have accrued prior to the date of termination or expiration, unless relieved of such obligation or liability by action of a court or rule of law. SIGNATURES ON THE FOLLOWING PAGES 54 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 55 CONTRACTOR: WITNESSES: Bore Tech Utilities & Maintenance, Inc. 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 ____________________________. 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 DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III CITY INVITATION TO BID (“ITB”) NO. 25-019 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Friday, July 18, 2025 DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 2 Table of Contents 1. NOTICE TO BIDDERS 2. GENERAL TERMS & CONDITIONS 3. SPECIAL CONDITIONS 4. SCOPE OF WORK 5. BID FORM 6. BIDDER SUBMISSIONS Attachments: A - CODB Holiday Lights Ph3B_Bid Plans_7-15-25 B - CODB Holiday Lights Ph3B_01012 - Measurement and Payment C - DRAFT Construction Agreement D - PERFORMANCE_BOND E - PAYMENT_BOND DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 3 1. NOTICE TO BIDDERS CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III" 25-019 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III, 25-019”. Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Monday, August 11, 2025, at 10:00 am. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/183568. Bids must be submitted electronically on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system. All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening date. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. A bid bond of 5% of the bid price is required for this project. Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date referenced above using RingCentral meeting software, in the presence of the City Clerk or designee on the above stated date. Award of a contract will be made at a subsequent City Commission meeting All bidders are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude, scope and value as this project. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 4 The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City, as Owner. CITY OF DANIA BEACH, FLORIDA Published on: Friday, July 18, 2025 DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 5 2. GENERAL TERMS & CONDITIONS 2.1 NO BIDS OR PROPOSALS If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason. 2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL A. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the solicitation may result in rejection of the bid or proposal. B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or submitting proposals on any future bids or proposals for work, for goods, or for services for the City. 2.3 GENERAL CONDITIONS A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. The successful Bidder shall provide a Performance Bond for One Hundred percent (100%) of the contract price made payable to the City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the agreement. A copy of the Performance Bond form can be found in the attachments; it is made a part of and is incorporated into the ITB by this reference. B. Documentation: Bidder shall submit in its bid the following: 1. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations; 2. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and 3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this reference. C. Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 6 or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB. D. No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract. E. Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City’s request. F. General Conditions: The agreement to be awarded will be subject to the provisions of the United States Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach. 2.4 SPECIAL CONDITIONS A. Any and all Special Conditions contained in the solicitation that may be in variance or conflict with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. B. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the solicitation and the awarded agreement. 2.5 PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who, or which has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference. 2.6 PRICES, TERMS ARE TO BE FIRM A. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the solicitation opening. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 7 B. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. C. The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City’s sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors. 2.7 PROTECTION OF PROPERTY A. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding. B. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 2.8 TRASH Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 2.9 INSTRUCTIONS TO BIDDERS Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 8 2.11 NON-COLLUSION STATEMENT By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is incorporated into the solicitation by this reference. 2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the solicitation, for questions of a material nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or Offeror. 2.13 PUBLIC RECORDS A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in confidence unless otherwise required by law. B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply: 1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. 2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City. 3. Response to Public Records Requests: Upon request from the City custodian of public records, Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 9 4. Delivery of Records: Upon completion of the contract or in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder or Offeror shall be delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all records are received as provided in this solicitation. 5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes: IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Elora Riera, City Clerk Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 Telephone number: 954-924-6800, Ext. 3623 Email: eriera@daniabeachfl.gov 2.14 SUCCESSORS AND ASSIGNS The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 2.15 QUALIFICATION OF BIDDERS OR OFFERORS A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be rejected by the City for any one or more of the following reasons: DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 10 1. Reason to believe that collusion exists among the Bidders or Offerors. 2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal. D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be “non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid or Proposal, as determined by the Owner. If the Bidder or Offeror makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a Bid or Proposal may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to, submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract Documents. 2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract Documents. 2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 11 2.17 EMPLOYEES OF THE CONTRACTOR A. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 2.18 AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. 2.19 LICENSES, PERMITS, AND FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: A. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). B. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 12 2.20 TERMINATION OF AGREEMENT If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 2.21 TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such default and termination, any completed services performed by the Contractor under the agreement shall, at the option of the City become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due to the City from the Contractor can be determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days’ written notice, without cause. 2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; 2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work; 3. liens, claims, actions made by the Contractor or other party performing the work; and 4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 13 B. Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: 1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. 2.23 INSURANCE REQUIREMENTS BIDDER and their subcontractors, to the extent reasonably applicable to their respective scope of work, provided that, BIDDER shall be responsible for any uninsured claims subject to the limitation of liability hereunder and to the extent directly attributable to City’s failure to require such coverage, shall procure and maintain for the duration of the term of the Agreement, insurance coverage compliant with the requirements set forth in this Section, together with any additional insurance required by applicable federal, state, or local laws and regulations, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the BIDDER, its agents, representatives, employees, or subcontractors. If BIDDER maintains broader coverage and/or higher limits than the minimums shown below for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the BIDDER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City. I. Commercial General Liability Limits of Liability (Minimum) • Bodily Injury & Property Damage Liability • Each Occurrence $1,000,000 • Policy Aggregate $2,000,000 • Personal & Advertising Injury $1,000,000 • Products & Completed Operations $1,000,000 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 DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 14 • “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.” II. Business Automobile Liability 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 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 III. Workers’ Compensation / Employers’ Liability A. Workers Compensation Limits: Statutory - State of Florida • Waiver of Subrogation in favor of City, if available B. Employers Liability Limits: • $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 limit Workers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 15 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: A. any employee, subcontractor or subcontractor employee that 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. If exception is authorized, Proof of State of Florida Exemption is required for each person providing work under this agreement. Written confirmation/Exemption Form is required for businesses exempt from obtaining Worker’s Compensation coverage. IV. 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. 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. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 16 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. Notices/ Certificate Holder: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Email: Wayne Fletcher 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. 2.24 SAFETY A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. B. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 2.25 WARRANTY The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 17 free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 2.26 RESPONSIBLE BIDDER OR OFFEROR No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record. 2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are further notified that the City's governing body may not give preference to a Bidder or Offeror based on the Bidder's or Offeror's social, political, or ideological interests. 2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD The City shall have the right to investigate the financial condition and experience record of the Bidder or Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested services in the solicitation. 2.29 SOLICITATION PROTEST PROCEDURE A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager’s Office. B. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 18 C. The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. D. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. 2.30 LITIGATION A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder or Offeror. C. A contract with the successful Bidder or Offeror will include the following: GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. D. All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 19 enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees. 2.31 CONTRACT AWARD AND EXECUTION A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or proposals it receives by total amount in accordance with the terms of the advertisement. The City will verify all bidders or offerors have properly submitted and executed all required solicitation documents and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of all bids or proposals to the engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate, to the City Commission. B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances: 1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) 2. where obvious unbalancing of unit prices has occurred, or 3. where competition is considered to be inadequate relative to the size, type, and location of the project. C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process. D. Contract Award and Execution: The City will enter into a contract with the lowest priced and the most responsive and responsible bidder. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any time. All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. 2.32 CONE OF SILENCE A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or Invitation to Bid (“ITB”), between: 1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and: DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 20 2. a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Selection Committee. Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation. Exceptions to Applicability: The provisions of this section shall not apply to: 1. Oral communications at pre-bid or pre-proposal conferences; 2. Oral presentations before the Selection Committee; 3. Public presentations made to the City Commission members during any duly noticed public meeting; 4. Communications in writing at any time with any City employee, unless specifically prohibited by the solicitation. The Bidder or Offeror shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; 5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated as responsible for administering the procurement process for the solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; 6. Communications with the City Attorney and his staff; 7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation during the time period between the opening of Bids or Proposals and the time the City Manager makes a written recommendation; 8. Any emergency procurement of goods or services pursuant to City Code; 9. Responses to the City’s request for clarification or additional information; 10. Contract negotiations during any duly noticed public meeting; 11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 21 or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting. Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this solicitation, violation of any provision of this section by a City employee may subject the employee to disciplinary action. Please contact the City Attorney for any questions concerning “Cone of Silence” compliance. 2.33 ADDITIONAL GENERAL CONDITIONS A. Liquidated Damages: Liquidated Damages will be assessed as stated in the contract for each non- compliant day that any requirements listed in this section are not met. 1. Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 2. Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 3. Access: As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 22 City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance. B. Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure. The Contractor shall achieve Substantial Completion not later than ninety (90) calendar days and Final Completion of the entire Work not later than one hundred twenty (120) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to adjustments of this Contract Time as provided in the Contract Documents. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 23 3. SPECIAL CONDITIONS 3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the project’s Q&A in the portal by Monday, August 4, 2025 at 12:00 pm. Questions received after this time will not be addressed. B. For information pertaining to this ITB, Bidders shall submit questions to the portal. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum. C. Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. D. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City for this Project. E. Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. F. Bidders shall use the Bid Document Forms furnished in the ITB. G. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. H. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents and the Agreement upon award to the successful Bidder. 3.2 BID SECURITY A. Bid Security: Simultaneously with the delivery of an executed Bid to the Owner, the Bidder shall furnish to the Owner a Bid Security in the amount of 5% of the proposed pricing as security for the faithful execution of an Agreement with the Owner in the event of a bid award by the City Commission. B. Bid security may be in the form of a cashier's check payable to the City of Dania Beach and drawn on a Florida bank, or a Bid Bond (see attachments) issued by a surety meeting the qualifications stated in these Instructions to Bidders. Cashier’s checks must be received by the Procurement Division before the bid submission deadline at the address noted on the title page. Bonds shall be submitted on the forms provided by the Owner. Bonds shall be returned subsequent to award of the Agreement by the City Commission and execution by the successful Bidder and the appropriate City officials. If the Bidder fails to submit the required executed agreement within fourteen (14) calendar days after an award, the Bidder agrees that the City may retain the bid security deposit as the City’s liquidated damages. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 24 C. Failure of the successful Bidder to execute an Agreement, to furnish Performance and Payment Bonds when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Bid shall be just cause for the rescission of the agreement award and the retention of the Bid Security deposit by the Owner. Such retention shall be considered not as a penalty, but as liquidation of the claims of the Owner for damages it sustained, which are not otherwise readily ascertainable. Award may then be made to the next ranked Bidder, or all Bids may be rejected. 3.3 FLORIDA TRENCH SAFETY ACT The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable trench safety standards. 3.4 QUALIFICATION OF BIDDERS A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: 1. Reason to believe that collusion exists among the Bidders. 2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s office shall determine the timeliness of the Bid. D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 25 The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid, as determined by the Owner. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. 2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. 3.5 BILLING PROCEDURE The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 26 3.6 PROGRESS PAYMENTS The Contractor may requisition payments for work completed during the project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with properly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in the Contractor's current and previous applications for payment and any other supporting documentation as may be required by the City or Contract Documents. The City shall make payment to the Contractor within thirty (30) calendar days after approval of the Contractor's requisition for payment. Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally completed as specified and accepted by the City. The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective work not remedied. B. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. C. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor. D. Damage to another Contractor not remedied. E. Liability for liquidated damages that has been incurred by the Contractor. F. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. G. Reasonable evidence that the work will not be completed within the Contract Time. H. Persistent failure to carry out the work in accordance with the Contract Documents. When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 27 4. SCOPE OF WORK 4.1 SCOPE A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified Contractors (the “Contractor”), for a project known as “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III”. The scope of work for Phase 3B includes construction activities across two (2) medians located along Dania Beach Boulevard, specifically consisting of the 7th and 8th medians east of US-1. These medians are combined and are situated south of Seamen Street at 601 E Dania Beach Boulevard. The 7th median was previously approved under FDOT permit number 2022-H-491-00275.The project includes the installation of pedestal service panels, conduits, wiring, and receptacles on the pedestals. All construction and installation work must adhere strictly to the FDOT 2023-2024 Design Manual and applicable guidelines.The contractor shall be fully responsible for restoring all disturbed areas during construction, including but not limited to sidewalks, fences, landscaping, and roadways. Shop drawings must be submitted to illustrate the proposed routing and installation details for the directional bore, which is conceptually shown in the contract documents. Bidders must include any anticipated changes related to HDPE conduit routing, trenching, additional conduit lengths, etc., within their proposal.As an alternate method, contractors may elect to use directional boring within the medians for conduit installation in lieu of trenching, provided all work remains compliant with the design intent and FDOT standards B. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project. C. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so. D. Bids will be considered if submitted by qualified Contractors who or which have experience, including similar previous work in the provision of the requested services. Contractors offering full service will receive the highest consideration. E. Applicants should include the following items in the submitted Bid: 1. Letter of Transmittal; 2. Anticipated time line to begin delivery of services; 3. A breakdown of the costs for the delivery of services described above. 4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the role of each person within the company. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 28 5. NOTE: The City expects those personnel listed to be those who will be actually performing the Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the City’s representative or designee who is in charge of the Project. 6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS) and it includes the following information: a. Name of each entity for which the work was performed; b. Brief description of the scope of work; c. Amount of initial contract award; and d. Name of contact person and contact information with the entity who can knowledgeably discuss your company’s performance. 7. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and 8. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor’s qualifications. 9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITB, taking into consideration experience, staffing, equipment, materials, references and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties. 10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which offered the next lowest, responsive and responsible bid in the opinion of the City. THE CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. 4.2 Purpose The purpose of this project is to complete Phase III of Holiday Lighting Power initiative by installing underground electrical utility infrastructure through directional boring. 4.3 General Scope of Work Installation of underground electrical utility infrastructure through directional boring in order to support the operation of holiday lighting displays in designated public areas, (medians on Dania Beach Blvd). The selected contractor will be responsible for all labor, equipment, materials, permitting, and coordination necessary to perform the work. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 29 5. BID FORM Line Item Description Quantity Unit of Measure Unit Cost Total 1 Lump Sum for the total work as outlined. 1 Lump Sum TOTAL Line Item Description Quantity Unit of Measure Unit Cost Total 2 Permitting Allowance 1 Lump Sum $10,000.00 3 Undefined Contingency Allowance 1 Lump Sum $50,000.00 TOTAL DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 30 6. BIDDER SUBMISSIONS 1 BIDDER QUALIFICATIONS Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. 1.1 Authorized representative contact information?* Please include the name, title, phone and email of the authorized representative *Response required 1.2 Entity type?* ☐ Corporation ☐ Partnership ☐ Individual ☐ Other (specify below) *Response required 1.3 If you selected other please specify: 1.4 If you selected corporation please enter date of incorporation and state in which incorporated: 1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State ☐ Please confirm 1.6 Please include the name and title of Principal Officers and the date they were elected:* *Response required 1.7 How many years has your organization been in business?* Enter years *Response required 1.8 The length of time (continuous) in business in Florida:* Enter years *Response required 1.9 Please upload a copy of a county or municipal Business Tax Receipt* *Response required 1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the role of each person within the company* *Response required 1.11 Have you ever failed to complete any work awarded to you?* ☐ Yes DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 31 ☐ No *Response required When equals "Yes" 1.11.1 If yes, please explain below* *Response required 1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement?* ☐ Yes ☐ No *Response required When equals "Yes" 1.12.1 If yes, please explain below* *Response required 1.13 Within the last five years, have you ever had a performance, payment or bid bond called?* ☐ Yes ☐ No *Response required When equals "Yes" 1.13.1 If yes, please explain below* *Response required 1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City?* ☐ Yes ☐ No *Response required When equals "Yes" 1.14.1 If yes, please explain below* *Response required 1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity?* ☐ Yes ☐ No *Response required DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 32 When equals "Yes" 1.15.1 If yes, please explain below* *Response required 1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000?* ☐ Yes ☐ No *Response required When equals "Yes" 1.16.1 If yes, please explain below* *Response required 1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.17.1 If yes, please explain below* *Response required 1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.18.1 If yes, please explain below* *Response required 1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office?* ☐ Yes ☐ No *Response required When equals "Yes" DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 33 1.19.1 If yes, please explain below* *Response required 1.20 Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity?* ☐ Yes ☐ No *Response required When equals "Yes" 1.20.1 If yes, please explain below* *Response required 1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office.* ☐ Yes ☐ No *Response required When equals "Yes" 1.21.1 If yes, please explain below* *Response required 1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest?* ☐ Yes ☐ No *Response required When equals "Yes" 1.22.1 If yes, please explain below* *Response required 2 Commercial/Government References Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years 2.1 Reference 1* Please include: DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 34 Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.2 Reference 2* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.3 Reference 3* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.4 Reference 4* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 35 2.5 Reference 5* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 3 BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 3.1 List below all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily.* *Response required 3.2 Have you personally completed a plan for performance of the work?* *Response required 3.3 Have you ever failed to complete work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 3.3.1 If so, when, where and why?* *Response required 3.4 What equipment do you own that is available for work? 3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties or elsewhere by any other governmental entity?* *Response required 3.6 How many employees (Contractors only) will be assigned to perform the services?* *Response required 3.7 How many supervisors will be assigned to perform the services?* *Response required 3.8 Will personnel be part of a regular crew assigned to perform the services? * ☐ Yes ☐ No *Response required DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 36 3.9 Will you be able to provide service for emergency situations? * ☐ Yes ☐ No *Response required When equals "Yes" 3.9.1 If so, how much notice is required?* *Response required 3.10 What equipment do you own that is available to complete the Project?* EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. *Response required 3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have. 4 REQUIRED FORMS 4.1 Will you be utilizing Surety2000 Bid Bond verification?* Select no if uploading your bid bond ☐ Yes ☐ No *Response required When equals "Yes" 4.1.1. Surety2000 Bid Bond* Please enter your Bid Bond information from Surety2000 below. *Response required When equals "No" 4.1.2 Bid Security* Please download the below documents, complete, and upload. • BID_BOND.pdf *Response required 4.2 DRUG-FREE WORKPLACE CERTIFICATION* Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 37 A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). D. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above. ☐ Please confirm *Response required 4.3 Affidavit of Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Anti-Human_Trafficking_Exhi... *Response required 4.4 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes* Please download the below documents, complete, and upload. • Public_Entity_Crimes_Statem... *Response required 4.5 Non-Collusion Affidavit* Please download the below documents, complete, and upload. DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE III Invitation To Bid (“ITB”) No. 25-019 38 *Response required 4.6 Independence Affidavit* Please download the below documents, complete, and upload. • Independence_Affidavit.pdf *Response required 4.7 Performance Bond* Please download the below documents, complete, and upload. • PERFORMANCE_BOND.pdf *Response required 4.8 Payment Bond* Please download the below documents, complete, and upload. PR O J E C T N o : 19 - 2 7 7 7 PHASE 3B NOTES: N S W E OVERALL PROJECT LOCATION CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) Scale: NTS OVERALL LOCATION MAP NUMBER PERMITCGA INITIALSSUBMITTED DATEPERMITTING AGENCIES DATE APPROVED CURRENT REV No.: ---- - ----SHEET: DATE:NONODATEREVISIONBY REVISIONDATE BY 6/26/2025 G0 R KNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.comFOR BIDDING CITY OFFICIALS MAYOR:JOYCE L. DAVIS VICE-MAYOR:MARCO A. SALVINO, SR COMMISSIONERS:LUIS RIMOLI LORI LEWELLEN A.J. RYAN IV CITY MANAGER:ANA M. GARCIA CITY OFFICIALS 1- 9 5 FE D E R A L H W Y STIRLING RD GRIFFIN RD DANIA BEACH BLVD DANIA BEACH, FLORIDA FDOT STANDARD PLANS INDEX 522-001 - CONCRETE SIDEWALK INDEX 635-001 - PULL AND SPLICE BOX E4 Sheet List Table Sheet Number Sheet Title G0 COVER SHEET G1 SIGNATURE SHEET G2 CIVIL DETAILS G3 CIVIL DETAILS K1 KEY MAP E1 ELECTRICAL NOTES AND DETAILS E2 ELECTRICAL NOTES AND UTILITY LEGEND E3 ELECTRICAL PLAN - EXHIBIT M 601 E DANIA BEACH BLVD E4 ELECTRICAL RISERS AND DETAILS SE 2 N D A V E NE 1 S T C T SIGNATURE SHEET FOR BIDDING R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY G1AS SHOWN 19-27776/26/2025 ELECTRICAL PLANS THE ABOVE NAMED PROFESSIONAL ENGINEER SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH THE RULE 61G15-23.004, F.A.C. JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. HEIDI BELLE HENDERSON, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 72304. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY HEIDI BELLE HENDERSON, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Heid i B e l l e Hender s o n L I C ENSE NO. 72304 P R O F ESSIONA L E N G INEER .. FLORID A STATE OF . Jo r g e R . Cervant e sLICENSE NO. 45832 P R O F ESSIONA L E N G INEER .. FLORID A STATE OF . CALVIN, GIORDANO ASSOCIATES, INC. 1800 ELLER DRIVE, SUITE 600 FORT LAUDERDALE, FLORIDA 33316 954-921-7781 CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA CIVIL PLANS THE ABOVE NAMED PROFESSIONAL ENGINEER SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH THE RULE 61G15-23.004, F.A.C. CALVIN, GIORDANO ASSOCIATES, INC. 1800 ELLER DRIVE, SUITE 600 FORT LAUDERDALE, FLORIDA 33316 954-921-7781 Sheet List Table Sheet Number Sheet Title Sheet List Table Sheet Number Sheet Title Scale: NTS FDOT ROW ASPHALT ROADWAY SECTION CIVIL DETAILS CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA FOR BIDDING HEIDI BELLE HENDERSON, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 72304. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY HEIDI BELLE HENDERSON, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY G2AS SHOWN 19-27776/26/2025 Scale: NTS PIPE TRENCH IN SATISFACTORY SOILS NOTES: NOTES: Scale: NTS CITY ROADWAY SECTION CIVIL DETAILS FOR BIDDING HEIDI BELLE HENDERSON, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 72304. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY HEIDI BELLE HENDERSON, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY G3AS SHOWN 19-27776/26/2025 PLAN ELEVATION SECTION SIDEWALK JOINTS SIDEWALK JOINTS Scale: NTS CONCRETE SIDEWALK Scale: NTS CONNECTION TO EXISTING PAVEMENT CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA Scale: NTS 4" BOLLARD Scale: NTS PEDESTAL WITH BOLLARD NOTE: KEY MAP FOR BIDDING JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY K1AS SHOWN 19-27776/26/2025 SCALE: NTS E. DANIA BEACH BLVD CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA GU L F S T R E A M R D EXHIBIT M- SHEET E4 SEA VIEW AT DANIA SE 5 T H A V E WE I N E R S M H P WE I N E R S M H P ELECTRICAL NOTES AND DETAILS FOR BIDDING JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY E1AS SHOWN 19-27776/26/2025 ELECTRICAL TRENCH DETAIL SCALE: N.T.S. SUBMERSIBLE CONNECTORS DETAIL SCALE: N.T.S. CABLE TO GROUND ROD DETAIL SCALE: N.T.S. PULL BOX DETAIL SCALE: N.T.S. CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA RESET TEST FOLLOW I N S T R U C T I O N S SUIVE Z I N S T R U C T I O N S TEST M O N T H L Y TEST M E N S U E L TEST RESET ELECTRICAL NOTES AND UTILITY LEGEND FOR BIDDING JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY E2AS SHOWN 19-27776/26/2025 CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA UTILITY LINE TYPE LEGEND MEDIAN OUTLET DETAIL SCALE: N.T.S. FRONT ELEVATION SIDE ELEVATION (N.I.C.) (N.I.C.): NOT IN CONTRACT LINE TYPE LEGEND NOTES: ELECTRICAL PLAN - EXHIBIT M 601 E DANIA BEACH BLVD FOR BIDDING JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY E3AS SHOWN 19-27776/26/2025 Scale: 1" = 40' PLAN CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA Scale: NTS PROFILE M (LOOKING WEST) ( IN FEET ) GRAPHIC SCALE Scale: NTS PROFILE M (LOOKING NORTH) W E S N LOOKING NORTH OUTLET LOCATION LOOKING NORTH OUTLET AND PANEL LOCATION NOTES: 3-POINT LATCHING GASKETED DOORS 12" COMMERCIAL PEDESTAL SLIM LINE 63 INCH TALL SECTION C-C NOTE: SECTION A GROUND TEST WELL A ELECTRICAL RISERS AND DETAILS FOR BIDDING JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW ALWAYS CALL 811BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE: SCALE PROJECT No SHEET: NONODATEREVISIONBY REVISIONDATE BY E4AS SHOWN 19-27776/26/2025 Scale: NTS ELECTRICAL SERVICE PEDESTAL DETAILS Scale: NTS TYPICAL ELECTRICAL RISER DIAGRAM CITY HOLIDAY LIGHTING PROJECT (HOLIDAY LIGHTS IN MEDIAN) PHASE 3B DANIA BEACH, FLORIDA Scale: NTS GROUND TEST WELL NOTE: NOTE: 9 / 1 0 / 2 0 2 4 1: 3 8 : 5 9 P M R E V I S I O N DESCRIPTION: REVISION LAST ofSTANDARD PLANS FY 2025-26 SHEETINDEX Back of Sidewalk Variations A (Signal Pole or Controller Base. Ex.) A A A A (Utility Pole, Ex.) A A A A (Signal Pole or Controller Base. Ex.) A (Utility Pole, Ex.) A A A Curb or Curb And Gutter G G Curb or Curb And Gutter A See Index 522-002 For Joints PT PT See Index 522-002 for Joints A G A A PT A A Drainage Inlet Drainage Inlet A Strip Utility Sidewalk Sidewalk Clear Width 9" 9 " 45° Sidewalk G 515-062, 515-070 or 515-080) Railing (See Index 515-052, Return Curb Return Curb Rigid Structure Rigid Structure 5'5'5'5'5'5'5'5'5'ƀ"ƀ" ƀ"5'5'5'5'5'5'5'5'5'5'ƀ" 4 " 4 " 21522-001CONCRETE SIDEWALK11/01/18 FDOTSTORMSEWER GENERAL NOTES AND CONCRETE SIDEWALK ON CURBED ROADWAYS PLAN SIDEWALK WITHOUT UTILITY STRIP A A PLAN B B SIDEWALK WITH UTILITY STRIP LEGEND: 4" Thick Sidewalk 6" Thick Sidewalk Utility Strip (Full Return Shown) Driveway or Side Road (Partial Return Shown) Driveway or Side Road Driveway Driveway GENERAL NOTES: LEGEND: G- Cold Joint With Bond Breaker, Tooled the Engineer. locations when called for in the plans or at locations as directed by " Expansion Joint When Run Of Sidewalk Exceeds 120'. Intermediate 21F- Joint(s) Required When Length Exceeds 30' " Deep (within 12 hours) Max. 30' Centers21" Saw Cut Joints, 1163E- " Deep (within 96 hours) Max. 5' Centers21" Saw Cut Joints, 1163D- " Formed Open Joints81C- " Dummy Joints, Tooled81B- (e.g. drainage inlets and utility poles). driveways, sidewalk-intersections, and all other fixed objects " Expansion Joints (Preformed Joint Filler) between the sidewalk and; 21A- Railing or Pipe Guiderail shown in the plans. (See RAILING DETAIL) 5. Construct sidewalks with Edge Beam through the limits of any surface mounted Pedestrian/Bicycle ".21 having a thickness of not less than 6 mils and not more than 4. Bond breaker material can be any impermeable coated or sheet membrane or preformed material 3. For Driveways see Index 522-003. 2. Include detectable warnings on sidewalk curb ramps in accordance with Index 522-002. thickness as shown, unless otherwise detailed in the Plans. Curb Ramps Located within Curb Returns (See Plan View). Install all other concrete with 1. Construct sidewalks in accordance with Specification 522. Use 6" concrete for Sidewalks and 0.02 Max.0.02 Max. 0.02 Max. Varies SECTION A-A (5' or 6' Std., 4' Min) Varies Based on Railing Used SECTION B-B RAILING DETAIL VariesVaries OPEN JOINTS LONGITUDINAL SECTION SAWED JOINTS 120' Max. 30' Max.30' Max.30' Max. A D D D D D E D D F D D A A B C B C B C B C B A 120' Max. SIDEWALK JOINTS 9 / 1 0 / 2 0 2 4 1: 3 9 : 0 7 P M R E V I S I O N DESCRIPTION: REVISION LAST ofSTANDARD PLANS FY 2025-26 SHEETINDEX Edge of Travel Way Shoulder Line Shoulder Line Edge of Travel Way Warning Surface 2' Detectable Warning Surface 2' Detectable Sidewalk Flexible Pavt. Rigid Pavt. Flexible Pavt. Rigid Pavt. 5'5'5'5' 4 " 5'5'5'5'5'5'5'5'5'5'5'5'5'"21 "21 6 " 5'5'5'5'5'5'5' 30' Max. "21 "21 5'5'5'5'5'5'5'5'5'5'5'5'5' 4 " 4 " 4 " "21 "2130' Max. 6 " Graded Driveway 22522-001 CONCRETE SIDEWALK 11/01/18 CONTINUOUS SIDEWALK DISCONTINUOUS SIDEWALK PLAN C C Border PLAN Driveway Side Road C C Border Driveway Side Road LEGEND: 4" Thick Sidewalk CONCRETE SIDEWALK ON FLUSH SHOULDER ROADWAYS LEGEND: the Engineer. locations when called for in the plans or at locations as directed by " Expansion Joint When Run Of Sidewalk Exceeds 120'. Intermediate 21F- Joint(s) Required When Length Exceeds 30' " Deep (within 12 hours) Max. 30' Centers2 1" Saw Cut Joints, 116 3E- " Deep (within 96 hours) Max. 5' Centers21" Saw Cut Joints, 1163D- " Formed Open Joints81C- " Dummy Joints, Tooled81B- (e.g. drainage inlets and utility poles). driveways, sidewalk-intersections, and all other fixed objects " Expansion Joints (Preformed Joint Filler) between the sidewalk and 21A- SECTION C-C 0.02 Max. Varies D D D D D E D 30' Max. A D D D D D E D D F D D A D D E D D A B C B C A B C B C B C B C B A B C B C A M i n . LONGITUDINAL SECTION OPEN JOINTS SIDEWALK JOINTS SAWED JOINTS M i n . 30' Max. 120' Max.30' Max.30' Max.120' Max. Graded Driveway 9 / 1 0 / 2 0 2 4 2: 1 6 : 1 1 P M R E V I S I O N DESCRIPTION: REVISION LAST ofSTANDARD PLANS FY 2025-26 SHEETINDEX 1'-0"1'-0"Varies 6 " 6 " (As Required) Connection Approved Ground For Drainage Or Crushed Stone 12" Bed Of Pearock For Drainage Or Crushed Stone 12" Bed Of Pearock 6 " 6 " V a r i e s (As Required) Connection Approved Ground Locate Wire Locate Wire (As Shown In Plans) Conduit 1'-0" 1 ' - 0 " (As Required) Secondary Conduit (As Required) Ground Rod Concrete Apron (As Shown In Plans) Conduit (As Required) Ground Rod (As Required) Secondary Conduit Locate Wire (Typ.) Concrete Apron 1 ' - 0 " 1'-0" V a r i e s In Plans) (As Shown 2" Conduit Varies V a r i e s Finished Grade 1'-0"Varies1'-0" Finished Grade V a r i e s In Plans) (As Shown 2" Conduit Varies Ground Rod (As Required)Ground Rod (As Required) 6" Min.6" Min. Pull Box-50' Min. Stored Fiber. Splice Box-200' Min. Stored Fiber. NOTES: 4. Rectangular boxes shown, others similar. 3. Where multiple pull boxes are placed side by side, maintain at least 8" between the pull boxes. 2. Install a 1'-0" wide (Min.) concrete apron around all boxes using Class NS concrete. Slope the apron away from the box. 1. Provide fiber optic splice boxes with cable hanger racks designed to support cables and splice enclosures. 11635-001 PULL AND SPLICE BOXES 11/01/18 ~~ PULL BOXPULL BOX FIBER OPTIC BOX PLAN ELEVATION PLAN ELEVATION 07/2024 01012-1 19-2777 SECTION 01012 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 DESCRIPTION A. This Section includes administrative and procedural requirements for determining payment for Work completed and ready for payment under the Unit Price Contract where the Unit Price Bid Form is utilized in the Applications for Payment. 1.02 RELATED SECTIONS A. Bid Form 1.03 REFERENCES A. Manual on Uniform Traffic Control Devices (MUTCD) B. FDOT Standard Specification for Road and Bridge Construction (Standard Specifications) C. FDOT Design Standards for Design, Construction, Maintenance and Utility Operations in the State Highway System (Standard Indexes) D. Broward County Traffic Engineering Division Standards 1.04 GENERAL REQUIREMENTS A. Prices shall include all costs required for the completed, in-place construction of the specified unit of Work. This may include but not be limited to, materials and delivery; cost of installation; incidentals; labor including social security, insurance, and other required fringe benefits; workman's compensation insurance; bond premiums; rental of equipment and machinery; taxes; testing; surveys; incidental expenses; and supervision. B. Installation, acceptance, and payment shall be in accordance with the References. C. The Owner reserves the right to reject the Contractor's measurement of completed Work that involves use of established unit prices, and to have this Work measured by an independent surveyor acceptable to the Contractor at the Owner's expense. D. Contract Sum adjustments will be by Change Order on basis of net accumulative change for each unit price category. 1. Except as otherwise specified, unit prices shall apply to both deductive and additive variations of quantities. 07/2024 01012-2 19-2777 2. Lump sum and unit prices in the Agreement shall remain in effect until date of final completion of the entire Work. E. Partial payment for material and equipment properly stored and protected will be made in accordance with requirements of the Contract. F. Abbreviations: 1. Acre – AC 2. Allowance – AL 3. Cubic Yard – CY 4. Each – EA 5. Furnish and Install – F&I 6. Gallons – GA 7. Gross Mile – GM 8. Linear Feet – LF 9. Lump Sum – LS 10. Million Gallons – MG 11. Net Mile – NM 12. Square Foot – SF 13. Square Yard – SY 14. Ton – TN 1.05 MEASUREMENT AND PAYMENT A. Payment shall constitute full compensation and will be made as indicated in the Contract. B. The quantity approved for payment shall be either: 1. Percentage of the Lump Sum Price - A percentage of the Lump Sum Price equivalent to the percentage of the project completion as determined by the Engineer as of the date of the pay request submitted. The percent completion of the project shall be based on the percent of the total project actually constructed and not on the percent of the Contract price completed. 2. Measured Quantities - The actual quantities in-place and accepted as measured by the Engineer on the date of the pay request submitted in the units specified in the Bid form or in the approved Schedule of Values. 1.06 PROTECTION A. Where pavement, pipes, valves, appurtenances, trees, shrubbery, fences, other property or structures are in proximity to the Work, adequate protection shall be provided. Such protection is considered incidental to construction and shall not be assigned to any pay item. 07/2024 01012-3 19-2777 1.07 RESTORATION A. Where pavement, pipes, valves, structures, appurtenances, trees, shrubbery, fences, other property or structures not designated as pay items, have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. Such restoration is considered incidental to construction and shall not be assigned to any pay item. 1.08 EXPLORATORY EXCAVATIONS A. The Contractor shall verify the exact locations and depths of all utilities shown and shall conduct exploratory excavations of all utilities that may interfere with the Work. All such exploratory excavations shall be performed as soon as practicable after award of the Contract and, in any event, sufficient time in advance of construction to avoid possible delays to the Contractor's work. When such exploratory excavations show the utility location as shown to be in error, the Contractor shall so notify the Engineer. The cost for conducting these excavations shall be considered incidental to construction. 1.09 TESTING, SURVEY, AND RECORD DRAWINGS A. All survey layout and record drawings shall be considered incidental to the cost of construction and shall include all calculations and field work required, in order to establish all horizontal and vertical controls, set all stakes needed, such as grade stakes, offset stakes, reference point stakes, slopes stakes, and other reference marks or points necessary to provide lines and grades for construction and as-builting of all roadway, utility construction, and miscellaneous items. B. All testing shall be considered incidental to the cost of construction and shall include all field testing and laboratory work including reports as required by the Drawings and specifications and by agencies having jurisdiction over the project. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION 3.01 EXHIBIT M CONSTRUCTION COST – BID ITEM NO. 1.01 A. Price and payment shall include all backfilling, compacting, and placing all items into service. Price and payment will be full compensation for all materials and work and testing associated to complete all site and electrical work as intended based on the bid documents / plans including dewatering, temporary bracing of existing adjacent structures, fittings, couplings, painting, priming, coating, lining, deflections under existing utilities, excavation, filter fabric, backfilling, and compaction, and disposal of surplus materials and existing underground utility locations. Price and payment shall include restraining the pipe as required. Price and payment will be full 07/2024 01012-4 19-2777 compensation for all work, including hauling of all items to the new location as necessary; any cleaning that might be required. This includes all work to complete the project as intended. Prices and payment include the complete restoration of the surface disturbed by the construction, including but not limited to pavement restoration, sidewalk restoration, base restoration, sub-grade restoration, curb restoration, pavement marking and signage restoration, swale restoration, driveways restoration, landscape (including trees, sod, shrubs, bushes, etc.) restoration, fences, and brick paver restoration, etc. B. Price shall also include the cost of labor, equipment, and material to demuck or remove and properly dispose of any unsuitable soils, such as organics, and to import and install clean fill. C. Attention is drawn to the proximity of known contamination sites within one half mile of the project as recorded by Broward County. Should the Contractor deem that dewatering is necessary, the Contractor is required to obtain a dewatering permit from Broward County and South Florida Water Management District and shall adhere to any required groundwater well monitoring, sampling, cofferdams, or any other applicable permit conditions. D. The city has the right to award as little or as many different areas as they want. E. The contractor shall provide shop drawings for the routing and installation of the directional bore per the intent of the bid documents / plans. Directional bore locations shown on the bid documents / plans are conceptual only. The contractor shall include on the bid any anticipated changes required for the routing of the HDPE, boring, trenching, additional conduit length, additional pull boxes, etc. F. It is the responsibility of the Contractor to reconstruct to existing conditions or better and the reconstruction shall meet the current city, county, state standards, whichever is most stringent. G. General Requirements 1. Payment shall be made as a percentage of the Lump Sum Price. 2. The Lump Sum Price shall include the cost of bonds, insurance, licenses, and all administrative costs not specifically identified in other bid items. 3. The Lump Sum Price shall exclude the cost of construction material and installation. 4. The Lump Sum Price shall not exceed ten percent (10%) of the contract price. H. Mobilization and Demobilization 1. Payment shall be made as a percentage of the Lump Sum Price. 2. The Lump Sum Price shall include compensation for all labor, materials, equipment and all other incidentals required for all temporary facilities, transportation, communications, office, maintenance, project signs, and any other pre- or post-construction expenses necessary for the start or cessation of the Work, not specifically identified in the costs of the Work. 07/2024 01012-5 19-2777 3. The Lump Sum Price shall exclude the cost of construction material and installation. 4. No further payment shall be made for remobilization unless all the Work is suspended by the Owner for a period in excess of three months and through no fault to the Contractor. 5. The Lump Sum Price shall not exceed five percent (5%) of the contract price. I. Stormwater Pollution Prevention 1. Payment shall be made as a percentage of the Lump Sum Price. 2. The Lump Sum Price shall include full compensation for all equipment, materials, supplies, and labor necessary to prepare, obtain permit approval from Florida Department of Environmental Protection, Florida Department of Transportation, (FDOT), and Broward County (BC) and implement the prevention, control, and abatement of erosion and water pollution. Work shall include but not be limited to mulching, sand bagging, slope drains, sediment basins, berms, synthetic hay bales, silt fences and staked turbidity barriers, rock bags, filter fabric, artificial coverings and other items relating to the construction/removal and routine maintenance, including mowing, or the prevention, control and abatement of erosion and water pollution plan. J. Maintenance of Traffic 1. Payment shall be made as a percentage of the Lump Sum Price. 2. The Lump Sum Price shall include compensation for required labor, materials, all necessary temporary pavement markings and signing for vehicles and pedestrians, temporary pavement, temporary business signage, professional fees, and equipment necessary to provide traffic control for two-way traffic at all times in accordance with the plans and specifications. 3. MOT permits and approvals from the applicable regulatory agencies, including but not limited to FDOT, Broward County, and the City of Dania Beach (Right-of-Way permits, building permits, and Public Services approval after the Right-of-Way and building approvals), are the responsibility of the Contractor and shall be obtained prior to the start of construction. The contractor is responsible for preparing and submitting all required documentation including, but not limited to applications, surveys, design plans, MOT plans, cost estimates, etc. All MOT plans are to be signed and sealed by a Florida Registered Engineer holding a current FDOT MOT certificate. 4. The contractor is responsible to request approval from the city in writing for all road and lane closures. The city requires 3-weeks advanced notice for all road closures and 2-weeks advanced notice for all lane closures. The contractor is responsible to verify lead times with FDOT and Broward County and will be responsible to meet those lead times as identified per each permitting agency. 5. No additional fees will be approved for delays due to MOT approval. This fee is all inclusive with respect to all aspects of MOT. 6. The contractor is required to provide variable message signs (VMS) for the 07/2024 01012-6 19-2777 required MOT. 7. MOT shall include both vehicular and pedestrian requirements. 8. Temporary pavement markings and signage shall be provided wherever existing has been damaged, removed, or is no longer visible. The temporary shall be maintained until final markings are installed after asphalt resurfacing. 3.02 PERMITTING ALLOWANCE – BID ITEM NO. 1.02 A. The contractor should include a $10,000 as an overall permitting allowance for the exhibit locations; however, the contractor will only be reimbursed for the permit fee amount per City of Dania Beach Community Development’s “Schedule of Permit Fees for Construction”. B. Payment will be based on the actual permit, license or fee paid directly to the agency, documented by paid receipts, specifically excluding any labor, mark-up, overhead and profit, administration and other costs involved in obtaining permits or licenses or paying fees. C. No additional fees will be approved for delays due to permitting. This fee is all inclusive with respect to all aspects of permitting. D. The Contractor is responsible for submitting all required documentation to obtain all required permits, including, but not limited to applications, surveys, design plans, MOT plans, cost estimates, etc. E. The Contractor is required to obtain all necessary regulatory agency permits other than those provided by the Owner or the Engineer. F. The Contractor is required to submit to the city for all required Right-of-Way permits and building permits that are required due to the proposed scope of work. Please note once the permits are obtained a pre-construction meeting with Public Services is required prior to the start of construction. In addition, please estimate a minimum lead time of one (1) month for coordination with Public Services and all other municipalities after all permits (city and outside agencies) are received and prior to construction. G. The Contractor is required to closeout all permits pertaining to this project. H. The Contractor is required to complete record drawings of all work completed for the city’s records. A record drawing is considered the approved permitted plans with the as-built information stated on the plans. I. The Contractor shall submit the record drawings to the city for review and approval prior to the request of any final inspection. J. The Contractor is responsible to meet all permit conditions. 07/2024 01012-7 19-2777 K. Fees specifically excluded from this allowance, include, but are not limited to reinspection fees, expired permit fees, stand by time, etc. Only permit fees substantiated by the Contractor and approved by the Owner and Engineer will be paid as part of this Item. Any balance in this bid item at the end of the project shall be credited back to the Owner. 3.03 UNDEFINED CONTINGENCY ALLOWANCE – BID ITEM NO. 1.03 A. Payment will be based on the unforeseen or undefined items that come up during construction. The Contractor is responsible for documenting and obtaining approval prior to submitting request for payment for any item herein. No permit fees substantiated by the Contractor and approved by the Owner and Engineer will be paid as part of this Item. Any balance in this bid item at the end of the project shall be credited back to the Owner. END OF SECTION PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or any other party shall be considered plural where applicable. CONTRACTOR (name and address):SURETY (name and principal place of business): OWNER: City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CONSTRUCTION CONTRACT Date: Amount: Date: Amount: Description (name and location): The Project consists of the ______________________________________ City Bid No. 25- BOND Date (not earlier than Construction Contract Date): Amount: Modifications to this Bond:None _______See Page(s)_______ CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal)(Corporate Seal) Signature Signature Name Name Title Title (Any additional signatures please include at the end of page 5) FLORIDA RESIDENT AGENT Address Telephone 1.DEFINITIONS (A)Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. (B)Construction Contract:The agreement between the Owner and the Contractor identified on the signature page,including all Contract Documents and changes to them. (C)Contractor Default:Failure of the Contractor,which failure has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Construction Contract. (D)Owner Default:Failure of the Owner,which failure has neither been remedied nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms of it. 2.The Contractor and the Surety,jointly and severally bind themselves,their heirs, executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated into this document by this reference. 3.If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except to participate in conferences. 4.If there is no Owner Default,the Surety's obligation under this Bond shall arise after: (A)The Owner has notified the Contractor and the Surety at its address described in paragraph ten (10)below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen (15)calendar days after receipt of such notice to discuss methods of performing the Construction Contract.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,to subsequently declare a Contractor Default;and (B)The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the Contract.Such Contractor Default shall not be declared earlier than twenty (20)calendar days after the Contractor and the Surety have received;and (C)The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a Contractor selected to perform the Construction Contract in accordance with the terms of the Contract with the Owner. 5.When the Owner has satisfied the conditions of paragraph 4,the Surety shall promptly and at the Surety's expense take one of the following actions: (A)Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;or (B)Undertake to perform and complete the Construction Contract itself,through its agents or through independent contractors;or (C)Obtain bids or negotiated Bids from qualified Contractors acceptable to the Owner for a Contract for performance and completion of the Construction Contract,arrange for a Contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified Surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in paragraph six (6)in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default;or (D)Waive its right to perform and complete,arrange for completion,or obtain a new Contractor acceptable to the Owner and with reasonable promptness under the circumstances: 1.After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,tender payment therefor to the Owner;or 2.Deny liability in whole or in part and notify the Owner citing reasons therefor. 6.If the Surety does not proceed as provided in paragraph four (4)with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen (15)calendar days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds,on in part,without further notice,the Owner shall be entitled to enforce any remedy available to the Owner. 7.After the Owner has terminated the Contractor's right to complete the Construction Contract,and if the Surety elects to act,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the amount of this Bond,but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: (A) The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; (B) Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and (C) Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. Liquidated Damages Time is of the essence regarding this Invitation to Bid Construction and the work contemplated hereunder and the City may suffer financial loss and inconvenience if the work is not completed to the satisfaction of the City by the time stipulated in the Contract. 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. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the liquidated damages from any amount due, or that may become due to the awarded Bidder under the Contract, or to invoice the awarded Bidder for such damages if the costs incurred exceed the amount due to the awarded Bidder. The awarded Bidder and the City agree that the amount for liquidated damages is not punitive, and is intended to compensate the City for difficult to quantify losses. 8. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 9. The Surety waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two (2) years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11.Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the first page of this document. 12.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with such statutory or legal requirement shall be deemed deleted from this document and provisions conforming to such statutory or other legal requirement shall be deemed incorporated into it.The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal)(Corporate Seal) Signature Signature Name Name _____________________ Title Title Dated:________________,20___ END OF PERFORMANCE BOND PAYMENT BOND Any singular reference to Contractor, Surety, Owner or any other party shall be considered plural where applicable. CONTRACTOR (name and address):SURETY (name and principal place of business): OWNER: City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CONSTRUCTION CONTRACT Project Name: City’s Bid No.: 25- Date: Amount: BOND Date (not earlier than Construction Contract Date): Amount: Modifications to this Bond: None ________ See Page(s) ______________ CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal)(Corporate Seal) Signature Signature Name Name Title Title (Any additional signatures please include at the end of page 5) FLORIDA RESIDENT AGENT ____________________________________ Address Telephone Facsimile 1.DEFINITIONS (A)Claimant:An individual or entity having a direct Contract with the Contractor or with a Subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Contract.The intent of this Bond shall be to include without limitation in the terms "labor,materials or equipment"that part of water, gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. (B)Construction Contract:The agreement between the Owner and the Contractor identified on the signature page,including all Contract Documents and changes to it. (C)Owner Default:Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms of the Contract. 2.The Contractor and the Surety,jointly and severally bind themselves,their heirs, executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated into this document by this reference. 3.With respect to the Owner,this obligation shall be null and void if the Contractor: (A)Promptly makes payment,directly or indirectly,for all sums due Claimants,and (B)Defends,indemnifies and holds harmless the Owner,its elected officials, employees,agents and Consultant from claims,demands,liens or suits by any person or entity whose claim,demand,lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Work,pursuant to the Construction Contract,provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12)of any claims,demands,liens or suits and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety,and provided there is no Owner Default. 4.With respect to Claimants,this obligation shall be null and void if the Contractor promptly makes payment,directly or indirectly,for all sums due. 5.The Surety shall have no obligation to Claimants under this Bond until: (A)Claimants who are employed by or have a direct Contract with the Contractor have given notice to the Surety (at the address described in paragraph 13)and sent a copy of the notice to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. (B)Claimants who do not have a direct Contract with the Contractor: 1.Have furnished written notice to the Contractor and sent a copy,or notice of it,to the Owner,within ninety (90)days after having last performed labor or last furnished materials or equipment included in the claim stating,with substantial accuracy,the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed;and 2.Have either received a rejection in whole or in part from the Contractor,or not received within thirty (30)days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and 3.Not having been paid within the above thirty (30)days,have sent a written notice to the Surety (at the address described in Paragraph 12)and sent a copy,or notice of it,to the Owner,stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 6.If a notice required by paragraph four (4)is given by the Owner to the Contractor,or to the Surety,that is sufficient compliance. 7.When the Claimant has satisfied the conditions of paragraph 4,the Surety shall promptly and,at the Surety's expense,take the following actions: (A)Send an answer to the Claimant,with a copy to the Owner,within forty-five (45) days after receipt of the claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. (B)Pay or arrange for payment of any undisputed amounts. 8.The Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9.Amounts owed by the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any Construction Performance Bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 11.The Surety waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 12.No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work,part of the work is located,or after the expiration of one (1)year from the date:1)on which the Claimant gave the required notice;or 2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of one (1)or two (2)first occurs.If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13.Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address show on the signature page.Actual receipt of notice by Surety,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with the statutory or legal requirement shall be deemed deleted from this Bond and provisions conforming to such statutory or other legal requirement shall be deemed incorporated into this Bond.The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15.Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal)(Corporate Seal) Signature Signature Name Name Title Title Dated:_____________,20________ END OF PAYMENT BOND City of Dania Beach Parks & Recreation Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: Ranking the top four firms and begin contract negotiations with the top-ranked consultant for RFQ 25-014 entitled "Design Services at Chester Byrd Park". Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the approval rank and begin contract negotiations with the top-ranked consultant for Design Services for RFQ-25-014 for the design of park improvements at Chester Byrd Park, 1021 SW 12th Ave. Background: The City of Dania Beach was awarded $200,000 in grant funding through the Florida Recreation Development Assistance Program (FRDAP) with a $200,000 match in August 2023 for Chester Byrd Park improvements. The first step towards the beginning of the construction improvements of the project is to hire a consultant to assist with the design services. On May 5, 2025, the City issued a Request for Qualifications (RFQ) 25-014 for Chester Byrd Park Improvements. The RFQ closed on June 6, 2025. The Bid Committee, consisting of the Director of Parks and Recreation, the Deputy Director of Parks and Recreation, and the Lead Project Manager of Public Services met on July 16, 2025, to review and evaluate the twelve (12) proposals. The Bid Committee ranked the top four firms based upon their qualifications as follows: 1. Calvin, Giordano & Associates, Inc. 284 points 2. Walter Zackria Associates, PLLC 282 points 3. R.E. Chisholm Architects, Inc. 270 points 4. Kimley-Horn and Associates, Inc. 269 points Budgetary Impact That the funds are available and appropriated in the Grant Fund, in account number 103-72-64- 572-63-10. Recommendation It is recommended that the City Commission adopt the resolution approving the ranking and to begin contract negotiations with the top-ranked consultant for Design Services for RFQ-25-014 for the design of park improvements at Chester Byrd Park, 1021 SW 12th Ave RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO RANK THE FOUR FIRMS THAT RESPONDED TO THE CITY’S REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-014, ENTITLED “DESIGN SERVICES FOR CHESTER BYRD PARK IMPROVEMENT”, FOR DESIGN SERVICES RELATED TO CONSTRUCTION AT CHESTER BYRD PARK, AND TO AUTHORIZE CONTRACT NEGOTIATIONS TO BEGIN WITH THE TOP- RANKED CONSULTANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City was awarded $200,000 in grant funding through the Florida Recreation Development Assistance Program (FRDAP) with a $200,000 match in August 2023 for Chester Byrd Park improvements; and WHEREAS, the City issued a Request for Qualifications under RFQ No. 25-014 on May 5, 2025, to contract with a design consultant for Design Services for park improvements Chester Byrd Park; and WHEREAS, the Parks and Recreation Department received approval for this grant, and the funding is available and appropriated in the Grant Fund, account number; 103-72-64-572-63-10; and WHEREAS, an Evaluation Committee consisting of the City’s Director of Parks and Recreation, the Deputy Director of Parks and Recreation and the Lead Project Manager of Public Services met on July 16, 2025, to review and evaluate twelve (12) submittals; and WHEREAS, responses were opened on June 6, 2025, at 10:00 a.m. from twelve respondents and the Evaluation Committee selected the four highest ranked design firms based on their qualifications as follows: 1. Calvin, Giordano & Associates, Inc. 284 points 2. Walter Zackria Associates, PLLC 282 points 3. R.E. Chisholm Architects, Inc. 270 points 4. Kimley-Horn and Associates, Inc. 269 points; and WHEREAS, after an extensive evaluation process which included a review of each firm’s experience, area of expertise, minority and women certification, and recent/current project workloads, the Evaluation Committee ranked the top four firms and recommends the highest ranked firm, Calvin, Giordano & Associates, Inc. for RFQ No. 25-014 be selected for contract negotiations. 2 RESOLUTION #2025-_____ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves the ranking of the respondents and authorizes the proper City officials to commence contract negotiations with Calvin, Giordano & Associates. Section 3. That the funds are available and appropriated in the Grant Fund, in account number 103-72-64-572-63-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 RFQ 25-014 Request for Qualifications for Design Services for Chester Byrd Park Improvements (Final Rankings) Cassi Waren Firm Qualifications Staff Qualifications, Experience Approach & Delivery of Services Certified MBE Total BEA Architects, Inc.32 22 22 5 81 Bhide & Hall Architects 33 25 22 0 80 Calvin, Giordano & Associates, Inc.38 28 24 5 95 Cotleur & Hearing Landscape Architecture. LLC 32 22 23 0 77 CPH, LLC 33 24 22 5 84 HBC Engineering Company 29 22 20 5 76 Jorge A Gutierrez Architect LLC 33 23 23 5 84 Kimley-Horn and Associates, Inc.37 27 23 0 87 LandscapeDE, LLC 37 26 23 5 91 P.L.U.S. LLC 30 24 20 5 79 R.E. Chisholm Architects, Inc.35 25 22 5 87 Walters Zackria Associates, PLLC 38 28 24 5 95 Anthony Ifedi Firm Qualifications Staff Qualifications, Experience Approach & Delivery of Services Certified MBE Total BEA Architects, Inc.34 25 23 5 87 Bhide & Hall Architects 34 24 21 0 79 Calvin, Giordano & Associates, Inc.37 26 24 5 92 Cotleur & Hearing Landscape Architecture. LLC 35 27 23 0 85 CPH, LLC 34 27 23 5 89 HBC Engineering Company 30 26 22 5 83 Jorge A Gutierrez Architect LLC 29 23 21 5 78 Kimley-Horn and Associates, Inc.39 27 25 0 91 LandscapeDE, LLC 34 24 22 5 85 P.L.U.S. LLC 28 23 20 5 76 R.E. Chisholm Architects, Inc.33 26 23 5 87 Walters Zackria Associates, PLLC 36 26 24 5 91 Megan Yany Firm Qualifications Staff Qualifications, Experience Approach & Delivery of Services Certified MBE Total BEA Architects, Inc.36 30 24 5 95 Bhide & Hall Architects 30 27 25 0 82 Calvin, Giordano & Associates, Inc.37 30 25 5 97 Cotleur & Hearing Landscape Architecture. LLC 30 25 20 0 75 CPH, LLC 38 27 25 5 95 HBC Engineering Company 32 22 25 5 84 Jorge A Gutierrez Architect LLC 30 28 23 5 86 Kimley-Horn and Associates, Inc.37 29 25 0 91 LandscapeDE, LLC 25 30 23 5 83 P.L.U.S. LLC 33 24 25 5 87 R.E. Chisholm Architects, Inc.38 28 25 5 96 Walters Zackria Associates, PLLC 37 29 25 5 96 Firm Final Score Rank BEA Architects, Inc.263 6 Bhide & Hall Architects 241 11 Calvin, Giordano & Associates, Inc.284 1 Cotleur & Hearing Landscape Architecture. LLC 237 12 CPH, LLC 268 5 HBC Engineering Company 243 9 Jorge A Gutierrez Architect LLC 248 8 Kimley-Horn and Associates, Inc.269 4 LandscapeDE, LLC 259 7 P.L.U.S. LLC 242 10 R.E. Chisholm Architects, Inc.270 3 Walters Zackria Associates, PLLC 282 2 Top four (4) Vendors Rank Calvin, Giordano & Associates, Inc.1 Walters Zackria Associates, PLLC 2 R.E. Chisholm Architects, Inc.3 Kimley-Horn and Associates, Inc.4 City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director Claudia V. Batista, Planning and Zoning Manager SUBJECT: OT-005-25: The applicant, Cooper's Hawk Inc., is requesting an Extended Hours License to sell alcohol at 10:00 a.m. on weekends for the property located at 1822 Pointe Blvd. Request: To allow the sale of alcohol at 10:00 a.m. on Sunday only for on-premises consumption. PROPERTY INFORMATION ZONING: Planned Mixed Use District (PMUD) LAND USE DESIGNATION: Regional Activity Center (RAC) SITE LOCATION: 1822 Pointe Blvd. SITE ACREAGE: 8.5 Gross Acres EXISTING USE: None CODE VIOLATIONS: PUBLIC HEARING NOTICE This item was duly advertised, posted, and noticed pursuant to Article 610 of the Land Development Code. Background: The business is located within the Dania Pointe mixed-use development in building H, which is on the west side close to I-95. It was built in 2019 under Phase II of the Dania Pointe development. Since then, Cooper's Hawk, the tenant, has been operating a winery and restaurant with an active Business Tax Receipt (BTR). The current regulations in the City's Code of Ordinances established that "no person, vendor or distributor shall sell or offer for sale or deliver any liquor, beer or wine by package, bottle or container, between the hours of 2:00 a.m. and 12:00 p.m. on Sunday." To align with other locations, the applicant proposes to expand their restaurant services to operate brunch hours on weekends only, starting at 10:00 a.m. In addition, customers with membership to the wine club can pick up the "wine of the month" or purchase a bottle of wine on the way out of the restaurant. Section 4-18.1 of the City's Code of Ordinances states, the Planning and Zoning Board must make a recommendation to the City Commission, who, after consideration of the staff recommendation and public input, if any, may deny, approve, or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. 1. "The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent residential areas of any illegal or hazardous parking." Applicant: We are part of the mall's shared parking and do not believe the additional hour in the morning will affect parking in any way. Guests dining for brunch will have already used the shared parking in the mall. The Community Staff agrees with this statement. Parking at Dania Pointe will not be impacted by the proposed early hours operation from 10:00 a.m. to noon. 2. "The amount and degree of law enforcement activities generated by the operation of any restaurant or restaurant/bar, both outside and inside the particular location, with particular emphasis on vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or other associated with the establishment." Applicant: We do not believe that allowing our guests the ability to pick up their wine of the month or the enjoy the brunch cocktails on premises will necessitate increasing law enforcement. The applicant has stated that they do "not expect any additional law enforcement activities to be generated by the operation of the weekend brunch operations, both inside and outside of the illegal activities of any kind by employees, patrons, or other associated with the establishment based upon lack of issues that have presented during the business's five (5) year history at this location." The applicant has also stated "the brunch operations will be Saturday and Sunday opening at 10:00 to provide consistent services across all Florida locations. The business is wholly enclosed, soundproofed, and air- conditioned, and all windows, doors, and other openings will be kept closed, except for normal and emergency ingress and egress, in order that noise and music emanating from the business will not disturb the peace and quiet of the mall. The open-air patio will serve the same hours of brunch as proposed." The Community Development staff agrees with this justification. Staff requested a police report for the last five (5) years for this business to determine how the business is functioning in the community. The 850 report shows the following activity: • 2020 Total incidents= 16 • 2021 Total incidents= 19 • 2022 Total incidents= 23 • 2023 Total incidents= 40 • 2024 Total incidents= 11 3. "The adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking, and glare from headlights or exterior lighting on nearby residential properties." Applicant: The hours extended will be in the morning and will not disturb the neighboring properties. This seems to pertain more to late-night bars and/or restaurants with live entertainment. Which is not the case for the brunch hour operations proposed. The location of the business is within Dania Pointe, a 101-acre, mixed-use development facing Interstate 95. In addition, the closest residential building is 750 feet away. Therefore, the staff agrees with the applicant's justification. The applicant has provided written justification identifying that their request to serve and sell alcohol from 10:00 a.m. on Sundays is consistent with these criteria, as identified above. COMMUNITY OUTREACH At the staff's request, the applicant held a virtual meeting on April 29, 2025. No attendees from the community besides Cooper's Hawk representatives, city staff, and Commissioner Ryan. PLANNING AND ZONING BOARD ACTION On June 18, 2025, the Planning and Zoning Board recommended approval to the City Commission (4:1 vote to approve; Garnett, De la Salas, Silver, Oliver -vote to deny; Wright). Budgetary Impact No budgetary impact applicable for this request. Recommendation The Community Development Department is recommending approval of the resolution for the Extended Hours Liquor License. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DANIA LIVE 1748II, LLC AND COOPER’S HAWK, INC., FOR AN EXTENDED HOURS ALCOHOL SALES LICENSE FOR THE RESTAURANT KNOWN AS COOPER’S HAWK, LOCATED AT 1822 POINTE BLVD, DANIA POINTE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article II, Section 4-18.1, of the City’s Code of Ordinances, provides that any place of business operating as a restaurant or restaurant bar in the City which is duly and regularly licensed by this State to prepare, sell and serve full course meals to the public, and is duly licensed to sell and dispense alcoholic beverages, wine or beer therein, may apply for an extended hours license from the City Commission, after receipt of a recommendation by the Planning & Zoning Board; and WHEREAS, the Planning & Zoning Board recommended that the City Commission approve the application for a license which extends alcohol sale hours at its July 16, 2025, meeting; and WHEREAS, the Planning & Zoning Board took into consideration the following criteria in recommending approval: (1) the amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent residential areas of any illegal or hazardous parking; (2) the amount and degree of law enforcement activities generated by the operation of any restaurant or restaurant/ bar, both outside and inside the particular location, with particular emphasis on vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or other associated with the establishment, and (3) the adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking and glare from headlights or exterior lighting on nearby residential properties; and WHEREAS, the City Commission, during the public hearing, may require, as a condition of the privilege of extending hours of operation, compliance with any reasonable conditions deemed to be necessary to mitigate or eliminate the adverse effects of such extended hours; and WHEREAS, these conditions may include, without being limited to, provision by the owner or operator, at his/her expense, of additional off-street parking, security personnel, and screening and buffering from nearby properties; and 2 RESOLUTION #2025-_____ WHEREAS, the Commission may also require that the licensed establishments be wholly enclosed, soundproofed, and air-conditioned, with any windows, doors, or other openings be kept closed, except for normal and emergency ingress and egress, in order that noise and music emanating therefrom will not disturb the peace and quiet of the neighborhood; and WHEREAS, the owner of the application site shall record in the public records of Broward County, Florida, a covenant running with the land which expressly sets forth any and all conditions required by the City Commission; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the criteria and supports the Applicant’s request, and is incorporated by reference herein as the City’s findings of fact. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing whereas clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Resolution. Section 2. That that certain application for an extended hours license (OT-005-25) submitted by Dania Live 1748II, LLC and Cooper’s Hawk Inc., for Cooper’s Hawk Restaurant located at 1822 Pointe Blvd, Dania Beach, Florida, a copy of which is attached and made a part of this Resolution as Exhibit “A,” is approved pursuant to Chapter 4, Article II, Section 4-18.1, of the City’s Code of Ordinances, and the appropriate City officials are authorized to process the application. Section 3. The permission granted by the City Commission pursuant to Section 4-18, and 4-18.1, of the City’s Code of Ordinances, of a license to sell alcohol in excess of the hours provided by Section 562.14 of the Florida Statutes (which states “[e]xcept as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day”), is terminable at the will of the City Commission consistent with the requirements delineated in the City Code, as such permission being in the form of a privilege and not a right. 3 RESOLUTION #2025-_____ Section 4. The owner of the application site shall record in the public records of Broward County, Florida, a covenant running with the land which expressly sets forth any and all conditions required by the City Commission. Section 5. That the associated Community Development, Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 4 RESOLUTION #2025-_____ EXHIBIT “A” LEGAL DESCRIPTION DANIA POINTE 183-91 B POR PAR A AKA DANIA POINTE PHASE II PARCEL IN INSTR# 115247962LESS OFFICE PAR I, II & III INST# 116250560, RES A, B, C LEASE, RES D PAR, LESS REMAINING POR PAR DESC IN SKETCH #14_8058_KCO_PH3 OF SURVEY & LESS REGAL & MARRIOTT DANIA POINTE PARCELS Cooper's Hawk is excited to launch a new brunch program to enhance our guests' weekend experience. To align with other locations, we propose opening at 10:00 am on Saturdays and Sundays and request approval to begin off-premise package sales at 10:00 am on Sundays. This will provide consistency across all Florida locations. Why Early Opening Matters 1. Growing Brunch Culture: By opening earlier, we can tap into this trend and offer our guests looking for an additional dining experience. Our brunch program features signature dishes complemented by a curated selection of cocktails, providing a delightful option for those seeking a relaxing start to their weekend. 2. Economic Benefits: Increasing our hours of operation will boost revenue, which can lead to increased tax revenue for the city. More guests will mean higher sales, and subsequently, increased employment opportunities as we may need to hire additional staff to meet demand. 4. Community Engagement: We envision our brunch program as a community gathering spot, where residents can enjoy an additional menu with seasonal offerings. By facilitating earlier liquor sales, we can create a vibrant atmosphere that encourages community engagement and promotes local culture. 5. Safety and Regulation Compliance: We are committed to maintaining responsible alcohol service and ensuring the safety of our patrons. By adhering to all necessary regulations and training our staff thoroughly, we will provide a safe environment that respects the city’s guidelines. Conclusion I would like to address some concerns that have been raised. • The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent residential areas of any illegal or hazardous parking. 4-18.1(c). o We are part of the mall’s shared parking and do not believe the additional hour in the morning will affect parking in any way. o Guests dining for Brunch will have already used the shared parking in the mall. • The amount and degree of law enforcement activities generated by the operation of any restaurant or restaurant/bar, both outside and inside the particular location, with particular emphasis on vandalism, noise, vehicular use by patrons, and illegal activity of any kind by employees, patrons or others associated with the establishment. 4-18.1(c). o We do not believe by allowing our guests the ability to pick up their wine of the month or the ability to purchase a bottle of wine on the way out of the restaurant at 10:00 am on Sunday that there will be a need to increase law enforcement. • The adverse effects, if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking, and glare from headlights or exterior lighting on nearby residential properties. 4-18.1(c). o The hours extended will be in the morning and will not disturb the neighboring properties. This seems to pertain more to late night bars and/or restaurants with live entertainment. • Identify whether the business will be “wholly enclosed, soundproofed, and air-conditioned, with any windows, doors or other openings be kept closed, except for normal and emergency ingress and egress, in order that noise and music emanating there from will not disturb the peace and quiet of the neighborhood.” See Section 4-18.1(d) o All of the FUN happens inside Cooper’s Hawk, with the exception of our patio dining. o We do not believe that opening earlier in the morning will create any disturbance. In conclusion, Cooper's Hawk respectfully requests approval to begin off-premise package sales at 10 am on Sundays. This would allow wine club members to pick up their monthly bottle while enjoying brunch or afterward and enable guests to bring home a bottle of wine. We believe this initiative will enhance our brunch program, make our services consistent for our guests across Florida, and positively impact the local economy and community. It aligns with Dania Beach’s goals of fostering a vibrant dining scene and attracting visitors. Thank you for considering our request. We look forward to further contributing to the flourishing atmosphere of Dania Beach. rdr miami | public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com | diana@rdrmiami.com | 305.498.1614 1,000’ RADIUS MAP (N.T.S.) SUBJECT: 1822 Pointe Boulevard, Dania Beach, FL 33004 FOLIO NUMBER: 5042 33 59 0010 LEGEND: CITY LIMITS NAME 1 NAME 2 ADDRESS CITY STATE ZIP COUNTRY MICHAEL LAPENNA FAM TR LAPENNA, MICHAEL TRSTEE ETAL 150 PINE BEACH DORVAL QC H9S 2T9 CANADA UPPAL, POMPEE 292 MCARTHUR AVE OTTAWA ON K1L 6P2 CANADA 112 NW 14TH WAY LLC 4200 NW 16 ST LAUDERHILL FL 33313 USA 123 FLORIDA LAND TR SCHANK, JONI TRSTEE 8004 NW 154 ST #218 MIAMI LAKES FL 33016 USA 7418 TAMARAC INC 8527 PINES BLVD #202 PEMBROKE PINES FL 33024 USA ABITARE 105 LLC 395 FAIRWAY DR MIAMI BEACH FL 33141 USA ABSOLU, JESSECA 19 NW 14 AVE DANIA BEACH FL 33004 USA ADELE BESNER TR BESNER, HANNA S TRSTEE 4240 GALT OCEAN DR #603 FORT LAUDERDALE FL 33308 USA AIKENS, FRANCES TYRONE A AIKENS REV LIV TR ETAL 1407 NW 1 ST DANIA BEACH FL 33004 USA ALETHA HARDGE PLAYER REV TR PLAYER, ALETHA HARDGE TRSTEE 20456 NE 34 CT AVENTURA FL 33180 USA ANAJAS REALTY TR TAMAR GROUP LLC TRSTEE 2701 GRIFFIN RD FORT LAUDERDALE FL 33312 USA B & JCM PROPERTIES LLC 3905 NW 107 AVE STE 501 DORAL FL 33178 USA BHM 105 LLC 250 95 ST SUITE 545811 SURFSIDE FL 33154 USA BKORF PROPERTY MANAGEMENT CONSULTING SERVICES LLC 25 NW 14 CT DANIA BEACH FL 33004 USA BLAKE, TREMENA 40 NW 14 AVE DANIA BEACH FL 33004 USA BOHADANAH, ELI 3950 SW 6 ST FORT LAUDERDALE FL 33312 USA BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS 115 S ANDREWS AVE RM 501-RP FORT LAUDERDALE FL 33301 USA BROWARD INTERNATIONAL COMMERCE PARK LTD PARTNERSHIP 1700 STUTZ DR STE 25 TROY MI 48084 USA BROWN, LESLIE EILEEN 153 NW 14 WAY #3 DANIA BEACH FL 33004 USA BROWN, PATRICIA % DUSKEY MARINE INC 110 N BRYAN ROAD DANIA BEACH FL 33004 USA BROWN, RALPH & PATRICIA A 110 N BRYAN ROAD DANIA BEACH FL 33004 USA CAMILO GOMEZ, JUAN 7343 WEST SAND LAKE RD #442 ORLANDO FL 32819 USA CCEM LLC 1785 NW 38 AVE LAUDERHILL FL 33311 USA CF & A HILL FAMILY LTD 261 SW 13 ST DANIA BEACH FL 33004 USA CHAMBERS, JOANN &CHAMBERS, SAMUEL 208 NW 14 CT DANIA BEACH FL 33004 USA CHERIZAL, PATRICK CHERY BOYER, NATACHA 288 NW 13 CT DANIA BEACH FL 33004 USA CHOI, JIN YOUNG PUZIK, BERNARD JR 210 NW 14 CT DANIA BEACH FL 33004 USA CITY OF DANIA BEACH 100 W DANIA BEACH BLVD DANIA BEACH FL 33004 USA CITY OF DANIA BEACH PLANNING & ZONING MGR 100 W DANIA BEACH BLVD DANIA BEACH FL 33004 USA CITY OF DANIA BEACH COMMUNITY DEVELOPMENT ASSIST. 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FL 33004 USA Summary of Public Outreach Meeting for Cooper’s Hawk Dania Beach, FL Location Number of Attendees: 4 (Ritesh Dalal (Cornerstone Permit Company), Viviana Batista (City of Dania Beach), AJ Ryan (City of Dania Beach) and Jennifer Lesyna (Cooper’s Hawk)) Meeting Duration: 10:00 AM Eastern – 10:20 AM Eastern Overview The Public Outreach meeting for Cooper’s Hawk’s new Dania Beach, FL location was focused on informing the community about the upcoming restaurant and winery, addressing any concerns there may be with the proposed sale of packaged alcohol at 10:00 AM on Sunday’s. Currently, packaged sales can begin at 12:00 PM on Sunday’s and the ask is to allow for those sales to begin at 10:00 AM to accommodate for the organizations new Brunch rollout across all locations in Florida. Key Points Discussed Variance Request • Cooper’s Hawk is doing a Brunch program on weekends and are requesting to be able to have packaged alcohol sales beginning at 10:00 AM on Sunday’s (currently it is 12:00 PM on Sunday) • Jennifer went through Cooper’s Hawk’s vision for Brunch and the impact it has on the community and how the uniformity of 10:00 AM brunch on Sunday’s is crucial for all their locations in Florida. • General feedback was that this is not a major ask and should not be a problem but there are a few more steps to get final approval. • No attendees from the community/other businesses were present during this meeting. Next Steps Cooper’s Hawk will continue to engage with the community through regular updates and feedback sessions. The next meeting will be June 18th with Planning and Zoning and Jennifer will be in attendance in person with a meeting followed on June 24th @ 7:00PM for Final approval with Jennifer Lesyna in attendance once again. The meeting concluded with positive feedback from attendees, many expressing enthusiasm about the new location and its potential to enhance Dania Beach’s dining and cultural scene. City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director Claudia Viviana Batista, Planning and Zoning Manager Alejandra Cuervo, Planner SUBJECT: SP-073-18MOD: The applicant, R Roma Holdings LLC, requests approval of a Site Plan Modification to allow a second story to three (3) of the four (4) single-family homes on the propertyiesproperties located at 4432-4440 SW 52 Street. Request: SITE PLAN MODIFICATION To allow an additional second story to three (3) proposed single-family homes. PROPERTY INFORMATION: EXISTING ZONING: Two-Family Residential District (RD-8000) LAND USE DESIGNATION: Low-Medium (10) Residential (LM-10) SITE ACREAGE: 0.79-acre (34,595 SF) NET/ 35,845 SF GROSS EXISTING USE: One (1) Single-family home / Vacant VIOLATIONS ON THE PROPERTY: No open violations on the property Background: The applicant and developer received approval from the City Commission for the construction of four (4) single-family homes on March 31, 2025 (R-2025-044). The property is a 0.79-acre site and is composed of five (5) parcels located south of SW 52 Street, between State Road 7 (US 441) and SW 43 Terrace. Four (4) of the five (5) parcels are interior lots without street access. The fifth parcel (Tract A) will become a perpetual access easement for the proposed project. The site is surrounded by a mix of single-family residences to the north, a church and single-family residences to the west, multi-family to the south, and single- and multi-family residences to the east. The applicant has modified the previous design to expand the living space in three (3) of the four (4) proposed houses. Site Plan Modification: The applicant is requesting to modify the originally approved Site Plan, which previously consisted of four one (1) story single-family homes located in the interior lots with a perpetual access easement (Tract A). Unit #1 is 1,420 square feet and Units #2, #3 and #4 were 1,537 square feet. The modification includes an additional second story for units 2, 3, and 4. This proposed second story will increase the square footage of these units to 2,653 square feet. These units provide sufficient parking to supplement the additional square footage by incorporating a two (2) car garage in addition to the proposed driveway that fits two vehicles as well. This development is intended to be a rental community with common access areas. The lots will not be simple fee title. Therefore, common areas will be maintained by the applicant (R Roma Holdings LLC ). This proposal meets the Land Development Code (LDC) requirements. Approval of the requested site plan modification would allow for the construction of an additional second story to the three (3) additional single-family homes of 2,653 square feet each not changing the existing building footprint, with a shared access easement, resulting in the development of the existing vacant lots. TRAFFIC STUDY Due to the limited scale of the project, a traffic study was not required for this development. The applicant indicated that the development generates less than fifty (50) trips, therefore a study is not required. Staff are requesting a traffic statement be provided in lieu of a traffic study. The City's traffic engineering consultant accepted the proposed pavement marking and signage plan. STORMWATER MANAGEMENT PLAN The City's Code of Ordinance requires a Storm Water Management Plan to be submitted and approved prior to the issuance of a building permit. A stormwater management plan is mandatory for all projects that change the surface to be impervious or alter pervious areas, regardless of City Commission approval. Post-development runoff must not exceed predevelopment runoff rates for a 25-year storm event. The Site Plan identifies 53.87% of land as green area (pervious), meeting the minimum 37% pervious area requirement by Land Development Code Section 215-130 (A). COMMUNITY OUTREACH On July 9, 2025, Rod Feiner, Esq., on behalf of the applicant, sent notices to properties within 1,000 feet of the subject property notifying them of the proposed development and inviting the community to participate in the community meeting regarding the proposed development. The community meeting was held on July 23, 2025, at 6:30 pm via Zoom with the developer's representative to discuss details of the project. There was no public attendance at the Zoom meeting. No objections to the project have been received by the city. A detailed summary of the meeting discussion is provided as an attachment. IMPACT FEES Public Art: The City's Public Art Program specifies a fee to be paid into the Public Art fund by new development projects over $1 million in construction value. Based on the construction value, the applicant must contribute into the City's Public Art fund. Alternatively, they may choose to install public art on site equal to half of the required contribution and provide payment into the City's Public Art fund. Recreation And Open Space Impact Fee: In accordance with Resolution 2015-071, $1,825.00, per dwelling, must be paid for recreation and open space impacts at the time the building permit is issued. A total of $7,300.00 ($1,825 x 4 units) will be due at the time of building permit. DEVELOPMENT REVIEW COMMITTEE (DRC) The site plan modification was reviewed by the DRC on June 6, 2025. The committee included personnel from the BSO Fire, the City's engineering consultant, the City's landscape consultant and Community Development Department's Planning and Zoning Division. After the first cycle the applicant decided to work independently with the pending disciplines. The DRC comments are listed as conditions of approval in the site plan resolution and provided below. 1. Please provide a final drainage report and final civil engineering plans addressing the pending Engineering comments stated on the Engineering's DRC approval dated 7/21/25. (Engineering) 2. 'No Objection' letters from the Utility company are required confirming that the wall may be installed inside the Utility Easement (UE). (Engineering) 3. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant's property identified in Exhibit A, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the Applicant's expense. (Engineering) 4. Provide the Broward County Water and Wastewater availability letter and the waste management letter confirming that utilities have the capacity for the project. (Engineering) 5. Any road cuts for utilities, curb cuts and/or others within the City right-of-way (ROW) shall be restored for the full lane width for a minimum length of SO-feet centered on the proposed cut. (Engineering) 6. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process. (Engineering) 7. Any revisions to the site layout will require a site plan modification. (Engineering) 8. Show all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 9. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit/ BC Water and Wastewater Approval, Florida Department of Environmental Protection, FOOT, BC Environmental, BC Aviation, BCTED etc.). Also, include Utility/ Right of Way Permits from City, Broward County, and State Roads, as may be applicable. (Engineering) 10. Provide Broward County (Broward County) standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. BCTED signs specifications consist ofType XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 11. All pavement markings (excluding parking stall striping) shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications with the exception of parking stall striping. (Traffic) 12. Please provide an MOT plan prepared by a Florida-licensed Professional Engineer or General Contractor, per FOOT and local agency requirements. The MOT shall address pedestrian, bicycle, and vehicular traffic safely and efficiently. (Traffic) 13. Any site changes that may affect trip generation or the approved traffic impact analysis must be documented in a traffic memorandum and submitted to the City for review. (Traffic) 14. BCTED and FOOT approval documentation shall be provided as part of the final submittal (as applicable). (Traffic) 15. Additional comments may be issued and must be addressed before permit approval. (Traffic) 16. Detailed and complete engineering plans will be required prior to Building and R/W permit approval. (Traffic) 17. Provide estimated construction value for development so that impact fees may be determined. (Planning & Zoning) 18. Recreation And Open Space Impact Fee: In accordance with Resolution 2015-071, $1,825.00, per Dwelling, must be paid for Recreation and Open Space Impacts at the time the building permit is issued. A total of $7,300.00 ($1,825 x 4 units) will be due at the time of the building permit. (Planning & Zoning) 19. The developer is required to participate in the City's Public Art program by payment into the City's Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction which will be established at the time of building permit submittal. (Planning & Zoning) 20. For all projects resulting in the buildout of the site, construction staging cannot occur on-site and must obtain Staging Plan approval by the Community Development Director prior to the issuance of a building permit. The Staging Plan must include but is not limited to the location of equipment and materials during construction. (Planning & Zoning) 21. For all projects resulting in the buildout of the site, such that construction staging cannot occur on-site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for the period of construction prior to issuance of a building permit. (Planning & Zoning) 22. Per 0-2017-027 & 0-2018-019. Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include the name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details with the next submittal. The City Commission must approve the use of the City Logo. (Planning & Zoning) 23. Provide access easement recordation for lots 1 through 4 prior to the building permit. (Planning & Zoning) 24. The tree symbols for existing trees #38, #40, #41 should be changed from "Remain" to "Remove" (Landscape) 25. Proposed landscape trees will conflict with the proposed drainage lines and inlets along the entrance driveway, the proposed light directly north of building #1, and the proposed sewer line leaving Unit #1. Realign utilities and/or trees to reduce conflicts. (Landscape) 26. Tree #10 is proposed for removal but has no responsible canopy area in the table. Add tree #10 canopy area to the mitigation requirements calculations table. In addition, the pricing calculation below the Proposed Canopy Mitigation Table is missing the 2.7 installation and establishment multiplier. Update the calculations accordingly. Add the required and provided totals for each separate code section so staff can verify the quantity of surplus/mitigation trees. (Landscape) 27. Mitigation requirements and mitigation provided have been added but will need to be updated based on the landscape conditions above. (Landscape) 28. The updated plan LSM-1 lists the applicable code sections requested in the prior comment but does not provide the total required and total provided for each. Update the provided code requirements list to create a table which 1) lists vertically each requirement, 2) provides the total area or linear footage applicable to each code criterion, 3) lists the required number of trees or shrubs to satisfy each category, then lists the total amount of trees or shrubs actually provided in the proposed landscape plan, e.g., 275-90{8)(2) - VUA buffer: XXX linear feet: XX required: XY provided). For clarity, the east, west, and south buffers will be landscaped in accordance with Sec. 275-130, and the north boundary and access drive will be landscaped in accordance with Sec. 275-90{8)(2). (Landscape) 29. The plant lists indicate 11 new VUA trees are proposed but the number of new tree symbols on the plan is 12. Update Note 2 in the bottom-right corner of LSM -1 to indicate lots 2, 3, and 4 only. The required/installed landscaping must continue to be shown and tabulated for Unit #1 since it has already been built. (Landscape) 30. An additional VUA buffer tree is required at the east end of the driveway in front of UNIT #4. (Landscape) 31. Provide existing and proposed topographic elevations on the plan view so staff can evaluate where grade changes may adversely affect existing landscaping "to remain". (Landscape) Comprehensive Plan This application supports the City's 2024 Comprehensive Plan by furthering the following principles and goals: • Future Land Use Policy 1.1.1.1: Provide for a mix of residential communities to promote a diverse population and a healthy environment. Continue to maintain regulations (subdivisions, zoning, signage etc.) to guide future land use configurations so as to preserve topography and soils; require facilities and services; and, protect against seasonal and periodic flooding. • Future Land Use Policy: 1.1.3.1: New development shall provide for utility and community facility sites in accordance with the level of service standards of the Comprehensive Plan. • Future Land Use Policy 1.1.9.2: All proposed development and future land uses shall be compatible with adjacent land uses. • Housing and Neighborhood Goal 2.1: Achieve a supply of housing that offers a variety of residential unit types and prices for current and future homeowners and renters at all household income levels by the creation and/or preservation of a full range of quality housing units. • Housing and Neighborhood Policy 2.3.1.7: Accommodate the City's existing and future housing needs through maintenance of existing residential neighborhoods and the creation of new residential neighborhoods. Budgetary Impact Approval of this site plan modification will result in an increased tax base for the City. Recommendation The Community Development Department is recommending approval of the resolution for the Site Plan Modification provided that the remaining DRC comments are made conditions of approval and must be addressed prior to the issuance of a building permit. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-073- 18MOD) SUBMITTED BY APPLICANT, R. ROMA HOLDINGS, LLC, FOR THE PROPERTIES LOCATED AT 4432-4440 SW 52ND STREET IN THE CITY OF DANIA BEACH, FLORIDA TO ALLOW A SECOND STORY TO THREE (3) OF THE FOUR (4) SINGLE FAMILY HOMES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, “Land Development Code” (the “LDC”), Part 6, entitled “Development Review Procedures and Requirements,” Article 635, entitled “Site Plans” of the City Code of Ordinances (the “City Code”) provides that Site Plan approval is required as a condition to the issuance of a building permit; and WHEREAS, R. Roma Holdings LLC, a Florida limited liability company (the “Applicant”) is requesting approval of a Site Plan Modification (SP-073-18MOD) to add an additional floor to three (3) of the four (4) single-family homes developed at 4432-4440 SW 52ND Street, Dania Beach, Fl, which property has the following legal description as delineated in Exhibit “A”, which exhibit is made a part of and incorporated into this Resolution by this reference, and WHEREAS, the Applicant is requesting approval of the proposed Site Plan Modification (SP-073-18MOD) to permit the future development of the subject property pursuant to and consistent with the attached site plan provided as Exhibit "B", a copy of which is made a part of and incorporated into this resolution: and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s staff report analyzes the Applicant’s request based on the criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the approval of the Site Plan Modification (SP-073-18MOD) is consistent with the City’s Land Development Code and Comprehensive Plan and will protect the public health. safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28 “Land Development Code,” Part 6 “Development Review Procedures and Requirements,” Article 635 “Site Plans,” the following Site Plan Modification (SP-073-18MOD), attached as Exhibit “B,” which is made a part of and incorporated into this Resolution by this reference, is approved. Section 3. That the approval granted by this Resolution is subject to the Applicant's compliance with the following conditions: 1. Please provide a final drainage report and final civil engineering plans addressing the pending Engineering comments stated on the Engineering’s DRC approval dated 7/21/25. (Engineering) 2. ‘No Objection’ letters from the Utility company are required confirming that the wall may be installed inside the Utility Easement (UE). (Engineering) 3. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant’s property identified in Exhibit A, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the Applicant’s expense. (Engineering) 4. Provide the Broward County Water and Wastewater availability letter and the waste management letter confirming that utilities have the capacity for the project. (Engineering) 5. Any road cuts for utilities, curb cuts and/or others within the City right-of-way (ROW) shall be restored for the full lane width for a minimum length of 50-feet centered on the proposed cut (a total of 50-feet in length, centered on the cut should be restored, 25-feet on either side). (Engineering) 6. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process. (Engineering) 7. Any revisions to the site layout will require a site plan modification. (Engineering) 8. Show all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 9. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, FDOT, BC Environmental, BC Aviation, BCTED etc.). Also, include Utility / Right of Way Permits from City, Broward County, and State Roads, as may be applicable. (Engineering) 10. Provide Broward County standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 11. All pavement markings (excluding parking stall striping) shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications with the exception of parking stall striping. (Traffic) 12. Please provide an MOT plan prepared by a Florida-licensed Professional Engineer or General Contractor, per FDOT and local agency requirements. The MOT shall address pedestrian, bicycle, and vehicular traffic safely and efficiently. (Traffic) 13. Any site changes that may affect trip generation or the approved traffic impact analysis must be documented in a traffic memorandum and submitted to the City for review. (Traffic) 14. BCTED and FDOT approval documentation shall be provided as part of the final submittal (as applicable). (Traffic) 15. Additional comments may be issued and must be addressed before permit approval. (Traffic) 16. Detailed and complete engineering plans will be required prior to Building and R/W permit approval. (Traffic) 17. Provide estimated construction value for development so that impact fees may be determined. (Planning & Zoning) 18. Recreation And Open Space Impact Fee: In accordance with Resolution 2015-071, $1,825.00, per Dwelling, must be paid for Recreation and Open Space Impacts at the time the building permit is issued. A total of $7,300.00 ($1,825 x 4 units) will be due at the time of the building permit. (Planning & Zoning) 19. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction which will be established at the time of building permit submittal. (Planning & Zoning) 20. For all projects resulting in the buildout of the site, construction staging cannot occur on- site and must obtain Staging Plan approval by the Community Development Director prior to the issuance of a building permit. The Staging Plan must include but is not limited to the location of equipment and materials during construction. (Planning & Zoning) 21. For all projects resulting in the buildout of the site, such that construction staging cannot occur on-site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for the period of construction prior to issuance of a building permit. (Planning & Zoning) 22. Per Sec 8-7. Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include the name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details with the next submittal. The City Commission must approve the use of the City Logo. (Planning & Zoning) 23. Provide access easement recordation for lots 1 through 4 prior to the building permit to provide access to Track A from all lots. (Planning & Zoning) 24. The tree symbols for existing trees #38, #40, #41 should be changed from “Remain” to “Remove” (Landscape) 25. Proposed landscape trees will conflict with the proposed drainage lines and inlets along the entrance driveway, the proposed light directly north of building #1, and the proposed sewer line leaving Unit #1. Realign utilities and/or trees to reduce conflicts. (Landscape) 26. Tree #10 is proposed for removal but has no responsible canopy area in the table. Add tree #10 canopy area to the mitigation requirements calculations table. In addition, the pricing calculation below the Proposed Canopy Mitigation Table is missing the 2.7 installation and establishment multiplier. Update the calculations accordingly. Add the required and provided totals for each separate code section so staff can verify the quantity of surplus/mitigation trees. (Landscape) 27. Mitigation requirements and mitigation provided have been added but will need to be updated based on the landscape conditions above. (Landscape) 28. The updated plan LSM-1 lists the applicable code sections requested in the prior comment but does not provide the total required and total provided for each. Update the provided code requirements list to create a table which 1) lists vertically each requirement, 2) provides the total area or linear footage applicable to each code criterion, 3) lists the required number of trees or shrubs to satisfy each category, then lists the total amount of trees or shrubs actually provided in the proposed landscape plan, e.g., 275-90(B)(2) – VUA buffer: XXX linear feet: XX required: XY provided). For clarity, the east, west, and south buffers will be landscaped in accordance with Sec. 275-130, and the north boundary and access drive will be landscaped in accordance with Sec. 275-90(B)(2) of the LDC. (Landscape) 29. The plant lists indicate 11 new VUA (Vehicular Use Area) trees are proposed but the number of new tree symbols on the plan is 12. Update Note 2 in the bottom-right corner of LSM -1 to indicate lots 2, 3, and 4 only. The required/installed landscaping must continue to be shown and tabulated for Unit #1 since it has already been built. (Landscape) 30. An additional VUA buffer tree is required at the east end of the driveway in front of Unit #4. (Landscape) 31. Provide existing and proposed topographic elevations on the plan view so staff can evaluate where grade changes may adversely affect existing landscaping “to remain”. (Landscape) Section 4. That pursuant to Section 635-100 “Expiration of Site Plans” of the Land Development Code, Site Plan Modification (SP-73-18MOD) approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan within eighteen (18) months from the date of this Resolution. Section 5. Such application must be reviewed by the Broward County Aviation Department; the point of contact is William Castillo, Evaluation and Plan Administrator, located at 2200 SW 45 Street. Suite 101, Dania Beach. Florida 13312 (954) 359-2291. Section 6. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 7. That the associated Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 8. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9. That this Resolution shall be effective l0 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURE PAGE TO FOLLOW ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” SITE PLAN MODIFICATION (SP-073-18MOD) C SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION PR O J E C T N A M E A D D R E S S : ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. 13 4 2 0 S W 3 6 t h S T R E E T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . CO V E R S H E E T SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A LOCATION MAP 4432 SW 52ND STREET DANIA BEACH, FLORIDA SINGLE FAMILY RESIDENCES SHEET INDEX:SHEET NO: NOVEMBER 2019 011219 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. 1. COVER SHEET 2. SURVEY 3. PROPOSED SITE PLAN 4. FLOOR PLANS 7. TYPICAL FLOOR PLAN 8. PAVING GRADING & DRAINAGE PLAN 9. WATER & SEWER PLAN 10. PAVEMENT MARKING & SIGNAGE PLAN 11. PHOTOMETRIC SITE PLAN 13. EROSION CONTROL PLAN 15. LANDSCAPING PLAN 16. LANDSCAPING DETAIL 17. IRRIGATION PLAN C S A-1 A-2 A-5 C-1 C-2 C-3 PH-1 C-5 L-1 L-2 L-3 6. ELEVATIONS PLAN A-4 5. ELEVATIONS PLAN A-3 18. EXISTING TREE SURVEY TD-1 12. FIRE RESCUE PLAN C-4 14. NOTES AND SPECIFICATIONS C-6 & SIGHT DISTANCE 19. LANDSCAPING MITIGATION PLAN LSM-1 GMAX LEGAL DESCRIPTION THE SOUTH 100.00 FEET OF LOTS 7, 8, 9 AND 10, AND THE EAST 6.00 FEET OF THE NORTH 116.00 FEET OF LOT 8, AND THE WEST 44.00 FEET OF THE NORTH 116.00 FEET OF LOT 9, ALL IN BLOCK 5, "BROWARD GARDENS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, AND CONTAIN 0.794 ACRES, MORE OR LESS. LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 0 : 2 5 - 0 6 ' 0 0 ' A-1 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. PR O P O S E D S I T E P L A N S.W. 52nd STREET PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A PROPOSED SITE PLAN SCALE:0'-1" = 20'-0" 0' 20' 40' 80' CL 138.00' (N.90 00' 00"E.)100.00' (N.90 00' 00"E.) 288.00' (S.90 00' 00"W.) 10 0 . 0 0 ' ( S . 0 0 0 2 ' 5 5 " W . ) 10 0 . 0 0 ' ( N . 0 0 0 2 ' 5 5 " E . ) 11 6 . 0 0 ' ( N 0 0 0 2 ' 5 5 " E . ) 11 6 . 0 0 ' ( S 0 0 0 2 ' 5 5 " W . ) (N.90 00' 00"E.)50.00' EDGE OF PAVEMENT EDGE OF PAVEMENT S.R.O.W. LINE SOUTH PROPERTY LINE N.R.O.W. LINE NORTH PROPERTY LINE FUTURE LAND USE IS RESIDENTIAL. ZONING IS RD-8000 RESIDENTIAL (SINGLE FAMILY DETACHED) ALLOWABLE HEIGHT IS 25' HOUSES WILL BE ONE STORY DENSITY : TOTAL SITE AREA : 0.794 AC PERMITTED UNITS 6.35 UNITS ZONE RD-8000 & WILL BE LESS THAN 25' (USING R-S 6000 FOR SINGLE FAMILY DETACHED) REQUIRED 14'-7" PROVIDED 8'-6" TO 23'-6" SET BACK: EAST 15'-0" 15'-0"SOUTH 14'-7" 8'-8" TO 23'-8"WEST 25'-0" 44'-6"NORTH EACH HOUSE WILL BE AROUND 1420 SQ.FT. WITH PARKING : 3 BEDROOM WHICH REQUIRED 2 PARKING, WHICH HAS BEEN PROVIDED FRONT OF HOUSE UNIT #1 AND WHICH OWNED & MAINTAINED BY OWNER / DEVELOPER CHARACTERISTIC : OF PROPERTY. THE LANDSCAPING,IRRIGATION, ROAD, LIGHTINGS, SEWER WATER AND DRAINAGE WILL BE PRIVATE AND GMAX HOUSES ARE RENTAL RESIDENTIAL HOMES WILL BE OWNED AND MAINTAIN BY OWNER OF PROPERTY.F.P&L WILL BE PROVIDER FOR ELECTRICAL AND BROWARDCOUNTY WILL BE RESPONSIBLE FOR WATER & SEWER. MAIL BOX LOCATION : NO PHASING PLANED FOR CONSTRUCTION. ALL THE PROPOSED MAIL BOX LOCATION WILL BE REVIEWED & APPROVED BY THE POST OFFICE PRIOR TO INSTALLATION (PROPOSED MAIL BOXES WILL BE FRONT OF EACH UNIT). PROPOSING TO INSTALL IMPACT DOORS & WINDOWS & INSTALL NOISE MITIGATION : INSULATION TO REDUCE & CONTROL THE NOISE. BROWARD COUNTY WILL BE THE PROVIDER UTILITIES : FOR WATER & THE SEWER. ROAD DESIGN : ROAD SHALL BE DESIGN TO HOLD 32 TONS FIRE TRUCK. PROPOSED12"X12" COLUMN PROPOSED 5' WALL (SOLID)L 20' PANEL SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. THE WATER / SEWER USAGE IS 145 GALLONS PER UNIT WATER & SEWER: PER DAY TOTAL FOR FOUR UNITS WILL BE 580 GALLONS / DAY. SOLID WASTE PER HOUSE HOLD IS 8.9 lb PER RESIDENT PER DAY, SOLID WASTE: FOR THE SITE WILL BE 35.6 lb / DAY. PROPOSED 4 SINGLE FAMILY DETACHED ONE STORY SINGLE FAMILY HOME ONE STORY SINGLE FAMILY HOME TWO STORY RENTAL APT. ON E S T O R Y SI N G L E F A M I L Y H O M E ON E S T O R Y SI N G L E F A M I L Y H O M E AC C E S S EA S E M E N T ACCESS EASEMENT UNIT #1 ( 1420 SQ.FT. UNIT #1)CL CL SWALECENTER LINESWALECENTER LINE ACCESS EASEMENT TRAFFIC DIRECTION TRAFFIC DIRECTION LEGEND : LIMIT OF PROPOSED5' WALL PROPOSED5' WALL PROPOSED5' WALL PROPOSED5' WALL NOVEMBER 2019 011219 ( (First FL.) 1570 SQ.FT. UNIT #2- #3, #4) GMAX LEGAL DESCRIPTION THE SOUTH 100.00 FEET OF LOTS 7, 8, 9 AND 10, AND THE EAST 6.00 FEET OF THE NORTH 116.00 FEET OFLOT 8, AND THE WEST 44.00 FEET OF THE NORTH 116.00 FEET OF LOT 9, ALL IN BLOCK 5, "BROWARD GARDENS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 48, OF THE PUBLICRECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, AND CONTAIN 0.794 ACRES, MORE OR LESS. UNIT #2 UNIT #3 UNIT #4 1 05/23/25 111 1 1 SITE DATA : 346 00 SF. 6130 SF. 100% 17.71% GROSS AREA TOTAL BUILDING (#1,2,3,4) 1275 SF. 3.68%DRIVEWAY (#1,2,3,4) 8262 SF. 23.88%ROAD & CURB 18,636 SF. 53.87%GREEN 346 00 SF. 100%NET AREA 15,964 SF. 46.13%TOTAL IMPERVIOUS .AC 297 SF. 0.86%ENTRY & PATIO (#1,2,3,4) 4 SPACES FOR UNITS #2,3,4 (2 IN DRIVEWAY & 2 IN GARAGE) EACH LOT WILL HAVE THEIR INDIVIDUAL CANS FOR GARBAGE & RECYCLING 1 1 0.794 0.14 0.029 0.006 0.366 0.794 0.189 0.427 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 0 8 : 5 3 - 0 6 ' 0 0 ' A-2 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. PR O P O S E D PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A 05/22/2025 010220 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. FL O O R P L A N S LO T 8 - 9 - 1 0 ( U N I T # 2 - 3 - 4 ) WC LAV. REF. D.W. RA N G E SINK WC SCALE:1/4" = 1'-0" 0' 4' 8' 16' FIRST FLOOR PLANPROPOSED SCALE:1/4" = 1'-0" 0' 4' 8' 16' SECOND FLOOR PLANPROPOSED WASHERDRYER WC A.H.U. W.H. SHOWER LIN E N TUB WC LAV. LAV. SHOWER KITCHEN12'-4"X13'-0" BATH. #15'-0"X7'-6" 3'-0"X6'-6" POWDER ROOM LAUNDRY13'-0"X6'-0" 6'-8"X7'-6" W.I.C. BEDROOM #112'-0"X15'-6" LIVING ROOM 23'-0"X18'-10" FOYER7'-0"X17'-10" 2 CAR GARAGE19'-0"X20'-0" 5'-0'X6'-8" W.I.C. 5'-0'X6'-8" W.I.C. BATH. #25'-0"X7'-6"7'-8"X7'-6"W.I.C. BEDROOM #213'-0"X10'-0" BEDROOM #311'-0"X12'-0"BEDROOM #411'-0"X12'-0" BATH. #25'-4"X12'-0" LOFT22'-0"X24'-4" 5'-4'X5'-4"BALCONY 5'-4'X5'-4"BALCONY PATIO7'-0"X3'-0" ENTRY7'-0"X3'-0" DRIVEWAY17'-0"X19'-0" 6" 6" 6" 4"4" F.F.E. 7.25' NAVD A/C COND. SPKLER 1 05/23/25 BUILDING 1 1 42" RAILING(TYP. ALL) 1190.00 SQ.FT. AREA A/C FIRST FLOOR 1463.12 SQ.FT.SECOND FLOOR 2653.12 SQ.FT.TOTAL A/C 380.00 SQ.FT.2 CAR GARAGE 3132.00 SQ.FT.TOTAL BUILDING 56.88 SQ.FT.BALCONY 21.00 SQ.FT.ENTRY 21.00 SQ.FT.PATIO LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Di g i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 0 9 : 3 5 - 0 6 ' 0 0 ' A-3 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. EL E V A T I O N S PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A 05/22/2025 010220 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. LO T 8 - 9 - 1 0 ( U N I T # 2 - 3 - 4 ) FRONT ELEVATION SCALE:1/4" = 1'-0" 0' 4' 8' 16' REAR ELEVATION SCALE:1/4" = 1'-0" 0' 4' 8' 16' RIGHT ELEVATION SCALE:1/4" = 1'-0" 0' 4' 8' 16' LEFT ELEVATION 0' 4' 8' 16' A/C COND. A/C COND.A/C COND. 1 1 05/23/25 BUILDING THIS IS LOWER WALLFOR GARAGE ROOF 42" RAILING(TYP. ALL) LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 0 : 0 0 - 0 6 ' 0 0 ' C-1 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. SECTION A-AN.T.S. N.T.S.SECTION D-D A B C N.T.S.C A B A B C SECTION B-BN.T.S. A A B B D D PA V I N G G R A D I N G A N D DR A I N A G E P L A N PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 SCALE:0'-1" = 20'-0" 0' 20' 40' 80' DRAINAGE PLAN PAVING GRADING AND S.W. 52nd STREET AAEE SECTION E-EN.T.S.SECTION F-FN.T.S. G G N.T.S. F F FF SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ NOTE : AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. G G UNIT #2 UNIT #3 UNIT #4 UNIT #1 CL EDGE OF PAVEMENT EDGE OF PAVEMENT N.R.O.W. LINE NORTH PROPERTY LINE S.R.O.W. LINE SOUTH PROPERTY LINE 226 ' T O E X . F . H . 4:1 F.F.E. 7.25'NAVD 88 F.F.E. 7.25'NAVD 88 PROPOSED 12"X12" COLUMN@ 21' O.C. (ALONG PROPERTY) PROPOSED 4" @ 20' WALL(ALONG PROPERTY) CONCRETE PROPOSED12"X12" COLUMN PROPOSED 4" @ 20' WALL GROUND ELEV. PROPOSED12"X12" COLUMN PROPOSED 5' WALL (SOLID)L 20' PANEL 4:1 4:1 F.F.E. 7.25'NAVD 88 F.F.E. 7.25'NAVD 88 4:1 F.F.E. 7.25'NAVD 88 F.F.E. 7.25'NAVD 88 WALLS SHALL BE DESIGN TO MEET AND OBTAIN THE PERMIT FROM BUILDING DEPT., AND SHALL BE ABLE TO CONTAIN THE 25-YEAR 3-DAY LOAD CAPACITY & BEWATERPROOF UP TO 25-YEARS 3-DAY EVENT ELEVATION. (6.47' NAVD "88") (TYP. ALL)3-DAY EVENT ELEVATION. (6.47' NAVD) WATERPROOF TO 25-YRWALLS SHALL FBC 2023 8th Edition TOP OF WALL ELEVATION10.00' NAVD "88" TOP OF WALL ELEVATION (10.00' NAVD "88") PROPOSED5' WALL PROPOSED12"X12" COLUMN (TYP. ALL)3-DAY EVENT ELEVATION.(6.47' NAVD) WATERPROOF TO 25-YRWALLS SHALL TOP OF WALL ELEVATION (10.00' NAVD "88") PROPOSED5' WALL PROPOSED12"X12" COLUMN TOP OF WALL(6.47' NAVD "88")TOP OF WALL(6.47' NAVD "88") 4" WALLTOP OF WALL(6.47' NAVD "88") 4" WALLTOP OF WALL(6.47' NAVD "88") CL CL SWALECENTER LINE SWALECENTER LINE UTILITY EASEMENT END OF WALLEND OF WALL PROPOSED5' WALL PROPOSED5' WALL PROPOSED5' WALL PROPOSED5' WALL (TYP. ALL)3-DAY EVENT ELEVATION. (6.47' NAVD) WATERPROOF TO 25-YRWALLS SHALL TOP OF WALL ELEVATION (10.00' NAVD "88") PROPOSED5' WALL PROPOSED12"X12" COLUMN 1 05/23/25 1 1 1 LICENSE **FLORIDA STA T E O F NO . 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 1 : 1 9 - 0 6 ' 0 0 ' C-2 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. WA T E R S E W E R P L A N S.W. 52nd STREET S1 Crossing Details PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 SCALE:0'-1" = 20'-0" 0' 20' 40' 80' WATER & SEWER PLAN CLEAN OUT FLOW DIRECTION LEGEND : C / O SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 THE WATER / SEWER USAGE IS 145 GALLONS PER UNIT WATER & SEWER: PER DAY TOTAL FOR FOUR UNITS WILL BE 580 GALLONS / DAY. SOLID WASTE PER HOUSE HOLD IS 8.9 lb PER RESIDENT PER DAY, SOLID WASTE: FOR THE SITE WILL BE 35.6 lb / DAY. UNIT #2 UNIT #3 UNIT #4UNIT #1 484' TO EX. F.H.378' TO EX. F.H. 226 ' T O E X . F . H . CL EDGE OF PAVEMENT EDGE OF PAVEMENT S.R.O.W. LINE SOUTH PROPERTY LINE N.R.O.W. LINE NORTH PROPERTY LINE 145' TO HOUSE130' TO HOUSE PROPOSED DOUBLE 58" WATER METER PROPOSED DOUBLE 58" WATER METER 1 05/23/25 1 1 1 LICENSE **FLORIDA STA T E O F NO . 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 1 : 4 6 - 0 6 ' 0 0 ' C-3 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. PA V E M E N T M A R K I N G A N D PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 S.W. 52nd STREET SCALE:0'-1" = 20'-0" 0' 20' 40' 80' CL EDGE OF PAVEMENT EDGE OF PAVEMENT S.R.O.W. LINE SOUTH PROPERTY LINE N.R.O.W. LINE NORTH PROPERTY LINE ROAD SHALL BE DESIGN TO HOLD ADD NOTE 32 TONS FIRE TRUCK SIGNAGE PLAN & SIGHT DISTANCEPAVEMENT MARKING AND 4" DOUBLE SOLID YELLOW 24" WHITE STOP BAR, PAVAMENT, MARKINGANDAND SIGNAGE NOTES x ALL PAVEMENT, MARKING AND SIGNAGESHALL BE IN ACCORDANCE WITH THEMANUAL OF UNIFORM TRAFFIC CONTROLDEVICES. x ALL PAVEMENT, MARKING SHALL BETHERMOPLASTIC AS PER BROWARD COUNTYTRAFFIC ENGINEERING STANDARD. x R1-1 STOP SIGN SHALL BE HIGH INTENSITY REFLECTORIZED MATERIAL. x STOP SIGN SHALL BE 30" X 30" HIGH INTENSITY REFLECTIVE MATERIAL. x PAVEMENT MARKING SHALL BE REFLECTIVE THERMO PLASTIC, SHALL CONFORM W/ FDOT STANDARD SPECIFICATION AND BROWARD COUNTY STANDARD AND SPECIFICATION. STOP SW 52 Streetnd SIG N A G E P L A N & EDGE OF PAVEMENT EDGE OF PAVEMENT - POSTED SPEED LIMIT SIGN IS30 MPH - SIGHT DISTANCE IS 200 FT BASE ON GREEN BOOK 2'-4' SKIP 4"WHITE 2'-4' SKIP 4"WHITE NO PARKING SIGN NO PARKING SIGN NO PARKING SIGN NO PARKING SIGN 4" DOUBLE SOLID YELLOW NO PARKING SIGN NO PARKING SIGN SIG H T D I S T A N C E SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. UNIT #2 UNIT #3 UNIT #4UNIT #1 1 1 1 1 05/23/25 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 2 : 1 5 - 0 6 ' 0 0 ' C-4 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. FIR E R E S C U E / PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 S.W. 52nd STREET 484' TO EXISTING F.H.378' TO EXISTING F.H. SCALE:0'-1" = 20'-0" 0' 20' 40' 80' CIRCULATION PLAN CL EDGE OF PAVEMENT EDGE OF PAVEMENT S.R.O.W. LINE SOUTH PROPERTY LINE N.R.O.W. LINE NORTH PROPERTY LINE 226 ' T O E X I S T I N G F . H . 145' TO HOUSE130' TO HOUSE FIRE SAFTY NOTES 1.AS PER TABLE 18.4.5.1.2. THE MIN. REQUIREDFLOW FOR RESIDENTIAL BUILDING IS 1500GPM FOR 2 HOURS FLOW DURATION, EXISTING FIRE HYDRANT & PROPOSED FIREHYDRANT WILL PROVIDE MUCH MORE THAN1500 GPM. (PLEASE SEE ATTACH REPORT FORFLOW TEST). 2. ALL THE PORTION OF AN EXTERIOR WALL OFTHE FIRST STORY OF THE BUILDING ISLOCATED NOT MORE THAN 150 ft FROM DEPARTMENT ACCESS AS MEASURED BY ANAPPROVED ROUTE THE AROUND THEEXTERIOR OF BUILDING OR FACILITY, IN THEEVENT 150 ft REQUIREMENT NOT MEET FIRE SPRINKLER SHALL BE INSTALL IN THEBUILDING. 3. PROPOSED FIRE HYDRANT LOCATED IN S.W. 52nd STREET WHICH IS ALMOST 200 ft. FROM HOUSE. 4. NO SPRINKLER SYSTEM BEEN PROPOSED FORBUILDING. 5. NO REDUCTION FOR FLOW CALCULATION. ROAD SHALL BE DESIGN TO HOLD ADD NOTE 32 TONS FIRE TRUCK SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 PROPOSED FIRE HYDRANT FIRE RESCUE/ GARBAGE TRUCK GA R B A G E T R U C K CIR C U L A T I O N P L A N UNIT #2 UNIT #3 UNIT #4UNIT #1 1 05/23/25 1 1 1 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 2 : 4 0 - 0 6 ' 0 0 ' ER O S I O N C O N T R O L P L A N SECTION A-A TEMPORARY GRAVEL CONSTRUCTION ENTRANCE N.T.S. C-5 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION PR O J E C T N A M E A D D R E S S : ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 SCALE:0'-1" = 20'-0" 0' 20' 40' 80' EROSION CONTROL PLAN S.W. 52nd STREET CL EDGE OF PAVEMENT EDGE OF PAVEMENT S.R.O.W. LINE SOUTH PROPERTY LINE N.R.O.W. LINE NORTH PROPERTY LINE SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 1 08/02/23 ENGINEERING This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. CL I UNIT #2 UNIT #3 UNIT #4UNIT #1 2 05/23/25 2 2 2 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 3 : 1 0 - 0 6 ' 0 0 ' NO T E S A N D S P E C I F I C A T I O N S C-6 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION PR O J E C T N A M E A D D R E S S : ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A NOVEMBER 2019 011219 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 3 : 4 2 - 0 6 ' 0 0 ' 3' UTILITY EASEMENT UNIT #1 S.W. 52nd STREET NOTE: 1· SCREEN AROUND (3 SITE MIN.) PROPOSED A/C EQUIPMENT AND IRRIGATION PUMP WITH 30" HIGH SHRUB SPACING 24" O.C. 2· LANDSCAPING FOR EACH LOT WILL BE PROVIDED AT TIME OF HOUSE PERMIT FOR INDIVIDUAL LOTS NO PARKING SIGN NO PARKING SIGN PROPOSEDWATER METER PROPOSEDWATER METER FIRE HYDRANT CL CL LIGHT POLE #1 LIGHT POLE #2 LIGHT POLE #4LIGHT POLE #3 LIGHT POLE #5 LIGHT POLE #6 NOTE: 1- ALL THE EQUIPMENT SHALL BE SCREENED ON THREE (3) SIDE W/ LANDSCAPE MATERIAL 30" HEIGHT, 24" O.C. 2- ALL THE PROPOSED TREE SHALL BE INSTALL 15' FROM STRUCTURE AND 20' FROM OTHER SHADE TREE. 3- SHADE TREE IN STREET SHALL BE MIN. 6' FROM EDGE OF PAVEMENT. 4- PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN AT THE SITE AND UN PAVED ROAD R-O-W. 5- AREA BETWEEN 2.5' AND 8' ABOVE ELEV. OF ADJOINING PAVEMENT MUST BE CLEAR OF ANY OBSTRUCTION WITHIN SIGHT TRIANGLE. 6- NO IRRIGATION ALL LANDSCAPE PLAN SHALL BE HAND WATERED UNTIL ESTABLISHED. 7- ALL SHADE CANOPY TREES SHALL BE CATEGORY 1 TREE. 8- NON SHADE TREES SHALL BE LOCATED MIN. 8' AWAY FROM STRUCTURES & 15' FROM OTHER TREES. 12'-14' HG X 5' SPR, 3" DBH. 12'-14' HG X 5' SPR, 3" DBH. QUANTITY MAHOGANY COMMON NAME BOTANICAL NAME SWIETENIA MAHOGANI SPECIFICATIONSMARK 2 Quercus VIRGINIANALIVE OAK 1 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM20 A B C NATIVE YES YES YES 12'-14' HG X 5' SPR, 3" DBH. QUANTITY COMMON NAME BOTANICAL NAME SPECIFICATIONSMARK 11 Quercus VIRGINIANALIVE OAK 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM194 B C NATIVE YES YES - PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN - PLACE 2" MULCH AROUND THE TREES & BOTTOM OF SHRUBS USE ORGANIC MATERIAL ONLY. - PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN - PLACE 2" MULCH AROUND THE TREES & BOTTOM OF SHRUBS USE ORGANIC MATERIAL ONLY. PROPOSED LOTS LANDSCAPING SCHEDULE FOR EACH LOT (EXISTING NOT INCLUDED) PROPOSED ADDITIONAL TREES WITHIN THE SITE (VEHICULAR USE AREA) 12'-14' HG X 5' SPR, 3" DBH. 12'-14' HG X 5' SPR, 3" DBH. QUANTITY MAHOGANY COMMON NAME BOTANICAL NAME SWIETENIA MAHOGANI SPECIFICATIONSMARK 8 Quercus VIRGINIANALIVE OAK 4 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM80 A B C NATIVE YES YES YES TOTAL ON SITE FOR ALL FOUR UNIT LS-1 / 2 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. SIT E L A N D S C A P E P L A N PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A FEBRUARY 20 010220 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. UNIT #2 UNIT #3 UNIT #4 1 05/23/25 1 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 4 : 2 6 - 0 6 ' 0 0 ' LS-2 / 2 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. LO T L A N D S C A P E P L A N PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A FEBRUARY 20 010220 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. UNIT #1 LIGHT POLE #1 1 05/23/25 LICENSE **FLORIDA STA T E O F NO . 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 4 : 5 5 - 0 6 ' 0 0 ' NOTE: 1· SCREEN AROUND (3 SITE MIN.) PROPOSED A/C EQUIPMENT AND IRRIGATION PUMP WITH 30" HIGH SHRUB SPACING 24" O.C. 2· LANDSCAPING FOR EACH LOT WILL BE PROVIDED AT TIME OF HOUSE PERMIT FOR INDIVIDUAL LOTS NOTE: 1- ALL THE EQUIPMENT SHALL BE SCREENED ON THREE (3) SIDE W/ LANDSCAPE MATERIAL 30" HEIGHT, 24" O.C. 2- ALL THE PROPOSED TREE SHALL BE INSTALL 15' FROM STRUCTURE AND 20' FROM OTHER SHADE TREE. 3- SHADE TREE IN STREET SHALL BE MIN. 6' FROM EDGE OF PAVEMENT. 4- PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN AT THE SITE AND UN PAVED ROAD R-O-W.5- AREA BETWEEN 2.5' AND 8' ABOVE ELEV. OF ADJOINING PAVEMENT MUST BE CLEAR OF ANY OBSTRUCTION WITHIN SIGHT TRIANGLE. 6- NO IRRIGATION ALL LANDSCAPE PLAN SHALL BE HAND WATERED UNTIL ESTABLISHED. 7- ALL SHADE CANOPY TREES SHALL BE CATEGORY 1 TREE. 8- NON SHADE TREES SHALL BE LOCATED MIN. 8' AWAY FROM STRUCTURES & 15' FROM OTHER TREES. 12'-14' HG X 5' SPR, 3" DBH. 12'-14' HG X 5' SPR, 3" DBH. QUANTITY MAHOGANY COMMON NAME BOTANICAL NAME SWIETENIA MAHOGANI SPECIFICATIONSMARK 2 Quercus VIRGINIANALIVE OAK 1 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM20 A B C NATIVE YES YES YES 12'-14' HG X 5' SPR, 3" DBH. QUANTITY COMMON NAME BOTANICAL NAME SPECIFICATIONSMARK 11 Quercus VIRGINIANALIVE OAK 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM194 B C NATIVE YES YES - PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN - PLACE 2" MULCH AROUND THE TREES & BOTTOM OF SHRUBS USE ORGANIC MATERIAL ONLY. - PLACE BAHIA SOD (PASPALUM NOTATUM) SOLID EVEN - PLACE 2" MULCH AROUND THE TREES & BOTTOM OF SHRUBS USE ORGANIC MATERIAL ONLY. PROPOSED LOTS LANDSCAPING SCHEDULE FOR EACH LOT (EXISTING NOT INCLUDED) PROPOSED ADDITIONAL TREES WITHIN THE SITE (VEHICULAR USE AREA) 12'-14' HG X 5' SPR, 3" DBH. 12'-14' HG X 5' SPR, 3" DBH. QUANTITY MAHOGANY COMMON NAME BOTANICAL NAME SWIETENIA MAHOGANI SPECIFICATIONSMARK 8 Quercus VIRGINIANALIVE OAK 4 24" X 30" HG, 3 GA. 24" O.C.CHRYSOBALANUS ICACO COCOPLUM80 A B C NATIVE YES YES YES TOTAL ON SITE FOR ALL FOUR UNIT LSM-1 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. S.B. SI T E L A N D S C A P E PR O J E C T N A M E A D D R E S S : SIN G L E F A M I L Y R E S I D E N C E S 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A FEBRUARY 20 010220 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. MITIGATION PLANSITE LANDSCAPE MIT I G A T I O N P L A N MITIGATION PROPOSED CANOPY MITIGATION TABLE REQUIREMENTCATEGORY SQUARE CANOPYLOSS MULTIPLIER CATEGORY IINVASIVECANOPY CATEGORY IIINVASIVECANOPY NON-INVASIVECANOPY SPECIMENTREE VALVE TOTAL 4,799 0 410 N/A 5,209 25% (0.25) 100% 150% (1.5) N/A N/A SQUARE FOOT CANOPYMITIGATIONREGUIRED 1,199.75 0 615 N/A 1,814.75 APPROVEDVALVE N/A N/A N/A NO LIVE OAK BEEN PROPOSED TO BE REMOVED CATEGORY IB REPLACEMENT TREE PRICE 1814.75300 = 6.050 SAY 7X225= 1,575 SECTION OF CODE APPLICABLE TO THE PROJECTSEC 275-170 (B) SCREENING SHRUBS SEC 825-100 (A)(5) 1.5(150%) CANOPY MITIGATION MULTIPLIER FOR NON-INVASIVESEC 825-100 (A)(6) 0.25(25%) CANOPY MITIGATION MULTIPLIER FOR CAT I INVASIVESEC 825-100 (A)(7) CANOPY MITIGATION REQUIREDSEC 875-90275-80 (H), 275-90, 275-160, 275-170, 275-60 & 275-190 (D-G) 3' UTILITY EASEMENT UNIT #1 S.W. 52nd STREET NO PARKING SIGN NO PARKING SIGN PROPOSEDWATER METER PROPOSEDWATER METER FIRE HYDRANT CL CL LIGHT POLE #2 LIGHT POLE #4 LIGHT POLE #3 LIGHT POLE #5 LIGHT POLE #6 UNIT #2 UNIT #3 UNIT #4 LIGHT POLE #1 1 05/23/25 1 LICENSE **FLORIDA STA T E O F NO . 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 6 : 2 4 - 0 6 ' 0 0 ' TYPICAL LIGHT POLE FOUNDATION 0' PHOTOMETRIC PLAN 10' 20' SCALE:0'-1" = 10'-0"40' PH-1 SHEET CONSTRUCTIONDATE BID DATE DATE FILE NAME SCALE CHECKED BY DRAWN BY JOB NUM NO.DATE DESCRIPTION REVISION ALL DRAWINGS AND WRITTEN MATERIALSAPPEARING HEREIN CONSTITUTE THE ORIGINALAND UNPUBLISHED WORK IF A.E.C. INC. ANDMAY NOT BE DUPLICATED, USED, ORDISCLOSED WITHOUT THE EXPRESS WRITTENCONSENT OF A.A.C. INC. ( C) 2003 THE ENGINEER HAS PREPARED PLANS,CALCULATIONS AND SPECIFICATIONS TO THEBEST OF HIS ABILITIES IN COMPLIANCE WHITTHE FLORIDA BUILDING CODE 104.1.5.2004 G.K. B.A. PR O J E C T N A M E A D D R E S S : 4 S I N G L E F A M I L Y H O M E 44 3 2 S W 5 2 N D S T R E E T DA N I A B E A C H , F L O R I D A 11/15/2024 SEALGH A S E M K H A V A N I N P . E . F R # 4 1 9 5 5 DA T E : _ _ _ / _ _ _ / _ _ _ This item has been digitally signed andsealed by GHASEM KHAVANIN on the dateadjacent to the seal. Printed copies of thisdocument are not considered signed andsealed and the signature must be verifiedon any electronic copies. AB A E N G I N E E R I N G A N D CO N S T R U C T I O N I N C . 13 4 2 0 S W 3 6 t h C O U R T DA V I E F L 3 3 3 3 0 PH O N E ( 9 5 4 ) 2 2 4 - 1 3 8 0 PH O T O M E T R I C S I T E P L A N UNIT #2 UNIT #3 UNIT #4UNIT #1 1 05/23/25 1 LICENSE **FLORIDA STA T E O F NO. 4 1 9 5 5 ** ** Dig i t a l l y s i g n e d by G H A S E M KH A V A N I N Da t e : 20 2 5 . 0 6 . 3 0 15 : 1 7 : 0 9 - 0 6 ' 0 0 ' Law Offices COKER & FEINER 1404 South Andrews Avenue Fort Lauderdale, FL 33316-1840 Telephone: (954) 761-3636 E-mail: rafeiner@coker-feiner.com July 9, 2025 Re: Notice of Community Meeting Dear Neighbor: Please be advised that this firm represents R Roma Holding LLC. This letter is to invite you to a community meeting relating to a site plan modification for property located at 4432 SW 52nd Street. The property is generally located on south of SW 52nd Street between SW 43rd Terrance and State Road 7. A location map for the project is on the back of this letter. R Roma Holdings LLC is currently pursuing a site plan modification for a development of 4 single-family homes through the City of Dania Beach in order to allow the approved site plan which had four (1) story single-family homes to be amended to allow four (2) story single-family homes. The Applicant is seeking to amend the site plan to allow a second story on the previously approved homes. The footprint of th homes is not changing. As you are the project’s neighbors we would like to introduce you to the propose amendment, answer any questions you may have and receive your input into the project. We have scheduled a virtual meeting at the following location: Date: July 23, 2025 Time: 6:30 PM Zoom Detail: Meeting Id: 981 683 7318 Password: 802388 At the Zoom meeting we will also screen share a copy of the proposed elevations and site plan for you to review. Of course, if you have any questions or would like to speak with me, please feel free to call me at the e-mail or phone number above. Sincerely, /s/ Rod A. Feiner ROD A. FEINER For the Firm Please note: More than one elected official may appear at the community meeting and should disclose their attendance at said meeting once the City Commission is to hear the quasi-judicial item. name add city state zip zip 4 4133 TAW LLC 4041 THOMAS ST HOLLYWOOD FL 33021 4365 TRUST NO 1302013L6 LLC TRSTEE 4539 ROYAL PALM AVE MIAMI BEACH FL 33140 4475 MANAGEMENT LLC 2063 E 67 ST BROOKLYN NY 11234 4530 SW 54TH STREETAPT 205-D LLC 2811 EVANS ST HOLLYWOOD FL 33020 5377 SW 40 AVE #204 LLC 3315 OAK DR HOLLYWOOD FL 33021 ABRAMOV,OFIR H/EABRAMOV,RAHAMIM 5377 SW 40 AVE #201 DANIA BEACHFL 33314 ACOSTA,ANDREA 3742 SAN SIMEON CIR WESTON FL 33331 AGUIAR,JUAN MIGUEL 4484 SW 50 ST DANIA BEACHFL 33314 5729 ALEXANDROVA,SVETLANA PETROVA 5379 SW 40 AVE UNIT 204 DANIA BEACHFL 33314 6526 ALKOBY,DAVIDSEREIX,ODA 4232 SW 51 ST DAVIE FL 33314 ALL STATES INVESTMENT LLC 3315 OAK DR HOLLYWOOD FL 33021 ALVAREZ,LUIS H & CECILIA 4485 SW 50 ST DANIA BEACHFL 33314 5728 AMOYAL,OZGABAY,ESTHER 4936 SW 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Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director Claudia Viviana Batista, Planning and Zoning Manager Jessica Mackey, E.I., Planner SUBJECT: SP-042-20MOD/OT-017-25: The applicant, AMOPT, LLC, is requesting a Design Variation and Site Plan Modification and to install a steel climbing structure and an associated canopy for the property located at 25 W. Dixie Highway. Request: DESIGN VARIATION BUILDING PLACEMENT To increase the build-to-line of the proposed canopy up to twenty-four feet (24’), where the required build-to-line is between eight feet (8’) and twelve feet (12’) per Land Development Code (LDC) Section 303-80 (L). SITE PLAN MODIFICATION The applicant is requesting a Site Plan modification to install a twenty-five-foot (25’) high prefabricated steel climbing structure to be used for training and an associated canopy over the climbing structure for screening purposes. Property Information CURRENT ZONING: South Federal Mixed-Use (SFED-MU) LAND USE DESIGNATION: Regional Activity Center (RAC) SITE ACREAGE: 1.23 net acres (53,510 SF) / 1.61 gross acres (70,204 SF) EXISTING USE: Specialty school VIOLATIONS ON PROPERTY None Background: The subject property is one of two parcels that encompass a 1.23-net acre site located at the southwest corner of W. Dixie Highway and S. Federal Highway. The properties lie in the South Federal Mixed-Use (SFED-MU) zoning district. The site is part of the American Maritime Officer Plans’ STAR Center specialty school campus, which includes classrooms, a shooting range for small arms training, and office space. The original Site Plan (SP-042-20) for a one story, 14,170 SF training facility was approved on September 14, 2020 (R-2020-105). The Site Plan application was accompanied by a request for Special Exception approval (SE-048-20). The Special Exception was for its principal frontage street to be a street other than South Federal Highway and Sheridan Street. The principal street frontage for this proposed specialty school is Old Dixie Highway, therefore a Special Exception was required. The Site Plan was also accompanied by several Variance requests which include the following: 1. For the elimination of on-street parking and associated landscaping along SW 2nd Avenue and SW 10th Street where the City’s Code of Ordinance Section 306-20, Section 22-27 and CRA Street Code CE-3 requires the installation of same (VA-043-20). 2. To provide a 10’-0” high perimeter wall where LDC Section 309-40 requires a maximum of four feet (4’-0”) (VA-044-20). 3. To provide twenty (20) off street parking spaces where LDC code Section 265-50 requires forty-five (45) (VA-045-20). 4. To provide a building placement between 13’-8” to 18’-1 where LDC Section 303-80 (L) requires 8’-0” to 12’-0” (VA-046-20). 5. To provide Silver Buttonwood and FPL approved street trees along Old Dixie Highway where LDC Section 307-20 (A) requires Sabal Palms (VA-047-20). 6. The elimination of a garbage dumpster and related enclosure where LDC Section 290-20 requires a garbage dumpster and enclosure on site (VA-063-20). The building was built in 2023 and is currently occupied by the STAR Center as a training facility. DESIGN VARIATION BUILDING PLACEMENT The applicant is currently requesting a Design Variation to waive the SFED-MU District building placement by increasing the build-to-line of the proposed canopy up to twenty-four feet (24’), where the required build-to-line is between eight feet (8’) and twelve (12’) for buildings fronting primary streets per LDC 303-80 (L). This provision of the LDC ensures building placement is close to the property line to create an urban style development. The information for this Design Variation request is provided below from the applicant and addresses the criteria identified in Section 301-50(D) of the LDC: 1. “Whether the request is for a reasonable accommodation of design flexibility that results in overall superior development and design consistent with the intent and principles of this subpart that govern the standard for which variation is requested; or.” Applicant: Increasing the setback allows for the accessory structure to sit further back from frontage to reduce the structure from public view. This approach allows the design to better blend with the surrounding context and maintain the character of the neighborhood. Community Development staff agree with this statement. The proposed canopy accessory structure setback will reduce the visibility of the training tower from the street view as it will be placed behind the existing ten-foot (10’) wall and is consistent with the existing character of the AMO/Star Center building. Staff consider the setback variation request is needed in order to accommodate the existing conditions of the property and maximize the use of the property for the development. 2. “Whether the variation is appropriate to accommodate site conditions not anticipated in these regulations, or to reconcile conflicting requirements, provided the request is generally consistent with the intent and principles of this subpart that govern the standard for which variation is requested.” Applicant: The increase setback allows preservation of the existing landscape along the perimeter wall. Retaining this natural buffer supports our sustainability goals and contributes to the overall aesthetic of the site. Community Development staff agree with this assessment. The site has a preexisting wall intended for screening and the location of the climbing tower is appropriate given the location of the existing the ten-foot (10’) wall and buildings. Site Plan Modification The applicant is requesting to modify the previously approved Site Plan to install a twenty-five- foot (25’) high prefabricated steel climbing structure to be used for training and an associated 40’ x 15’ x 30’ aluminum canopy with a grey canvas screening over the climbing structure. The steel climbing structure will serve to support training certifications for the offshore wind industry. This training is needed for industry personnel for preventing accidents, ensuring personnel can properly use fall protection equipment, and basic emergency rescue operations. A summary of the outreach meeting is included in the back-up materials. COMMUNITY OUTREACH Community outreach was requested of the applicant by staff. A community meeting was held on July 22, 2025 via Zoom. The meeting room was open at 5:00pm and we held off on starting the meeting until 5:25 PM to allow others to participate. There was a total of six (6) participants, including a City representative and a resident. The details of the project were presented, an opportunity for questions was given as well as information regarding the public hearing meeting on August 26th. RESILIENCY To effectively provide for the drainage of stormwater, LDC Section 303-80 (D) states that the minimum pervious landscaped lot area is fifteen percent (15%) in the SFED-MU zone. Based on the applicant’s preliminary drainage report and plans, it does indicate that the project will be designed to meet the city’s stormwater requirements The impervious area for the entire site will be 55% (29,443 SF), including the addition of pervious areas for the training tower and the vacant portion, thereby meeting the Code requirement. The City’s Code of Ordinance requires a Storm Water Management Plan to be submitted and approved prior to issuance of a building permit. A stormwater management plan is mandatory for all projects that change the surface to be impervious or alter pervious areas, regardless of City Commission approval. Post-development runoff must not exceed predevelopment runoff rates for a 25-year storm event. The City's current drainage level of service is to retain the first inch of rainfall on-site and maintain predevelopment runoff rates for a 25-year storm event. The City enforces a "General Requirements" stormwater management plan, including an "interim design standard" specifying groundwater and surface water levels before a design event. Development Review Committee (DRC) The Site Plan application was reviewed by the DRC on May 21, 2025 and June 26, 2025; the committee includes personnel from the BSO Fire, Public Services, the City’s landscape consultant, the City’s engineering consultant, the City’s traffic engineering consultant and the Community Development Department’s Planning Division. The applicant has several outstanding staff comments that must be addressed prior to issuance of a building permit, or otherwise specified time frame, which are provided below. The DRC comments are listed as conditions of approval in the site plan resolution and are provided below: 1. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant’s property identified in Exhibit “A”, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the owner’s expense. (Engineering) 2. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process. (Engineering) 3. All outside agency permits and approvals will be required at the time of Building and Right-of-Way (ROW) permitting. (Engineering) 4. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, Applicant must obtain Staging Plan approval from the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, location of equipment and material during construction. (Planning and Zoning) 5. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for period of construction prior to issuance of a building permit. (Planning and Zoning) Comprehensive Plan This application supports the City’s Comprehensive Plan by furthering the following goals, objectives and policies: Future Land Use Element • Policy 1.1.1.2 Provide commercialized activities to serve the residents of the community. • Objective 1.1.5 Maintain land development regulations, zoning ordinances and other administrative rules to implement the comprehensive plan. • Policy 1.1.8.1 Adequate drainage and stormwater management shall be provided for all development. • Policy 1.1.8.3 Safe and convenient on site traffic flow shall be provided in accordance with the Comprehensive Plan and the land development regulations. • Policy 1.1.8.4 Adequate vehicular parking shall be provided for new development in accordance with the land development regulations. Property Rights Element • Policy 11.1.1.3 The City will continue to respect the judicially acknowledged and constitutionally protected right of the property owner to privacy and exclude others from their property to protect the owner’s processions and property. Budgetary Impact No budgetary impact applicable for this request. Recommendation Approve the resolution for the Design Variation and Site Plan Modification, providing that the remaining DRC comments are made conditions of approval and must be addressed prior to the issuance of a building permit. 1 RESOLUTION #2025-______ RESOLUTION NO. 2025- ____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP- 042-20MOD) AND DESIGN VARIATION (OT-017-25) SUBMITTED BY THE OWNER, AMOPT, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 25 W. DIXIE HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Code of Ordinances, Chapter 28, entitled “Land Development Code” (the “LDC”), of Part 6, entitled “Development Review Procedures and Requirements”, Article 635, entitled “Site Plans”, states that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, AMOPT, LLC (“AMOPT”) (the “Applicant”) is requesting approval of a Site Plan Modification (SP-042-20MOD) to install a prefabricated steel climbing structure that is to be used for training as well as a pre-fabricated aluminum shade canopy over the climbing structure on the property located at 25 W. Dixie Highway, in the City of Dania Beach, as more particularly described on the attached Exhibit “A” (“Property”), which is made a part of and incorporated into this Resolution; and WHEREAS, the Applicant is requesting approval of a Site Plan Modification (SP- 042-20MOD) to install on the property a new 600 square foot concrete pad to accommodate a 25 feet high prefabricated steel climbing structure and an associated 40’ x 15’ x 30’ tall canopy over the climbing structure for screening purposes, consistent with the attached site plan provided as Exhibit "B", a copy of which is made a part of and incorporated into this resolution; and WHEREAS, the Applicant is requesting a Design Variation from the build-to-line requirement for the building placement of the canopy (OT-017-25); and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s staff report analyzes the Applicant’s request based on the criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and 2 RESOLUTION #2025-______ WHEREAS, the City Commission finds that the approval of the proposed Site Plan Modification (SP-042-20MOD) and Design Variation (OT-017-25) are consistent with the City’s Land Development Code and Comprehensive Plan and will protect the public health. safety, and welfare of the residents of the city, and furthers the purpose, goals, objectives, and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed and are made part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site Plan Modification (SP-042-20MOD) attached as Exhibit "B" is approved. Section 3. That pursuant to Chapter 28 "Land Development Code," Subpart 1, Article 301, "Legal and Administrative Provisions," Section 301-50, "Variations in design; procedure for review of design variations," the following Design Variation Application (OT-017-25) is approved as consistent with the Site Plan provided in Exhibit "B". Section 4. That the approval granted by this Resolution is subject to the Applicant's compliance with the following conditions: 1. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant’s property identified in Exhibit “A”, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the owner’s expense. (Engineering) 2. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process. (Engineering) 3. All outside agency permits and approvals will be required at the time of Building and Right-of- Way (ROW) permitting. (Engineering) 4. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, Applicant must obtain Staging Plan approval from the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, location of equipment and material during construction. (Planning and Zoning) 3 RESOLUTION #2025-______ 5. For all projects resulting in the buildout of the site, such that construction staging cannot occur on site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for period of construction prior to issuance of a building permit. (Planning and Zoning) Section 5. That the associated Staff Report prepared for the above applications is incorporated into this resolution as findings of fact is ratified and confirmed as being true and correct and is made a specific part of the Resolution. Section 6. Pursuant to Section 635-100 “Expiration of Site Plans; procedure for extension,” of the Land Development Code, the site plan approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan, within eighteen (18) months from the date of this Resolution. Section 7. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 8. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9. That this Resolution shall effective 10 days after passage. PASSED AND ADOPTED on _______, 2025 PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ 4 RESOLUTION #2025-______ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 5 RESOLUTION #2025-______ EXHIBIT “A” LEGAL DESCRIPTION A PORTION OF THE SOUTH 300 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 86515-2601 MISCELLANEOUS PLAT BOOK 6, PAGE 38, TOGETHER WITH TRACT "A" OF "TACO BELL AT DANIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 166, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE SOUTH 00°22'42" WEST ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT "A" 25.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET, AS DEDICATED BY "NORTH HOLLYWOOD", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 1, OF SAID PUBLIC RECORDS; THENCE SOUTH 89°30'09" WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE 441.19 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SW 2ND AVENUE AS DEDICATED BY DEED BOOK 679, PAGE 613, OF SAID PUBLIC RECORDS; THENCE NORTH 00°22'52" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 120.39 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS DEDICATED BY OFFICIAL RECORDS BOOK 2862, PAGE 753 AND OFFICIAL RECORDS BOOK 3315, PAGE 548, OF SAID PUBLIC RECORDS; THENCE NORTH 50°10'42" EAST ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 283.46 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL TO THE AFOREMENTIONED SOUTH LINE AND NORTH RIGHT-OF-WAY LINE; THENCE NORTH 89°30'09" EAST ALONG SAID PARALLEL LINE 387.66 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1) (STATE ROAD NO. 5), AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 86010-2510, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "A"; THENCE SOUTH 00°22'38" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, SAID NORTHERLY EXTENSION, AND SAID EAST LINE 245.50 FEET TO THE EASTERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 44°56'26" WEST ALONG THE SOUTHEAST LINE OF SAID TRACT "A" 42.10 FEET TO THE SOUTHERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89°30'09" WEST ALONG THE SOUTH LINE OF SAID TRACT "A", ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET AS DEDICATED BY SAID PLAT, 133.47 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, AND CONTAINING 157,302 SQUARE FEET (3.6112 ACRES), MORE OR LESS FT LAUDERDALE MIAMI 3501 Griffin Rd 8400 NW 36th St, Suite 450 sma@saltzmichelson.com Fort Lauderdale, FL 33312 Doral, FL 33166 saltzmichelson.com 954.266.2700 305.764.3138 AR0009976 MSC Facility Training Tower and Canopy 25 W. Dixie Highway (Formerly 922 S. Federal Highway) Dania Beach, FL 33004 Site Plan Modification Narrative_R1 ADDITION OF A 600 SF CONCRETE PAD ADJACENT TO THE EXISTING MSC TRAINING FACILITY TO ACCOMMODATE THE INSTALLATION OF A PRE-FABRICATED STEEL TRAINING TOWER. IT SHALL BE LOCATED ADJACENT TO THE EXISTING MSC TRAINING FACILITY BUILDING, WITHIN ITS 10 FT PERIMETER FENCE/WALL. THE TRAINING TOWER IS 25 FT TALL. A 40 FT X 15 FT X 30 FT TALL WHITE ALUMINUM CANOPY WILL BE PROVIDED OVER THE TOWER IN ORDER TO PROVIDE SHADE DURING TRAINING EXERCISES AND PROTECTION OF THE TOWER FROM RAIN. A 20 FT TALL GRAY CANVAS WILL BE INSTALLED AT THE STREET FACING (NORTH AND WEST) SIDES OF THE CANOPY IN ORDER TO SCREEN THE TOWER FROM VIEW. THIS TRAINING TOWER ADDITION WILL PROVIDE NEW TRAINING COURSES FOR THE STUDENTS ON THE AMO CAMPUS WHO ALREADY ATTEND OTHER COURSES FOR CERTIFICATION. THERE IS NO INCREASE IN TRAFFIC FLOW OR PARKING DUE TO THIS PROJECT. THERE IS NO CHANGE TO EXISTING ZONING, ACCESS DRIVEWAYS OR FIRE ACCESS WITHIN THE SITE. THE CANOPY HEIGHT IS ONLY A 5 FT INCREASE OVER THE TALLEST EXISTING BUILDING HEIGHT, WHICH IS 25 FT. LOT COVERAGE (IMPERVIOUS AREA) INCREASES FROM 54% TO 55%, LESS THAN 2% WITH THE 600 SF COVERAGE ADDED. THE WORK WILL ONLY REQUIRE RELOCATION OF (2) CHRISTMAS PALM TREES WITHIN THE SITE. FT LAUDERDALE MIAMI 3501 Griffin Rd 8400 NW 36th St, Suite 450 sma@saltzmichelson.com Fort Lauderdale, FL 33312 Doral, FL 33166 saltzmichelson.com 954.266.2700 305.764.3138 AR0009976 May 29, 2025 Eleanor Norena Community Development Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: SP-042-20MOD AMO Site Plan Modification Design Variation Application Criteria Statement per Section 301-50 (D) of the Land Development Code Dear Ms. Norena, I am writing on behalf of my client AMOPT LLC regarding their requests for a design variation as part of the site plan modification application. Code Section Requirement Proposed Variance 301-50 (D) Building Placement: 8’ to 12’ Existing Variance VA-046-20 setback: 13’8” to 18’-1” Setback up to 24’-0” Increase in setback reduces street visibility of proposed canopy accessory structure and allows for preservation of existing landscape. The existing Variance VA-046-20 allows building placement to be between 13’-8” and 18’-1”. The proposed canopy accessory structure setback will be greater than 18’-1” in order to reduce its visibility from the street view and allow preservation of the existing landscape shrubs along the interior of the perimeter fence. We are requesting a design variation to increase of the allowable setback for up to 24’-0” to accommodate the installation of the proposed canopy accessory structure. For this design variation request, please find attached the following Criteria Statement pursuant to LDC Section 301-50 (D) for the design variation listed above. Sincerely, Saltz Michelson Architects, Inc. Mary Farlander Principal SP-042-20MOD Design Variation Narrative Page 2 of 2 GLOBAL THINKING, LOCALLY MINDED. AR0009976 Criteria Statement Section 301-50 (D) of the LDC sets forth the criteria that follow, which the present application satisfies as detailed below. 301-50 (D) Standard of review for design variations. The planning and zoning board or city commission, as applicable, shall use the following criteria when evaluating requests for design variation. 1. Whether the request is for a reasonable accommodation of design flexibility that results in overall superior development and design consistent with the intent and principles of this subpart that govern the standard for which variation is requested. Increasing the setback allows for the accessory structure to sit further back from building frontage to reduce the site from public view. This approach allows the design to better blend with the surrounding context and maintain the character of the neighborhood. 2. Whether the variation is appropriate to accommodate site conditions not anticipated in these regulations, or to reconcile conflicting requirements, provided the request is generally consistent with the intent and principles of this subpart that govern the standard for which variation is requested. The increase setback allows preservation of the existing landscape along the perimeter wall. Retaining this natural buffer supports our sustainability goals and contributes to the overall aesthetic of the site. 1 Mackey, Jessica From:Mackey, Jessica Sent:Wednesday, June 18, 2025 5:00 PM To:'Mary Farlander' Cc:Adrianna Martinez (AMartinez@amoplans.com); Batista, Viviana Claudia Subject:RE: Next Step - SP-042-20MOD AMO Site Plan Modification, 2nd Review Thank you. The Tier I zoning comments have been satisfied. Jessica Mackey , Planner jmackey@daniabeachfl.gov | daniabeachfl.gov 100 W Dania Beach Blvd., Dania Beach , FL , 33004 Phone: 954.924.6800, x3639 R.I.S.E. - RESPECT, INTEGRITY AND STANDARD OF EXCELLENCE Please note: Florida has a very broad public records law. Most written communications, including emails, to or from City officials regarding City business are public records and may be subject to public disclosure. From: Mary Farlander <mfarlander@saltzmichelson.com> Sent: Wednesday, June 18, 2025 4:58 PM To: Mackey, Jessica <jmackey@daniabeachfl.gov> Cc: Adrianna Martinez (AMartinez@amoplans.com) <AMartinez@amoplans.com> Subject: RE: Next Step - SP-042-20MOD AMO Site Plan Modification, 2nd Review CAUTION: This email originated from outside the City of Dania Beach. Do not click links or open attachments unless you recognize the sender and expect the content. Jessica, Thank you for the phone call today! I’m glad to get confirmation that the comments are minor and we do not need a third review. That is excellent news! As we discussed for Item #2, I calculated the gross area for Parcel A by adding the area up to the centerlines of CGBANNERINDICATOR Jessica, Thank you for the phone call today! I’m glad to get confirmation that the comments are minor and we do not need a third review. That is excellent news! As we discussed for Item #2, I calculated the gross area for Parcel A by adding the area up to the centerlines of Dixie, 2nd Ave and 10th Street – adjacent to only Parel A. I came up with a gross area of 1.61 acres. I have added it to the table on Sheet A1.00 for the final public hearing submission, screen shot below. For item #3, since the canopy roof edge is the same as the edge of concrete pad (21’-7”), the comment is satisfied, and no revision is needed. For item #4, I will officially submit the lien search with the final public hearing submission documents. 2 Thanks, Mary Farlander, RA Principal | Shareholder 3501 Griffin Road, Fort Lauderdale, FL 33312 Phone: 954.266.2700 | Direct: 954.266.2721 mfarlander@saltzmichelson.com | www.saltzmichelson.com From: Mary Farlander Sent: Wednesday, June 18, 2025 1:35 PM To: jmackey@daniabeachfl.gov Cc: Adrianna Martinez (AMartinez@amoplans.com) <AMartinez@amoplans.com> Subject: FW: Next Step - SP-042-20MOD AMO Site Plan Modification, 2nd Review Hi Jessica, I received the comments and would like to address them with you now, ahead of the second DRC meeting. I hope since these are minor, we can stay on track for the August public hearing and a third round of review is not required. Below are the 3 comments highlighted: 3 Item #2 – Since we are only working in Parcel A, I did not understand what you wanted to see. I will add the following table to the site plan sheet that shows net area for each parcel and the total gross area for the entire property. Please confirm this is acceptable. 4 Item #3 – We are asking for a setback variation of up to 24 ft, which gives some leeway for the canopy to be installed within that BTL. The 24 ft was clearly shown on the site plan (highlighted in screen shot below). Is that not acceptable? Your comment makes it sound like the setback variation needs to be the exact dimension that the canopy is going to be installed from the property line. If that is the case, then what do we measure to – the face of the canopy column or face of the canopy overhang roof line? If face of roof line, then it is 21’-7” which aligns with the concrete pad. If we must use the exact dimension for the setback variation, then I will have to update all documentation that references this setback variation. But again, this is a minor fix. Items #4 – The lien search is complete, see attached. I thought it was due at the time that we submit ALL the documents for public hearing, so I did not upload it with the last submission. Thanks, Mary Farlander, RA 5 Principal | Shareholder 3501 Griffin Road, Fort Lauderdale, FL 33312 Phone: 954.266.2700 | Direct: 954.266.2721 mfarlander@saltzmichelson.com | www.saltzmichelson.com From: CAP <noreply@geocivix.com> Sent: Wednesday, June 18, 2025 11:15 AM To: Mary Farlander <mfarlander@saltzmichelson.com> Cc: cdelpino@capfla.com; clajoie@daniabeachfl.gov; ilarios@daniabeachfl.gov; jalvarez@capfla.com Subject: Next Step - SP-042-20MOD AMO Site Plan Modification, 2nd Review Hello Mary Farlander, Review Disapproved. Note that your project has been reviewed by DRC twice or more. Please coordinate with the Reviewer(s) corresponding to the discipline(s) for the remaining comments. This project cannot proceed to public hearing with outstanding Tier 1 comments remaining. You may find the Reviewers' email addresses below. Please contact the Planner who reviewed your project for further information. Note that if you opt to resubmit for the third time, a filing fee of a $1,000.00 will be required. https://cap.geocivix.com/secure/project/permits/?projectid=1715394&step=resubmit Caution: This is an EXTERNAL email and could contain suspicious links and attachments. Please BE CAREFUL clicking links or opening attachments. When in doubt, please contact Mitech Support. 6 Application Type: Express Review Workflow: Express Workflow Project: SP-042-20MOD AMO Site Plan Modification, 2nd Review Related Project Tracking ID: SP-042-20MOD Open Issues: 2 Document Redlines: 0 You can view the list of open issues and document redlines here: https://cap.geocivix.com/secure/project/?projectid=1715394 Once you have made your corrections, you can begin the resubmittal process here: https://cap.geocivix.com/secure/project/permits/?projectid=1715394&step=resubmit CAP government 343 Almeria Ave. Coral Gables, FL 33134 PHONE: 305.448.1711 | FAX 305.448.1712 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:12-04'00' 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:20-04'00' 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:27-04'00' 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:34-04'00' ),1,6+)/225 72+,*+522) 723$5$3(7 72/2:522) 35(&$67&21&35,9$&<:$// 723$5$3(7 '2256%(+,1':$// 72&$123< $/80,180&$123<:,7+*5$<&$19$66&5((1,1* ),1,6+)/225 72/2:522) 35(&$67&21&35,9$&<:$// 723$5$3(7 72&$123< $/80,180&$123<%(<21' ),1,6+)/225 723$5$3(7 72/2:522) 35(&$67&21&35,9$&<:$// 72&$123< $/80,180&$123<:,7+*5$<&$19$66&5((1,1* 75$,1,1*72:(581'(5&$123< ),1,6+)/225 723$5$3(7 72/2:522) $/80&$123< 723$5$3(7 72&$123< 75$,1,1*72:(581'(5&$123< (;,67,1*&2/25/(*(1' &2/25 (;75$:+,7(%$6(3$,17 12$''('&2/25 &2/25 6: )5$1.%/8( &2/25 6:$02/,*+7*5$<6:/$77,&( &2/25 6:$02'$5.*5$< &86720&2/25,16:'$7$%$6( $1:(/(9$7,21 $ 6:(/(9$7,21 $1((/(9$7,21 $6((/(9$7,21 'UD Z L Q J Q D P H & ? 8 V H U V ? E V H Q Q D ? ' R F X P H Q W V ? % B 5 B $ B 0 6 & 7 U D L QLQ J ) D F L O L W \ B % 6 H Q Q D 5 ) - U Y W Digitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.20 08:18:20-04'00' 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:48-04'00' 06/18/2025 Charles A MichelsonDigitally signed by Charles A MichelsonDN: CN=Charles A Michelson, dnQualifier=A01410D00000190E17F61CA000203DB,O=Unaffiliated, C=USDate: 2025.06.18 17:46:54-04'00' WEST D I X I E H I G H W A Y SW 10TH STREET SW 2 N D A V E N U E A A EXISTING BUILDING FFE = 11.08' NAVD S F e d e r a l H w y US-1 W Dix i e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 SECTION A-A NOTE: 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA0009976 Charles Michelson AR0009976 REVISIONS Date: Checked By: Drawn By: Project No.:2025-122 MS C T R A I N I N G F A C I L I T Y TR A I N I N G T O W E R A N D C A N O P Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 C-1 05-30-2025 SCH HS No. 41831 STATE OF L ICENSE FLORI D A PROFESSIONAL ENGINEER SUSA N C HOLLAND This item has been digitally signed & sealed bySusan C. Holland, P.E. Printed copies of thisdocument are not considered signed and sealedand the signature must be verified on anyelectronic copies. LOCATION MAP NOTE: LEGEND SUSAN C. HOLLANDSTATE OF FLORIDA PROFESSIONAL ENGINEERLICENSE No. 41831 GRADINGPLAN Susan C Hollan d Digitally signed by Susan C Holland Date: 2025.05.28 13:17:41 -04'00' S F e d e r a l H w y US-1 W Dixi e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 POLLUTION PREVENTION FOR DRAINAGE STRUCTURES DETAIL TYPE III SILT FENCE DETAIL WEST D I X I E H I G H W A Y SW 10TH STREET SW 2 N D A V E N U E EXISTING BUILDING 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA0009976 Charles Michelson AR0009976 REVISIONS Date: Checked By: Drawn By: Project No.:2025-122 MS C T R A I N I N G F A C I L I T Y TR A I N I N G T O W E R A N D C A N O P Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 C-2 05-30-2025 SCH HS No. 41831 STATE OF L ICENSE FLORI D A PROFESSIONAL ENGINEER SUSA N C HOLLAND This item has been digitally signed & sealed bySusan C. Holland, P.E. Printed copies of thisdocument are not considered signed and sealedand the signature must be verified on anyelectronic copies. LOCATION MAP LEGEND SUSAN C. HOLLANDSTATE OF FLORIDA PROFESSIONAL ENGINEERLICENSE No. 41831 STORMWATER POLLUTIONPREVENTIONPLAN Susan C Holland Digitally signed by Susan C Holland Date: 2025.05.28 13:18:08 -04'00' SURVEY DATE: 04/26/25 NOTES: CERTIFICATION: LEGAL DESCRIPTION: . John F Pulice Digitally signed by John F Pulice Date: 2025.05.22 12:29:52 -04'00' 4, 2 3 7 ' - 9 " 1,000'-0" 1. An application to construct, substantially change, alter, modify or repair a building or structure that would exceed two hundred (200) feet in height above ground level (AGL), measured to the highest point of the building or structure; and 2. An application to construct, substantially change, alter, modify or repair building or structure that would be situated within twenty thousand (20,000) horizontal feet of runway, and that would be of a height that is greater than one (1) foot for each one hundred (100) feet of separation between the building and the nearest point of any runway (a 1:100 ratio of height to horizontal distance). Section 220-20 FAA Height Restrictions Training Tower and Canopy at MSC Training Facility 1. Training tower is 25'-0" above ground level. 2. Canopy is 30'-0" above ground level. 3. 4,237 ft of separation/100 = 42.37 ft max building height allowed. / 25 W. Dixie Hwy LOT 11 LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 20 LOT 1 LOT 2 LOT 3 LOT 4 APPLICABLE BUILDING CODES:Florida Building Code 2017 Edition Florida Fire Prevention Code (FFPC) 6th Edition, 2017 Broward County Amendments TYPE OF CONSTRUCTION:Type II-B (FBC) and Type II (000) (NFPA) Fully sprinklered BUILDING HEIGHT:Allowable:4 stories, 75 ft Provided:1 story, 25 ft BUILDING GROSS AREA:Allowable:92,000 sf Provided:14,170 sf OCCUPANCY TYPE PER FBC CHAPTER 3/ NFPA 101.6.1:Business occupancy 'B' OCCUPANT LOAD PER FBC TABLE 1004.1.2/ NFPA 101 TABLE 7.3.1.2: Small arms training (11,732) Shooting range, A-3 (4,231 sf -9 lanes): 5 persons/ lane = 5 x 9 = 45 Occupants Business (5,595 sf): 100 Gross S.F./ Person = 5,595 / 100 = 55 Occupants Classrooms (1,906 sf):20 Net S.F./ Person = 1,906 / 20 = 95 Occupants Occupant Load: 195 Occupants MSC operations and training (2,438) Business (1,461 sf): 100 Gross S.F./ Person = 1,461 / 100 = 14 Occupants Classrooms (977 sf):20 Net S.F./ Person = 977 / 20 = 48 Occupants Occupant Load: 62 Occupants Total Occupant Load:257 Occupants NUMBER OF MEANS OF EGRESS FOR BUSINESS OCC.-PER NFPA 101.38.2.4/ 101.7.4: Small arms training # of exits required = 2 # of exits provided = 4 MSC operations and training # of exits required = 2 # of exits provided = 2 A PORTION OF THE SOUTH 300 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 86515-2601 MISCELLANEOUS PLAT BOOK 6, PAGE 38, TOGETHER WITH TRACT "A" OF "TACO BELL AT DANIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 166, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE SOUTH 00°22'42" WEST ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT "A" 25.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET, AS DEDICATED BY "NORTH HOLLYWOOD", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 1, OF SAID PUBLIC RECORDS;THENCE SOUTH 89°30'09" WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE 441.19 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SW 2ND AVENUE AS DEDICATED BY DEED BOOK 679, PAGE 613, OF SAID PUBLIC RECORDS; THENCE NORTH 00°22'52" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 120.39 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WEST DIXIE HIGHWAY AS DEDICATED BY OFFICIAL RECORDS BOOK 2862, PAGE 753 AND OFFICIAL RECORDS BOOK 3315, PAGE 548, OF SAID PUBLIC RECORDS; THENCE NORTH 50°10'42" EAST ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 283.46 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF AND PARALLEL TO THE AFOREMENTIONED SOUTH LINE AND NORTH RIGHT-OF-WAY LINE; THENCE NORTH 89°30'09" EAST ALONG SAID PARALLEL LINE 387.66 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1) (STATE ROAD NO. 5), AS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 86010-2510, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "A"; THENCE SOUTH 00°22'38" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, SAID NORTHERLY EXTENSION, AND SAID EAST LINE 245.50 FEET TO THE EASTERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 44°56'26" WEST ALONG THE SOUTHEAST LINE OF SAID TRACT "A" 42.10 FEET TO THE SOUTHERLY SOUTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89° 30'09" WEST ALONG THE SOUTH LINE OF SAID TRACT "A", ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SW 10TH STREET AS DEDICATED BY SAID PLAT, 133.47 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, AND CONTAINING 157,302 SQUARE FEET (3.6112 ACRES), MORE OR LESS OWNER/ DEVELOPER: AMERICAN MARITIME OFFICERS PLANS 2 W DIXIE HWY DANIA BEACH, FLORIDA, 33004 TELEPHONE: (954) 920-4247 ARCHITECT:SALTZ MICHELSON ARCHITECTS 3501 GRIFFIN ROAD FORT LAUDERDALE, FLORIDA, 33312 TELEPHONE: (954) 266-2700 CIVIL:HOLLAND ENGINEERING, INC. 1120 SE 3RD AVE FORT LAUDERDALE, FLORIDA, 33316 TELEPHONE: (954) 367-0371 LANDSCAPE:DAVE BODKER LANDSCAPE ARCHITECTURE/PLANNING, INC. 601 N. CONGRESS AVE, #105A DELRAY BEACH, FLORIDA, 33445 TELEPHONE: (561) 276-6311 SURVEYOR:PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA, 33351 TELEPHONE: (954) 572-1777 ELECTRICAL ENGINEER: KAMM CONSULTING 1407 W. NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA, 33442 TELEPHONE: (954) 949-2200 DIXIE HWY & SW 2ND AVE ACCESS RD. & S. FEDERAL HWY SW 10TH ST & S. FEDERAL HWY SW 10TH ST & SW 2ND AVE PROJECT SITE SFED-MU NBHD-MU NBHD-RES NBHD-RES RM-2 RS-6000NBHD-RES OS NBHD-RES -NEIGHBORHOOD RESIDENTIAL DISTRICT SFED-MU -SOUTH FEDERAL HIGHWAY CORRIDOR MIXED-USE DISTRICT NBHD-MU -NEIGHBORHOOD MIXED-USE DISTRICT RS-6000 -SINGLE-FAMILY 6000 RESIDENTIAL DISTRICT RM-2 -MULTIPLE-FAMILY (25 DU/AC RESIDENTIAL DISTRICT C-3 -GENERAL BUSINESS DISTRICT OS -OPEN SPACE -NEW PROPERTY LINE -EXIST. PROPERTY LINE R/W PARCEL 'B' PARCEL 'B'PARCEL 'A' PROJECT LOCATION R/W PARCEL 'A' SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 1 2 : 3 5 : 1 2 P M 2019-155 GS MA 07-02-2020 A0 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L MSC TRAINING FACILITY 922 SOUTH FEDERAL HIGHWAY DANIA BEACH, FLORIDA, 33004 CITY COMMISSION SUBMISSION 2. ARCHITECTURE SP1.0 ADJACENT LAND USE PLAN A1.0 ARCHITECTURAL SITE PLAN & SITE TABLES A1.1 FLOOR PLAN A2.0 COLOR EXTERIOR ELEVATIONS A2.1 SIGHTLINE SECTIONS & SITE DETAILS A3.0 RENDERING PROJECT TEAM SHEET INDEX LEGAL DESCRIPTION BUILDING CODE INFORMATIONLOCATION MAP 3. CIVIL C-3.1 PAVEMENT MARKING & SIGNAGE DETAILS C-4.0 STORMWATER POLLUTION PREVENTION PLAN C-5.0 CIVIL DETAILS C-6.0 UTILITY DETAILS C-7.0 UTILITY DETAILS C-8.0 UTILITY DETAILS C-9.0 DETAILS AND UTILITY NOTES C-10 SECTIONS 3. CIVIL C-1.0 GRADING & DRAINAGE PLAN C-2.0 WATER & SEWER PLAN C-3.0 PAVEMENT MARKING & SIGNAGE PLAN 4. LANDSCAPE L-1 EXISTING TREE PLAN L-2 PLANTING PLAN L-3 GENERAL NOTES & PLANTING DETAILS 6. ELECTRICAL E1.1 PHOTOMETRIC PLAN TABLE - SITE GENERAL INFO. PARCEL LAND USE ZONING AREA (SF) AREA (acres) PARCEL 'A' Civic/ Institutional (Specialty School) SFED-MU 53,420 SF 1.23 acres PARCEL 'B' Mixed Use (Vacant) SFED-MU 90,502 SF 2.08 acres R/W PARCEL 'A' R/W Not Applicable SFED-MU 1,650 SF 0.04 acres R/W PARCEL 'B' R/W Not Applicable SFED-MU 11,730 SF 0.27 acres Total Site Area 157,302 SF 3.61 acres LOCATION SITE PLAN 1. SURVEY SRV BOUNDARY AND TOPOGRAPHIC SURVEY PB1 PLAT BOOK 1 PB2 PLAT BOOK 2 0. COVER A0 COVER SHEET 5. IRRIGATION I-1 IRRIGATION PLAN I-2 IRRIGATION DETAILS I-3 IRRIGATION SPECIFICATIONS SURVEY DATE: 11/13/19 NOTES:SURVEYOR'S LEGAL DESCRIPTION: CERTIFICATION: PULICE LAND SURVEYORS, INC. PREPARED BY FAX NO. 954-572-1778 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 954-572-1777 MANAGEMENT DEPARTMENT: LOCATION MAP LEGAL DESCRIPTION: BROWARD COUNTY PLANNING COUNCIL: BROWARD COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, COUNTY RECORDS DIVISION - MINUTES SECTION: DIVISION: SURVEYOR'S CERTIFICATION: CITY ENGINEER: CITY OF DANIA BEACH, CITY COMMISSION: BROWARD COUNTY HIGHWAY CONSTRUCTION AND ENGINEERING MARCH, 2020 DEDICATION: ACKNOWLEDGMENT: COMMUNITY DEVELOPMENT DEPARTMENT: BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH THIS PLAT GRAPHIC SCALE SURVEYOR'S NOTES: LEGEND: PULICE LAND SURVEYORS, INC. PREPARED BY FAX NO. 954-572-1778 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 954-572-1777 MARCH, 2020 FOLIO #514203000650O.R.B. 43378, PAGE 368 FOLIO #514203720010O.R.B. 43378, PAGE 368 FOLIO #514203000630O.R.B. 46538, PAGE 1913 LOT 11 LOT 12LOT 13LOT 14LOT 15 LOT 16LOT 17LOT 18LOT 19LOT 20LOT 7 LOT 1 LOT 2 LOT 3 LOT 1 LOT 2 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 8' X 14' BUS SHELTER EASEMENT PLAT BOOK 166, PAGE 32 5' UTILITY EASEMENT PLAT BOOK 166, PAGE 32 PLAT LIMITS PLAT LIMITS PLAT LIMIT S PLAT LIMITS PLAT LIMITS PLAT LIMITS 25 ' 25 ' 50 '20' 25'25' 25 ' 40' 45' 50' 2 5 ' 5 0 ' 2 5 ' 2 5 ' 5 0 ' 2 5 ' 2 5 ' 5 0 ' 2 5 ' 25 ' 25' 25 ' 25 ' 50'25' 50 ' RM1 C2RM1RS1RS1RM1RS1RS1RS1RM1 RS1 RS1 RS1 A1 C1 C1 C1 TP C1 TP C2 A4 A1 A2 A1 A1 A1 A4 A3 A1 A1 A1 RS1 RM1 A1 PARCEL R/W DEDICATED PARCEL 'B'PARCEL 'A' ADJACENT LAND USE LEGEND A1 AMERICAN MARITIME OFFICERS 1 -STORY A2 AMERICAN MARITIME OFFICERS 2 -STORY A3 AMERICAN MARITIME OFFICERS 3 -STORY A4 AMERICAN MARITIME OFFICERS 4 -STORY 1 -STORY MULTI-FAMILY RESIDENTIAL 2 -STORY COMMERCIAL 1 -STORY SINGLE FAMILY RESIDENTIAL RM1 C2 1 -STORY COMMERCIAL RS1 C1 TRAILER PARKTP SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 2 : 2 0 : 4 4 P M 2019-155 GS CM 07-02-2020 SP1.0 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L N 1" = 30'-0"SP1.0 1 ADJACENT LAND USE PLAN SW 10TH ST. O L D D I X I E H I G H W A Y SW 2 N D A V . 10 10 EXISTING SIDEWALK, TYP. PROPOSED NEW SIDEWALK, TYP. PORTION OF EXIST. SIDEWALK/ GROUND COVER TO BE REMOVED, TYP. EXISTING ALLEY TO BE WIDEN TO 24'. 5 FT UTILITY EASEMENT PROJECTION LINE PROPERTY LINE, TYP. EXISTING PROPERTY LINE, TYP. 13 ' - 0 " NEW PROPOSED PARCEL DIVISION LINE 1878 SF1878 SF1878 SF1878 SF ACTION TACTICALACTION TACTICALACTION TACTICALACTION TACTICAL 1052 SF1052 SF1052 SF1052 SF FLOOR TACTICALFLOOR TACTICALFLOOR TACTICALFLOOR TACTICAL 891 SF891 SF891 SF891 SF TAC CLASSROOMTAC CLASSROOMTAC CLASSROOMTAC CLASSROOM 2 0 0' - 0 " 7 4' - 4 " 3046 SF3046 SF3046 SF3046 SF GUN RANGEGUN RANGEGUN RANGEGUN RANGE (9(9(9(9----LANES)LANES)LANES)LANES) 142 SF142 SF142 SF142 SF INSTR OFFICEINSTR OFFICEINSTR OFFICEINSTR OFFICE 140 SF140 SF140 SF140 SF TAC OFFICETAC OFFICETAC OFFICETAC OFFICE 56 SF56 SF56 SF56 SF CBRDCBRDCBRDCBRD 150 SF150 SF150 SF150 SF MSC OFFICEMSC OFFICEMSC OFFICEMSC OFFICE 240 SF240 SF240 SF240 SF FSO OFFICEFSO OFFICEFSO OFFICEFSO OFFICE 900 SF900 SF900 SF900 SF SECURESECURESECURESECURE CLASSROOMCLASSROOMCLASSROOMCLASSROOM 900 SF900 SF900 SF900 SF SA CLASSROOMSA CLASSROOMSA CLASSROOMSA CLASSROOM 59 SF59 SF59 SF59 SF TOILETTOILETTOILETTOILET 6' - 0 " 150 SF150 SF150 SF150 SF ARMORYARMORYARMORYARMORY 80 SF80 SF80 SF80 SF AMMOAMMOAMMOAMMO 83 SF83 SF83 SF83 SF OFFICEOFFICEOFFICEOFFICE 41 SF41 SF41 SF41 SF BREAKBREAKBREAKBREAK 17 SF17 SF17 SF17 SF BREAKBREAKBREAKBREAK 380 SF380 SF380 SF380 SF COVERED AREACOVERED AREACOVERED AREACOVERED AREA 20 PARKING SPACES 115 SF115 SF115 SF115 SF COVERED AREACOVERED AREACOVERED AREACOVERED AREA 102 SF102 SF102 SF102 SF COVERED AREACOVERED AREACOVERED AREACOVERED AREA 48 SF48 SF48 SF48 SF JANJANJANJAN 53 SF53 SF53 SF53 SF ITITITIT 102 SF102 SF102 SF102 SF ITITITIT 226 SF226 SF226 SF226 SF ELEC RMELEC RMELEC RMELEC RM 56 SF56 SF56 SF56 SF TOILETTOILETTOILETTOILET 56 SF56 SF56 SF56 SF TOILETTOILETTOILETTOILET 59 SF59 SF59 SF59 SF TOILETTOILETTOILETTOILET 59 SF59 SF59 SF59 SF TOILETTOILETTOILETTOILET 59 SF59 SF59 SF59 SF TOILETTOILETTOILETTOILET 2 7' - 4 " 4 7' - 0 " 45 SF45 SF45 SF45 SF JANJANJANJAN 7 4' - 4 " 1 6 8' - 1 0 " 112 SF112 SF112 SF112 SF ELEC RMELEC RMELEC RMELEC RM 56 SF56 SF56 SF56 SF SRFSRFSRFSRF 2' 5'2' 2' 2' 25'x25' SIGHT TRIANGLE, TYP. 2' 2' 2' 1 7' - 1 1 " EXIST. PROPERTY LINE, TYP. 5'2' A2.0 1 A2.0 2 A2.0 3 A2.0 2 4 1 EXISTING INTERIOR ACCESS ROAD TO BE REMOVED, TYP. PARCEL 'A' PARCEL 'B' 270' - 0" R/W PARCEL DEDICATED BY PLAT NEW ROW DEDICATION LINE 5' 2' 1 ' 7 2' 8' 8' 1' PROPOSED NEW SIDEWALK, TYP. TY P .9' - 0 " T Y P . 1 8 ' - 0 " 5' 5' 1 8' - 0 " 5 ' 5' A2.1 4 A2.1 5 51 ' - 0 " 33' - 9"2' 2 3' - 0 " 6 " BIKE RACK 2' - 7 " 30' - 9" FIRE DEPARTMENT KNOX BOX 1 3' - 8 " 47 ' - 7 " 12'x25' LOADING SPACE 25 ' - 0 " 25 ' - 0 " 50 ' - 0 " N0 0 ° 2 2 ' 5 2 " E 1 2 0 . 3 9 ' T O T A L S89°30'09"W 441.19' S0 1 ° 4 7 ' 5 2 " E 2 7 5 . 0 1 ' N89°30'09"E 387.66' TOTAL N 5 0 °1 0'4 2 "E 2 8 3 .4 6' T O T A L 50' - 0" 37' - 1" STABILIZED SOD, TYP. 6' 4' R 5 0' - 0 " R 3 8' - 0" 2 4' FIRE DEPARTMENT KNOX BOX 25'x25' SIGHT TRIANGLE, TYP. R 2'-6" R 2'- 6 " R 2'-6" R 2'-6 " R 38' - 0" R 62' - 0" 24'24 FT WIDE ELECTRONIC GATE R 10' - 0" R 3 8' - 0 " P E R P L A T 4 0' - 0 " A C C E S O P E N I N G D N D N DN DN 1 2' - 0 " 5' 1 8' - 0 " 30 FT WIDE GATE 25'x25' SIGHT TRIANGLE, TYP. FFE = 11.10’NAVD FLOOD ZONE: X NVAL LINE (NON VEHICULAR ACCESS), TYP. R 1 5 ' - 0 " 5' R 5 0 ' - 0 " ELEV 4 ELEV 1 ELEV 3 ELEV 2 D N 25'x25' SIGHT TRIANGLE, TYP. 5 0 ' - 0 " 3 1' - 0 " 4" WHITE STRIPING, TYP. 6" DOUBLE YELLOW LINE, SEE CIVIL 2' WIDE WHITE STOP BARS, SEE CIVIL 6' - 0 " EXISTING PROPERTY LINE NEW PARCEL DIVISION LINE NEW ROW DEDICATION LINE LINE TYPE LEGEND EXISTING UTILITY EASEMENT NEW SIGHT LINE TRIANGLE NON VEHICULAR ACCESS LINE 6' - 0 " 4' - 0 " 10' - 0" MAX. POST SPACING 1 7/8" OD MT40 LINE POSTS DRIVEN 48" DEEP IN STANDARD SOIL, TYP. 2" 11ga CHAIN LINK FENCE 100% POLYETHYLENE OPEN MESH WEAVE FARIC PRIVACY/ DUST SCREEN SECURED WITH FABRIC TIES AT 24" O.C. TEMPORARY CONSTRUCTION FENCE NOTES: 1. GC TO PROVIDE FENCING PER SECTION 8.7 OF THE DANIA BEACH ORDINANCE AND AROUND ENTIRE PERIMETER OF THE SITE. 2. FENCE PANELS SHALL HAVE THE FOLLOWING INFORMATION AT FENCING ALONG THE RIGHT-OF-WAYS THAT COVERS AT LEAST 25% OF ENTIRE LENGTH OF ROW: -PROJECT NAME AND INTENDED USE -PROJECT RENDERING -PROJECT WEBSITE ADDRESS -OWNER/ AGENT NAME AND TELEPHONE -EMERGENCY CONTACT OF GENERAL CONTRACTOR -OPTIONAL: NAMES OF DEVELOPER ARCHITECT ENGINEER LENDING INSTITUTION GENERAL CONTRACTOR SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 7/ 3 0 / 2 0 2 0 4 : 3 1 : 4 6 P M 2019-155 GS MF 07-02-2020 A1.0 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L 1/16" = 1'-0"A1.0 1 ARCHITECTURAL SITE PLAN N TABLE - PARCEL 'A' - SURFACE COVERAGE SURFACE AREA AREA % PERV. Impervious area 28,843 SF 54% Pervious area 24,603 SF 46% Total surface area 53,446 SF 100% TABLE - PARCEL 'A' - IMPERVIOUS SURFACE IMPERVIOUS SURFACE AREA % IMPERV. Building coverage 14,170 SF 49% Covered area coverage 519 SF 2% Sidewalk coverage 2,041 SF 7% Access way coverage 1,523 SF 5% Drive way coverage 3,998 SF 14% Parking lot coverage 6,592 SF 23% Total impervious surface coverage 28,843 SF 100% TABLE - PARCEL 'A' - PERVIOUS SURFACE PERVIOUS SURFACE AREA % PERV. Landscape coverage 24,603 SF 100% Total pervious surface coverage 24,603 SF 100% TABLE - OFF STREET PARKING USE REQUIREMENT REQ'D PROV'D Specialty school 1/ 60 sf of classroom area 45 20 Grand total 45 20 TABLE - PARCEL 'A' - OPEN SPACE (exclud. bldg footprint) SURFACE AREA AREA % PERV. Impervious area 14,673 SF 37% Pervious area 24,603 SF 63% Total open space area 39,276 SF 100% TABLE - ZONING REQUIREMENTS (SFED-MU) PARAMETER REQUIRED PROVIDED Front Setback (facing Old Dixie Hwy)8' to 12'13'-8" to 18'-1" Rear Setback (from row line) (facing SW 10th St.(NBHD-RES))0' min. 7' East Side Setback (from property line) 0' min. 2' West Side Setback (from row line) (facing SW 2nd Av.(NBHD-RES))0' to 15' 2' Max. Building Area N/A 14,170 SF Max. Building Height 2 stories, 25'25' Max. Floor Area Ratio 4.0 0.2 TABLE - BICYCLE PARKING USE REQUIREMENT REQ'D PROV'D Educational Facilities 50% of req'd parking 23 23 TABLE - OFF STREET LOADING USE REQUIREMENT REQ'D PROV'D Commercial Building 4,000 - 25,000 sf 1 1 TABLE - ADA PARKING USE REQUIREMENT REQ'D PROV'D 1-25 of req'd parking spaces 1 1 1/4" = 1'-0"A1.0 2 DET. TEMPORARY FENCE O L D D I X I E H I G H W A Y 1878 SF ACTION TACTICAL 1052 SF FLOOR TACTICAL 891 SF TAC CLASSROOM 29' - 6" 52' - 8" 6' - 0" 9' - 3" 7' - 4" 3046 SF GUN RANGE (9-LANES) 6' - 0" 6' - 0" 142 SF INSTR OFFICE 140 SF TAC OFFICE 56 SF CBRD 150 SF MSC OFFICE 240 SF FSO OFFICE 900 SF SA CLASSROOM 7' - 7" 59 SF TOILET 6' - 0" 150 SF ARMORY 80 SF AMMO 83 SF OFFICE 41 SF BREAK 17 SF BREAK 380 SF COVERED AREA 115 SF COVERED AREA 226 SF ELEC RM 102 SF IT 59 SF TOILET 48 SF JAN 53 SF IT 59 SF TOILET 59 SF TOILET 56 SF TOILET 56 SF TOILET 45 SF JAN 12' - 6" 20' - 0" 12' - 0" 10' - 0" 28' - 6" 112' - 2" 35' - 10" 35' - 8" 102 SF COVERED AREA 73 SF VESTIBULE 30' - 0" 30' - 0" A2.0 1 A2.0 2 A2.0 3 A2.0 4 56 SF SRF 112 SF ELEC RM 2 .EL 4 1 3 A2.1 1 A2.1 30' - 0" 30' - 0" 14' - 7" 8' - 0" 15' - 0" 14' - 1" 14' - 1" 7' - 3" 8' - 0" 7' - 2" 7' - 2" 5' - 6" 7' - 0" 7' - 0" 7' - 5" 7' - 5" 8' - 1" 7' - 0" 15' - 6" 6' - 8" 8' - 4" 10' - 0" 9' - 0" 11' - 6" 12' - 5" 12' - 5" 10' - 0" 31' - 3" 4' - 0" 11' - 3" 8' - 0" 7' - 0" 5' - 0" 10' - 0" 26' - 6" 33' - 0" 8' - 6" 2' 5' - 0" 5' - 0" 5' - 0"5' - 0" 24' - 0" TYP. 18' - 0" TYP. 18' - 0" 9' - 0" TY P. 10 10 FIRE DEPARTMENT KNOX BOX T . D.= 5 7'- 0" C.P. = 40'-6" C.P.= 91'-2" CLEAR WIDTH: 34" EXIT CAPACITY: 170 OCC. GREATEST T.D.= 57'-0" CLEAR WIDTH: 34" EXIT CAPACITY: 170 OCC. CLEAR WIDTH: 70" EXIT CAPACITY: 350 OCC. CLEAR WIDTH: 34" EXIT CAPACITY: 170 OCC. GREATEST T.D.= 104'-7" CLEAR WIDTH: 34" EXIT CAPACITY: 170 OCC. CLEAR WIDTH: 70" EXIT CAPACITY: 350 OCC. GREATEST T.D.= 173'-0" T. D . = 4 7'- 5 " T.D .= 88'-10" T.D . = 77'-8 " T . D.= 104'-7 " T .D. = 17 3' - 0 " 900 SF SECURE CLASSROOM 24' - 0" ELEV 4 ELEV 1 ELEV 3 ELEV 2 SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 2 : 0 6 : 3 6 P M 2019-155 GS MF 07-02-2020 A1.1 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L 1/8" = 1'-0"A1.1 1 FLOOR PLAN N SMALL ARMS TRAINING PLUMBING FIXTURE COUNT Occupancy for plumbing count is based on actual use SA classroom = 900 Net SF/20 = 45 Occupants (Gun range only used by SA classroom occupants) TAC classroom = 891 Net SF/20 = 45 Occupants (Floor tactical and action tactical only used by TAC classroom occupants) TAC office = 1 Occupant Instructor's office = 1 Occupant Office = 1 Occupant Total = 92 Occupants (46 male/ 46 female) Water closets: 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding 50 46/25 = 1.84 = 2 water closets required by sex 2 water closets provided by sex Lavatories: 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 46/40 = 1.15 = 2 lavatories required by sex 2 lavatories provided by sex Drinking fountains: 1 per 100 92/100 = 1 =1 hi/lo drinking fountain required 1 hi/lo drinking fountain provided Service sink: 1 service sink required 1 service sink provided MSC OPERATIONS AND TRAINING PLUMBING FIXTURE COUNT Occupancy for plumbing count is based on actual use MSC classroom = 900 Net SF/20 = 45 Occupants MSC office = 1 Occupant FSO office = 2 Occupants Total = 48 Occupants (24 male/ 24 female) Water closets: 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding 50 24/25 = 0.96 = 1 water closet required by sex 1 water closet provided by sex Lavatories: 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 24/40 = 0.6 = 1 lavatory required by sex 1 lavatory provided by sex Drinking fountains: 1 per 100 48/100 = 1 =1 hi/lo drinking fountain required 1 hi/lo drinking fountain provided Service sink: 1 service sink required 1 service sink provided Ground Level 0" Ground Level 0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" A B A C AB ELECTRICAL ROOM BEYOND WALL LIGHT PACK, TYP. 3/4" SCORED REVEAL, TYP.B B A B 3' - 2 " 7' - 0 " 8' - 0 " 4' - 0 " 7' - 0 " ALUM. CANOPY PRECAST CONC. PRIVACY WALL BBB PRECAST CONC. PRIVACY WALL25' - 0" 6" 10 " 12" 12" 25 " 12 " 12"15' - 7" 10" HIGH ADDRESS NUMBER 1.6 SF BUILDING SIGN 32.47 SF SEE DET 5/A2.0A2.0 5 Ground Level 0" Ground Level 0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" Low Roof 14' -0" A C ENTRANCE BEYOND ALUM. CANOPY B3/4" SCORED REVEAL, TYP.ABAB 3' - 2 " 7' - 0 " PRECAST CONC. PRIVACY WALL 2 A2.1 B Ground Level 0" Ground Level 0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" ABACAALUM. CANOPY BEYOND 3/4" SCORED REVEAL, TYP.B ALUM. CANOPY BEYONDABBB 3' - 2 " 4' - 0 " 10" HIGH ADDRESS NUMBER 1.6 SF 12" 12 " Ground Level 0" Ground Level 0" High Roof 17' -0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" AENTRANCE BEYOND ALUM. CANOPY3/4" SCORED REVEAL, TYP.BB PRECAST CONC. PRIVACY WALL 2 A2.1 B 12" 12 " 10" HIGH ADDRESS NUMBER 1.6 SF WHITE -TBD GREY -TBD BLUE -TBD COLOR LEGEND A B C 25 " 1 1 / 2 " 4 " 4 " 1 3 " 3 " 187" 22"5"133"5"22" NOTES: SIGN TO BE NON-ILLUMINATED, FLUSH MOUNTED CHANNEL LETTERS. LOGOS ARE NON-ILLUMINATED, DIGITALLY PRINTED LOGOS ON 3M GRAPHIC MATERIAL RATED FOR OUTDOOR USE. SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 2 : 1 0 : 2 4 P M 2019-155 GS MF 07-02-2020 A2.0 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L 1/8" = 1'-0"A2.0 1 N.W. ELEVATION 1/8" = 1'-0"A2.0 2 S.W. ELEVATION 1/8" = 1'-0"A2.0 3 S.E. ELEVATION 1/8" = 1'-0"A2.0 4 N.E. ELEVATION 1/2" = 1'-0"A2.0 5 DET. BUILDING SIGN Ground Level 0" Ground Level 0" High Roof 17' -0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" Low Roof 14' -0" 2 A2.1 PROPERTY LINE OLD DIXIE HWY PROPERTY LINE SW 1OTH ST 10 FT PRECAST CONC. WALL 10 FT PRECAST CONC. WALL ROOF TOP UNIT Ground Level 0" Ground Level 0" High Roof 17' -0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" Low Roof 14' -0" 1 A2.1MATCH LINE MATCH LINE PROPERTY LINE SW 2ND AVE. 10 FT PRECAST CONC. WALL Ground Level 0" Ground Level 0" High Roof 17' -0" High Roof 17' -0" Parapet 23' -0" Parapet 23' -0" Low Roof 14' -0" Low Roof 14' -0" PROPERTY LINE NORTH MATCH LINE MATCH LINE ROOF TOP UNIT 10 FT PRECAST CONC. WALL PRE-FINISHED ALUM. VEHICULAR PRIVACY GATE A2.1 6 Sim30' - 0" (FIRE APPARATUS EXITT GATE) 24' - 0" (MAIN GATE) 10 ' - 0 " 61' - 3"8' - 4"1' - 11" 10 ' - 0 " 5' - 6 " GATE KNOX BOX PRE-FINISHED ALUM. PEDESTRIAN PRIVACY GATE PRECAST CONC. WALL, SEE 6/A2.1 FOR DESIGN 18"A2.1 6 Sim 7"x7" CONC. POST W/ CAP CONC. POST FOOTING 2.1"x12"x57" PRECAST PANEL, TYPICAL GRADE 3" 10 ' - 0 " 54 " 1' - 0 " 3" 16 " 20" GROUND FLOOR 5'-0" TO NEXT POST5'-0" TO NEXT POST NOTE: PRECAST CONC. WALL TO BE A DELEGATED DESIGN. PRECAST WALL MANUFACTURER TO PROVIDE SEALED, ENGINEERED DRAWINGS AND CALCULATIONS TO MEET CURRENT CODES AND WIND LOADS SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 2 : 1 5 : 4 2 P M 2019-155 GS MF 07-02-2020 A2.1 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L 1/8" = 1'-0"A2.1 1 SIGHTLINE SECTION 1 1/8" = 1'-0"A2.1 3 SIGHTLINE SECTION 2B 1/8" = 1'-0"A2.1 2 SIGHTLINE SECTION 2A 1/8" = 1'-0"A2.1 4 ELEVATION VEHICULAR GATE 1/8" = 1'-0"A2.1 5 ELEVATION PEDESTRIAN GATE 1/2" = 1'-0"A2.1 6 DET. PRECAST CONC. WALL ELEV./ SECTION SALTZ MICHELSON 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com A R C H I T E C T S Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS Mary Joanne Farlander AR97280 ST A T E O F FLO RI D AMARYJOAN N E R E G IS T ERED A R C H IT ECTAR97280 F A R LANDER S: \ P r o j e c t s \ 2 0 1 9 \ 2 0 1 9 − 1 5 5 \ D r a w i n g s \ 0 4 D R C S u b m i t t a l \ 20 1 9 − 1 5 5 R 1 9 D R C . r v t 8/ 3 / 2 0 2 0 2 : 1 8 : 3 5 P M 2019-155 GS MF 07-02-2020 A3.0 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 DR C S U B M I T T A L N.T.S.A3.0 1 FRONT PERSPECTIVE RENDERING A A B B D D E C C E A A B B D D E C C E S F e d e r a l H w y US-1 W Dix i e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 GRADING & DRAINAGE PLAN C-1.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 Charles Michelson AR0009976 NOTES: 1.MAXIMUM SLOPE FOR HANDICAP PARKING SPACES & ACCESS AISLES TO BE 2%. 2.CONTRACTOR RESPONSIBLE FOR ALL REQUIRED DEMOLITION & REMOVAL OF MATERIAL FROM SITE. 3.CONNECT ALL ROOF DRAINS TO DRAINAGE CATCH BASINS. 4.CONCRETE SIDEWALK TO BE COMPLIANCE WITH CITY OF HOLLYWOOD REQUIREMENTS. 5.CONCRETE FOR SIDEWALKS CROSSING DRIVEWAYS & IN THE PUBLIC RIGHT OF WAY BE 6” DEEP AND 3,000 PSI ON 12” COMPACTED SUBGRADE. 6.ON-SITE PEDESTRIAN SIDEWALKS TO BE 4” DEEP, 3,000 PSI ON 4” COMPACTED SUBGRADE. 7.CONTRACTOR RESPONSIBLE FOR REMOVING AND RELOCATING ANY EXISTING ITEMS IN CONFLICT WITH NEW CONSTRUCTION. 8.CONTRACTOR TO FIELD VERIFY EXISTING GRADES PRIOR TO CONSTRUCTION. 9.CONTRACTOR RESPONSIBLE FOR REPAIRING ALL EXISTING ITEMS DAMAGED DURING CONSTRUCTION TO THEIR ORIGINAL CONDITIONS (AT A MINIMUM). 10.REFER TO ARCHITECT'S SITE PLAN FOR SITE LAYOUT AND DIMENSIONS. 11.FEMA FLOOD ZONE X. 12.PROPOSED WALL TO BE WATERPROOFED UP TO ELEVATION 9.20 FEET. 07-02-2020 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 S F e d e r a l H w y US-1 W Dix i e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 WATER & SEWER PLAN C-2.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 Charles Michelson AR0009976 07-02-2020 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 PIPE CROSSINGS CROSSING NUMBER UPPER PIPE BOTTOM PIPE ELEV.LOWER PIPE TOP PIPE ELEV. PIPE CLEARANCE GROUND ELEV. S F e d e r a l H w y US-1 W Dix i e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 PAVEMENT MARKING & SIGNAGE PLAN C-3.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 Charles Michelson AR0009976 07-02-2020 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 TRAFFIC CONTROL ARROWS: DIRECTIONAL ARROWS PAINTED ON ASPHALT OR CONCRETE ROADWAY PAVING - SEE SITE AND FLOOR PLANS FOR LOCATIONS. PAINT FOR ARROWS: PROVIDE A MINIMUM OF 2-COATS OF D.O.T. APPROVED PAINT - UTILIZE "WHITE" COLORED PAINT ON ASPHALT, AND "YELLOW" COLORED PAINT ON CONCRETE. 4' - 6 " 3'-6" 2' - 6 " 2' - 0 " 1'-6" 1'-6" 5'-0" 3'-6" 5' - 0 " 10 " 3'- 6 " 7' - 0 " 65 65 1'-6"4'-0" 6'-5" 5' - 0 " 2' - 0 " 3'- 6 " 3'-6"3'-0" MINIMUN FINE $250.00 PARKING BY DISABLED PERMIT ONLY C-3.1PAVEMENT MARKING & SIGNAGE DETAILS SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 Charles Michelson AR0009976 07-02-2020 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 S F e d e r a l H w y US-1 W Dix i e H w y SW 10th St SW 2 n d A v e SE 2 n d A v e SW 7th St US-1 STORMWATER POLLUTION PREVENTION PLAN C-4.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 Charles Michelson AR0009976 07-02-2020 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 CIVIL DETAILS 07-02-2020 C-5.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 07-02-2020 C-6.0UTILITY DETAILS SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 UTILITY DETAILS 07-02-2020 C-7.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 UTILITY DETAILS 07-02-2020 C-8.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 DETAILS & UTILITY NOTES 07-02-2020 C-9.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 ADDITIONAL NOTES: 1. ALL WATER MAIN SHALL BE INSTALLED WITH A MINIMUM COVER OF 36 INCHES FOR PVC AND 30 INCHES FOR DIP. 2. ALL WATER MAIN INSTALLATIONS SHALL COMPLY WITH THE COLOR CODING REQUIREMENTS OF CHAPTER 62-555.320, FAC. 3. NO BENEFICIAL USE SHALL BE MADE OF THE PROPOSED WATER MAINS TO BE INSTALLED PER THIS PERMIT WITHOUT WRITTEN APPROVAL FROM DOH BROWARD COUNTY HEALTH DEPARTMENT. SECTION A-A N.T.S. SECTION E-E N.T.S. SECTION B-B N.T.S. SECTION C-C N.T.S.SECTION D-D N.T.S. SECTIONS 07-02-2020 C-10.0 SUSAN C. HOLLAND STATE OF FLORIDA PROFESSIONAL ENGINEER LICENSE No. 41831 Charles Michelson AR0009976 SCH REVISIONS Date: Checked By: Drawn By: Project No.: HS 2019-155 MS C T R A I N I N G F A C I L I T Y DR C S U B M I T T A L 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A 3 3 0 0 4 3501 Griffin Road (954) 266-2700 Fx: (954) 266-2701 Ft. Lauderdale, FL 33312 sma@saltzmichelson.com AA-0002897 SW 10TH ST. OLD D I X I E H I G H W A Y SW 2 N D A V . EXISTING SIDEWALK, TYP. PORTION OF EXIST. SIDEWALK/ GROUND COVER TO BE REMOVED, TYP. 5 FT UTILITY EASEMENT PROJECTION LINE PROPERTY LINE, TYP. EXISTING PROPERTY LINE, TYP. NEW PROPOSED PARCEL DIVISION LINE ACTION TACTICAL FLOOR TACTICAL TAC CLASSROOM GUN RANGE (9-LANES) INSTR OFFICE TAC OFFICE CBRD MSC OFFICE FSO OFFICE SECURE CLASSROOM SA CLASSROOM TOILET ARMORY AMMO OFFICE BREAK BREAK COVERED AREA 20 PARKING SPACES COVERED AREA 102 SF COVERED AREA JAN IT IT ELEC RM TOILET TOILET TOILET TOILET TOILET JAN ELEC RM SRF 25'x25' SIGHT TRIANGLE, TYP. EXIST. PROPERTY LINE, TYP. PARCEL 'A' PARCEL 'B' 270'-0" R/W PARCEL DEDICATED BY PLAT NEW ROW DEDICATION LINE BIKE RACK N0 0 ° 2 2 ' 5 2 " E 1 2 0 . 3 9 ' T O T A L S89°30'09"W 441.19' S0 1 ° 4 7 ' 5 2 " E 2 7 5 . 0 1 ' N89°30'09"E 387.66' TOTAL N50 ° 1 0 ' 4 2 " E 2 8 3 . 4 6 ' T O T A L STABILIZED SOD, TYP. 24 FT WIDE ELECTRONIC GATE DN DN DN DN 30 FT WIDE GATE FFE = 11.10’ NAVD FLOOD ZONE: X DN 25'x25' SIGHT TRIANGLE, TYP. SW 10TH ST. OLD D I X I E H I G H W A Y SW 2 N D A V . EXISTING SIDEWALK, TYP. PORTION OF EXIST. SIDEWALK/ GROUND COVER TO BE REMOVED, TYP. 5 FT UTILITY EASEMENT PROJECTION LINE PROPERTY LINE, TYP. EXISTING PROPERTY LINE, TYP. NEW PROPOSED PARCEL DIVISION LINE ACTION TACTICAL FLOOR TACTICAL TAC CLASSROOM GUN RANGE (9-LANES) INSTR OFFICE TAC OFFICE CBRD MSC OFFICE FSO OFFICE SECURE CLASSROOM SA CLASSROOM TOILET ARMORY AMMO OFFICE BREAK BREAK COVERED AREA 20 PARKING SPACES COVERED AREA 102 SF COVERED AREA JAN IT IT ELEC RM TOILET TOILET TOILET TOILET TOILET JAN ELEC RM SRF 25'x25' SIGHT TRIANGLE, TYP. EXIST. PROPERTY LINE, TYP. PARCEL 'A' PARCEL 'B' 270'-0" R/W PARCEL DEDICATED BY PLAT NEW ROW DEDICATION LINE BIKE RACK N0 0 ° 2 2 ' 5 2 " E 1 2 0 . 3 9 ' T O T A L S89°30'09"W 441.19' S0 1 ° 4 7 ' 5 2 " E 2 7 5 . 0 1 ' N89°30'09"E 387.66' TOTAL N50° 1 0 ' 4 2 " E 2 8 3 . 4 6 ' T O T A L STABILIZED SOD, TYP. 24 FT WIDE ELECTRONIC GATE DN DN DN DN 30 FT WIDE GATE FFE = 11.10’ NAVD FLOOD ZONE: X DN 25'x25' SIGHT TRIANGLE, TYP. SDSDSDSDSDSDSANWMWMSANPROPOSED HUNTER I2C-0800-PL WITH SOLAR SYNCWEATHER SENSOR: CONTRACTOR TO COORDINATEELECTRICAL CONNECTION WITH ARCHITECTOLD DIXIE HIGHWAYSPOINT OF CONNECTION: 35 GPM, 60 PSIPROPOSED POTABLE WATER METER,CONTRACTOR TO TEE OFF FOR IRRIGATIONWITH 1-1/2" SERVICE, REFER TO CIVIL PLANPROPOSED 1" ZURN 720APRESSURE VACUUM BREAKER2" SLEEVECMAINLINE AND LATERAL LOCATIONS SHOWN FORGRAPHIC CLARITY: INSTALL 12" FROM BACK OFSIDEWALK PER DETAILS AND SPECIFICATIONSABBBBBBBBBYBBBBBBBBBBBBBBKMBBBBBMKKKMMMMKKKMMMBBBBBKKKKKKMKKKKMMMMMMMMMMMMBBYBYBBBBBBBBYBABMMKKKKKMTMMMBMKKM1"1"114"114"1"1"112"112"1"1"132.3112"230.9112"314.51"415.01"531.4112"615.21"732.0112"1"112"1"1"1"112"1"1"2" SLEEVE2" SLEEVE2" SLEEVEBFSW 2nd AVESW 10th STREETSTABILIZED FIRE LANEREFER TO CIVIL SITE PLANMMMM112"MAINLINE AND LATERAL LOCATIONS SHOWN FORGRAPHIC CLARITY: INSTALL 12" FROM BACK OFWALL PER DETAILS AND SPECIFICATIONS1.CONTRACTOR TO VERIFY LOCATION OF ALL EXISTING UTILITIES.2.IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO TAKE THE NECESSARYPRECAUTIONS TO ENSURE PROPER SAFETY AND WORKMANSHIP WHEN WORKING INTHE VICINITY OF EXISTING UTILITY LINES.3.CONTRACTOR SHALL BE RESPONSIBLE TO COORDINATE WITH FPL ON ANY WORK INTHE VICINITY OF OVERHEAD OR UNDERGROUND POWER LINES.4.CONTRACTOR SHALL VERIFY PROPER CLEARANCE BELOW EXISTING OVERHEADPOWER LINES PRIOR TO WORKING WITHIN THE VICINITY THE POWER LINES.5.MAINLINE LOCATION, WHERE SHOWN, IS FOR GRAPHIC CLARITY PURPOSES ONLY.INSTALL AT THE BACK OF CURB, FRONT OF WALK, BACK OF WALK, OR ADJACENT TOOTHER HARDSCAPES TO FACILITATE FUTURE LOCATION AND TO PROTECT FROMDAMAGE. ENSURE MAINLINE IS INSTALLED ACCORDING TO THE IRRIGATIONSPECIFICATIONS AND DETAILS.6.IF IT IS NECESSARY TO HAVE PIPING UNDER HARDSCAPE ITEMS, SUCH AS ROADS,WALKS AND PATIOS, THE PIPES MUST BE SLEEVED WITH THE SLEEVE DIAMETER BEINGAT LEAST TWICE THE SIZE OF THE PIPE IT IS CARRYING.7.ANY MAJOR DESIGN CHANGES SHALL BE BROUGHT TO THE ATTENTION OF THELANDSCAPE ARCHITECT OF RECORD PRIOR TO CONSTRUCTION; CONTRACTORPROCEEDS WITH CHANGES AT OWN RISK.8.NO SUBSTITUTIONS SHALL BE PERMITTED, EXCEPT WITH WRITTEN APPROVAL FROM THELANDSCAPE ARCHITECT OF RECORD.GENERAL NOTESSYMBOLMANUFACTURER/MODELQTYARCPSIRADIUSHunter MP Corner PROS-06-PRS40-CV 1 Adj4013'Hunter MP Strip PROS-06-PRS40-CV 2 LCS405'x15'Hunter MP Strip PROS-06-PRS40-CV 11 SST405'x30'Hunter MP1000 PROS-06-PRS40-CV 33 90-2104014'Hunter MP2000 PROS-06-PRS40-CV 24 90-2104019'Hunter MP3000 PROS-06-PRS40-CV 2 3604030'Hunter MP3000 PROS-06-PRS40-CV 47 90-2104030'Hunter MP3000 PROS-06-PRS40-CV 4 210-2704030'Hunter MP Strip PROS-00-PRS40 on Riser 3 LCS405'x15'Hunter MP Strip PROS-00-PRS40 on Riser 5 RCS405'x15'Hunter MP Strip PROS-00-PRS40 on Riser 86 SST405'x30'Hunter MP Strip PROS-12-PRS40-CV 3 LCS405'x15'Hunter MP Strip PROS-12-PRS40-CV 4 RCS405'x15'Hunter MP Strip PROS-12-PRS40-CV 8 SST405'x30'SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYHunter ICV-G 7 1", 1-1/2", 2" or 3" remote control valve, with glass-fillednylon construction, globe configuration, with NPT threadedinlet/outlet.Zurn 720A 1"1 Pressure vacuum breaker.Hunter I2C-0800-PL 1 8-station outdoor modular controller with locking plasticcabinet.Hunter Solar-Sync 1 Weather sensor.Water Meter (Refer to Civil Plans) 1 Potable water meter with tee for 1-1/2" service line.35 GPM, 60PSI.Irrigation Lateral Line: PVC Class 200 SDR 21 4,213 l.f.Irrigation Mainline: PVC Class 200 SDR 21 336.5 l.f.Pipe Sleeve: PVC Schedule 40 67.3 l.f.Typical pipe sleeve for irrigation pipe. Pipe sleeve size shallallow for irrigation piping and their related couplings toeasily slide through sleeving material. Extend sleeves18-inches beyond edges of paving or construction.TMKABYBFCSMValve NumberValve SizeValve FlowValve Callout###"IRRIGATION SCHEDULEREGISTRATIONDATE: 8/7/2020REGISTRATION NO. 6667430MARC STEFAN BORTAK, RLA, ASIC, CIDNUMBERMODELSIZETYPEGPMPSIPRECIP1Hunter ICV-G1-1/2"Turf Rotary32.3045.050.35 in/h2Hunter ICV-G1-1/2"Turf Rotary30.9042.800.36 in/h3Hunter ICV-G1"Shrub Rotary14.5244.550.51 in/h4Hunter ICV-G1"Shrub Rotary14.9644.800.50 in/h5Hunter ICV-G1-1/2"Turf Rotary31.4342.450.39 in/h6Hunter ICV-G1"Shrub Rotary15.1845.220.54 in/h7Hunter ICV-G1-1/2"Turf Rotary31.9845.180.34 in/hVALVE SCHEDULE1 INCH = FEET0GRAPHIC SCALE10204020 PRESSURE REGULATING REMOTE CONTROL VALVE1 1/2" = 1'-0"1'-6"SET 2" ABOVE FINISH GRADEIN MULCH AREAS12345678910111213130-INCH LINEAR LENGTH OF WIRE,COILED2WATERPROOF CONNECTION(1 OF 2)3ZONE ID TAG4REMOTE CONTROL VALVEWITH PRESSURE REGULATOR5STANDARD VALVE BOX67PVC SCH 40 ELL8PVC SCH 40 TEE69PVC MAINLINE PIPE10PVC SCH 40 ADAPTER111/2" WIRE CLOTH GOPHERSCREEN WRAP ALL SIDES12BRICK (1 OF 4)136-INCH MINIMUM DEPTH3/4" WASHED GRAVEL6PVC SCH 80 NIPPLE6328406.13-114"NOTE: DO NOT USE SIDE INLETWITH CHECK VALVE OPTIONS6" POP-UP SPRAY3" = 1'-0"123456478CONCRETE WALK/CURB1FINISH GRADE/TOP OF MULCH2POP-UP SPRAY SPRINKLER: HUNTERPROS SERIES WITH NOZZLE PER SPECS31/2-INCH MALE NPT x .490 INCH BARBELBOW: HSBE-050 ELBOWS (2) &MARLEX STREET ELBOW (1)4PVC LATERAL PIPE5FLEX PIPE, 12-INCH LENGTH: HUNTER'PRO-FLEX' TUBING6PVC SCH 40 TEE OR ELL7RECLAIMED CAP, AS REQUIRED8328403.13-0514"NOTE: DO NOT USE SIDE INLETWITH CHECK VALVE OPTIONS1234567812" POP-UP SPRAY3" = 1'-0"1CONCRETE WALK/CURB2FINISH GRADE/TOP OF MULCH3POP-UP SPRAY SPRINKLER: HUNTERPROS SERIES WITH NOZZLE PER SPECS441/2-INCH MALE NPT x .490 INCH BARBELBOW: HSBE-050 ELBOWS (2) &MARLEX STREET ELBOW (1)6FLEX PIPE, 12-INCH LENGTH: HUNTER'PRO-FLEX' TUBING7PVC SCH 40 TEE OR ELL8RECLAIMED CAP, AS REQUIRED5PVC LATERAL PIPE2328403.29-12FIXED SPRAY ON RISER1" = 1'-0"24"VARIES: REFER TOPLANT LIST12"NOTE:INSTALL TOP OF HEAD TO MATCH SURROUNDINGPLANT MATERIAL (NOT INCLUDING POP-UP PORTION.SEE LANDSCAPE PLANS AND PLANT LIST.VARIES: REFER TO PLANINSTALL WITHINPLANTING AREA1234567981WALL OR STRUCTURE2FIXED SPRAY WITH CHECK VALVEAS SPECIFIED3PVC SCH 40 RISER, PAINTED FLAT"ARMY-GREEN" (LENGTH AS REQ.)4TWO (2) STAINLESS STEEL HOSE CLAMPS51" X 1" STEEL ANGLE, 24" DEPTH6PVC LATERAL PIPE7EDGE OF SHRUB PLANTING AREA9SWING JOINT WITH PVC ELL OR TEE8FINISH GRADE/TOP OF MULCH328403.26-15312"18"NOTE:·FIELD ADJUST PIPING AS NECESSARY TO AVOID CONFLICTWITH DRAINAGE STRUCTURES, UTILITIES, AND PLANTINGS.·REFER TO FLORIDA BUILDING CODE APPENDIX F FORMINIMUM PIPE DEPTH OF COVER.·WHERE MINIMUM PIPE DEPTH OF COVER IS NOT POSSIBLE,PIPE SLEEVING SHALL BE NECESSARY TO PROTECT PIPE INSHALLOW AREAS.1MAINLINE AND LATERAL PIPING1 1/2" = 1'-0"23456FINISH GRADE1CURB, EDGE OF ROADWAY, ORHARDSCAPE SURFACE2BACKFILL PER IRRIGATIONSPECIFICATIONS3IRRIGATION LATERAL PIPE 12" DEPTH4IRRIGATION MAINLINE PIPE 18" DEPTH5IRRIGATION CONTROL WIRE IN CONDUIT(SIZE AS REQUIRED)612" MAX. CLEARANCE7328409.76-3718"24" MIN. TO GRADE36" MIN.PIPE SLEEVING1" = 1'-0"12345671SLEEVE: SIZE PER PLAN(36" MIN. DEPTH)2TAPE END OF SLEEVE3PVC SCHEDULE 40 ELL4PVC SCHEDULE 40 CAP5LATERAL PIPE STUBBED UP6FINISH GRADE7CURB, EDGE OF ROADWAY,OR HARDSCAPE SURFACE8328409.76-32MODULAR WALL MOUNT CONTROLLER WITH WEATHER SENSOR3" = 1'-0"WALL61234513" DOOR CLEARANCENOTES:1.USE GRAY SCH 40 PVC CONDUIT FOR ABOVE ANDBELOW GRADE CONDITIONS.2.PROVIDE PROPER GROUNDING COMPONENTS TOACHIEVE GROUND RESISTANCE OF 10 OHMS OR LESS.3.SENSOR SHOULD NOT BE MOUNTED UNDER TREES, INAREAS AFFECTED BY SPRINKLER SYSTEM OR UNDERBUILDING OVERHANGS.MODULAR WALL MOUNT IRRIGATION CONTROLLER:INSTALL CONTROLLER AND METAL CABINET ON WALL PERMANUFACTURER'S RECOMMENDATIONS.11-INCH PVC SCH 40 CONDUIT AND FITTINGS2WIRES TO REMOTE CONTROL VALVES AND SENSOR3JUNCTION BOX41-INCH PVC SCH 40 CONDUIT TO POWER SUPPLY5WEATHER SENSOR WITH BRACKET MOUNTED ON POLE AT AHEIGHT ABOVE IRRIGATION SPRAY PATTERN (MIN. 6' HT)6328409.13-454REGISTRATIONDATE: 8/7/2020REGISTRATION NO. 6667430MARC STEFAN BORTAK, RLA, ASIC, CID8'8'8'12'11'1'CONTROLLER GROUNDING3/16" = 1'-0"1342NOTE: DO NOT INSTALL ANYOTHER WIRES OR CABLEWITHIN THE SPHERE OFINFLUENCE2CONTROLLER PER PLANSWITH LIGHTNING ARRESTER,PAIGE MODEL 250090LEDINLINE WITH POWER SOURCE1SPHERE OF INFLUENCE24" X 8' GROUNDING PLATE,PAIGE MODEL 182199ICWITH PRE-WELDED 6 AWGGROUNDING WIRE ANDEARTH CONTACT BACKFILL35/8" X 10' GROUNDING ROD,PAIGE MODEL 182007IC6WITH PRE-WELDED 6 AWGGROUNDING WIRE45328409.79-30 IRRIGATION SPECIFICATIONS1.GENERAL1.1.THE SYSTEM HAS BEEN DESIGNED TO CONFORM WITH THE REQUIREMENTS OF ALL APPLICABLECODES. SHOULD ANY CONFLICT EXIST, THE REQUIREMENTS OF THE CODES SHALL PREVAIL. IT IS THERESPONSIBILITY OF THE OWNER/INSTALLATION CONTRACTOR TO INSURE THE ENTIRE SYSTEM ISINSTALLED ACCORDING TO ALL APPLICABLE LAWS, RULES, REGULATIONS AND CONVENTIONS.IRRIGATION CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS ACCORDING TOFEDERAL, STATE AND LOCAL LAWS.1.2.CONTRACTOR TO VERIFY LOCATION OF ALL EXISTING UTILITIES.1.3.IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS TOENSURE PROPER SAFETY AND WORKMANSHIP WHEN WORKING IN THE VICINITY OF EXISTING UTILITYLINES.1.4.CONTRACTOR SHALL BE RESPONSIBLE TO COORDINATE AND VERIFY PROPER CLEARANCE WITH FPLON ANY WORK IN THE VICINITY OF OVERHEAD OR UNDERGROUND POWER LINES.1.5.THE CONTRACTOR MUST SUBMIT FOR APPROVAL, PRIOR TO INSTALLATION, COPIES OF THEMANUFACTURER'S CUT SHEETS/SPECIFICATIONS FOR ALL COMPONENTS TO BE USED IN THEIRRIGATION SYSTEM.1.6.THE IRRIGATION CONTRACTOR SHALL BE CERTIFIED AS A CERTIFIED IRRIGATION CONTRACTOR BYTHE IRRIGATION ASSOCIATION. THE CERTIFICATION SHALL BE CURRENT AND IN GOOD STANDING.2.SCOPE OF WORK2.1.THE WORK SPECIFIED IN THIS SECTION CONSISTS OF FURNISHING ALL COMPONENTS NECESSARY FORTHE INSTALLATION, TESTING, AND DELIVERY OF A COMPLETE, FULLY FUNCTIONAL AUTOMATICLANDSCAPE IRRIGATION SYSTEM THAT COMPLETELY COMPLIES WITH THE 100% IRRIGATION PLANS,SPECIFICATIONS, NOTES, DETAILS AND ALL APPLICABLE LAWS, REGULATIONS, CODES ANDORDINANCES. THIS WORK SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROVIDING OF ALL REQUIREDMATERIAL (PIPE, VALVES, FITTINGS, CONTROLLERS, WIRE, PRIMER, GLUE, ETC.), LAYOUT, PROTECTIONOF THE PUBLIC, EXCAVATION, ASSEMBLY, INSTALLATION, BACK FILLING, COMPACTING, REPAIR OFROAD SURFACES, CONTROLLER AND LOW VOLTAGE FEEDS TO VALVES, CLEANUP, MAINTENANCE,GUARANTEE AND AS-BUILT PLANS.2.2.ALL IRRIGATED AREAS SHALL PROVIDE 100% HEAD-TO-HEAD COVERAGE FROM A FULLY AUTOMATICIRRIGATION SYSTEM WITH A RAIN SENSOR AS SHOWN. THE RAIN SENSOR SHALL BE INSTALLED TOPREVENT ITS ACTIVATION BY ADJACENT HEADS. ALL WATERING PROCEDURES SHALL CONFORM TOLOCAL CODES, AS WELL AS THIS PROJECT'S REGIONAL WATER MANAGEMENT DISTRICT RESTRICTIONSAND REGULATIONS. ZONES ARE PRIORITIZED FIRST BY PUBLIC SAFETY AND THEN BY HYDRAULICCONCERNS. THIS SEQUENCING WILL BE A MANDATORY PUNCH LIST ITEM. THESE PLANS HAVE BEENDESIGNED TO SATISFY/EXCEED THE FLORIDA BUILDING CODE (FBC) APPENDIX F AND THE FLORIDAIRRIGATION SOCIETY STANDARDS AND SPECIFICATIONS FOR TURF AND LANDSCAPE IRRIGATIONSYSTEMS, FOURTH EDITION.2.3.CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES 72 HOURS PRIOR TOCOMMENCEMENT OF WORK.2.4.IT IS THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO FAMILIARIZE THEMSELVES WITH ALLGRADE DIFFERENCES, LOCATION OF WALLS, RETAINING WALLS, STRUCTURES AND UTILITIES. DO NOTWILLFULLY INSTALL THE SPRINKLER SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THEFIELD THAT UNKNOWN OBSTRUCTION, GRADE DIFFERENCES OR DIFFERENCES IN THE AREADIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE DESIGN. SUCH OBSTRUCTIONS,OR DIFFERENCES, SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER' AUTHORIZEDREPRESENTATIVE. IN THE EVENT THIS NOTIFICATION IS NOT PERFORMED, THE IRRIGATIONCONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS NECESSARY.2.5.IRRIGATION CONTRACTOR SHALL REPAIR OR REPLACE ALL EXISTING SITE ITEMS DAMAGED BY THEIRWORK. IRRIGATION CONTRACTOR SHALL COORDINATE THEIR WORK WITH OTHER CONTRACTORSFOR THE LOCATION AND INSTALLATION OF PIPE SLEEVES AND LATERALS THROUGH WALLS, UNDERROADWAYS AND PAVING, ETC.2.6.THE CONTRACTOR SHALL TAKE IMMEDIATE STEPS TO REPAIR, REPLACE, OR RESTORE ALL SERVICES TOANY UTILITIES WHICH ARE DISRUPTED DUE TO THEIR OPERATIONS. ALL COSTS INVOLVED INDISRUPTION OF SERVICE AND REPAIRS DUE TO NEGLIGENCE ON THE PART OF THE CONTRACTORSHALL BE THE CONTRACTOR'S RESPONSIBILITY.3.SUBMITTALS3.1.THE CONTRACTOR SHALL PROVIDE FOR APPROVAL PRIOR TO INSTALLATION, MANUFACTURER’SPRODUCT DESCRIPTION SHEETS/SPECIFICATIONS FOR ALL MAJOR COMPONENTS OF THE IRRIGATIONSYSTEM. MODEL NUMBERS SHALL BE HIGHLIGHTED OR CIRCLED.3.2.NO SUBSTITUTIONS OR DEVIATIONS FROM THE SPECIFIED BRANDS, MODELS, OR SIZES SHALL BEPERMITTED, EXCEPT WITH WRITTEN APPROVAL FROM THE LANDSCAPE ARCHITECT OF RECORD.3.3.ANY MAJOR DESIGN CHANGES SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPEARCHITECT OF RECORD PRIOR TO CONSTRUCTION; CONTRACTOR PROCEEDS WITH CHANGES ATOWN RISK. DESIGN CHANGES, SUBSTITUTIONS, OR DEVIATIONS NOT APPROVED BY THE LANDSCAPEARCHITECT OF RECORD WILL RESULT IN REJECTION AND REPLACEMENT OF MATERIALS AT NOADDITIONAL COST TO THE OWNER.4.POST CONSTRUCTION DOCUMENTATION4.1.DOCUMENTATION:4.1.1.PROVIDE THE MANUFACTURERS’ RECOMMENDED OPERATING INSTRUCTIONS FOR ALL MAJORCOMPONENTS INCORPORATED INTO THE IRRIGATION SYSTEM.4.1.2.PROVIDE SYSTEM OPERATION MANUALS, MAINTENANCE SCHEDULES, RECOMMENDEDSCHEDULE OF OPERATION INCLUDED AVERAGE APPLICATION RATES WITH SEASONALADJUSTMENTS FOR EACH ZONE.4.1.3.PROVIDE ALL REQUIRED TESTING AND INSPECTION CERTIFICATES TO THE OWNER OR OWNER’SREPRESENTATIVE4.2.AS-BUILT DRAWINGS: PROVIDE RECORD DRAWINGS AND PLANS SHOWING ALL CHANGES IN THEDESIGN TO INDICATE THE ACTUAL INSTALLATION AND LOCATION OF ALL EQUIPMENT ANDMATERIALS. THE FOLLOWING SPECIFIC ITEMS MUST BE INCLUDED:4.2.1.LOCATION AND SIZE OF MAINLINE PIPING, LATERAL PIPING, AND PIPE SLEEVING.4.2.2.ISOLATION VALVES4.2.3.REMOTE CONTROL VALVE LOCATIONS, SIZES, NUMBER, AND AREA OF COVERAGE SHOWNUSING DIFFERENT COLORS.4.2.4.SPLICE BOXES AND LOW VOLTAGE WIRING PATH.4.2.5.CONTROLLER AND RAIN SHUTOFF DEVICES.4.2.6.POINT OF CONNECTION INCLUDING THE TYPE OF WATER SOURCE, SIZE, FLOW RATE, ANDOPERATING PRESSURE.4.2.7.DATE AND SCALE.4.2.8.CONTRACTOR’S NAME, ADDRESS, AND TELEPHONE NUMBER.4.2.9.THE AS-BUILT DRAWINGS SHALL BE SIGNED BY A FLORIDA REGISTERED LANDSCAPE ARCHITECTOR PROFESSIONAL ENGINEER.4.3.CONTRACTOR SHALL FURNISH FIVE EXTRA UNITS OF EACH TYPE OF POPUP SPRAY AND EMITTER THATMATCH PRODUCTS INSTALLED AND THAT ARE PACKAGED WITH PROTECTIVE COVERING FORSTORAGE AND IDENTIFIED WITH LABELS DESCRIBING CONTENTS. INCLUDE TOOLS TO SERVICE THESEPRODUCTS.5.FINAL ACCEPTANCE5.1.FINAL ACCEPTANCE OF THE IRRIGATION SYSTEM WILL BE GIVEN AFTER THE FOLLOWING DOCUMENTSAND CONDITIONS HAVE BEEN COMPLETED AND APPROVED. FINAL PAYMENT WILL NOT BE RELEASEDUNTIL THESE CONDITIONS ARE SATISFIED.5.1.1.FINAL WALK-THRU AND CORRECTION OF ALL PUNCH LIST ITEMS.5.1.2.COMPLETION AND ACCEPTANCE OF AS-BUILT RECORD DRAWINGS.5.1.3.TURNOVER OF ALL REQUIRED PARTS AND TOOLS AS OUTLINED IN THE PROJECT SPECIFICATIONS.6.GUARANTEE6.1.FULLY WARRANT THE LANDSCAPE IRRIGATION SYSTEM FOR A PERIOD OF ONE (1) YEAR AFTER THEWRITTEN FINAL ACCEPTANCE.6.2.DURING THE WARRANTY PERIOD, ENFORCE MANUFACTURER'S AND SUPPLIER'S WARRANTIES.MALFUNCTIONS, DEFICIENCIES, BREAKS, DAMAGES, DISREPAIR OR OTHER DISORDERS DUE TOMATERIALS, WORKMANSHIP, OR INSTALLATION BY THE CONTRACTOR AND HIS SUPPLIERS SHALL BEIMMEDIATELY AND PROPERLY CORRECTED.6.3.REPAIR DAMAGES PROMPTLY WHICH ARE CAUSED BY SYSTEM MALFUNCTION.7.POINT OF CONNECTION (P.O.C.)7.1.THE POC IS A PROPOSED POTABLE WATER METER (REFER TO CIVIL PLANS) WITH TEE FOR A 1-1/2"SERVICE LINE, UTILIZING AN EXISTING MUNICIPAL POTABLE WATER MAIN. THE POC SHALL BE CAPABLEOF SUPPLYING A MINIMUM OF 35 GPM AT 60 PSI. CONTRACTOR SHALL VERIFY THESE MINIMUMCONDITIONS CAN BE MET PRIOR TO BEGINNING IRRIGATION SYSTEM INSTALLATION.7.2.IF THE CONDITIONS CAN NOT BE MET, THE CONTRACTOR MUST NOTIFY THE DESIGNER PRIOR TOPROCEEDING WITH THE WORK. IF THE CONTRACTOR DOES NOT DO SO, THE CONTRACTORPROCEEDS AT THEIR OWN RISK AND BECOMES RESPONSIBLE FOR ANY FUTURE WORK REQUIRED TOMAKE THE SYSTEM PERFORM AS REQUIRED.8.PIPING8.1.MAINLINE PIPE: PVC CLASS 200 SDR 21, NON-GASKETED, SOLVENT WELD, WITH SCHEDULE 40 PVCFITTINGS.8.2.LATERAL PIPE: PVC CLASS 200 SDR 21, NON-GASKETED, SOLVENT WELD, WITH SCHEDULE 40 PVCFITTINGS.8.3.THREADED PIPE: PVC SCHEDULE 80.8.4.PIPE LOCATIONS SHOWN ON THE PLAN ARE SCHEMATIC AND SHALL BE ADJUSTED IN THE FIELD.WHEN LAYING OUT MAINLINES PLACE A MAXIMUM OF 12" AWAY FROM EITHER THE BACK OF CURB,FRONT OF WALK, BACK OF WALK, OR OTHER HARDSCAPE TO ALLOW FOR EASE IN LOCATING ANDPROTECTION FROM PHYSICAL DAMAGE. INSTALL ALL LATERAL PIPE NEAR EDGES OF PAVEMENT ORAGAINST BUILDINGS WHENEVER POSSIBLE TO ALLOW SPACE FOR PLANT ROOT BALLS. ALWAYSINSTALL PIPING INSIDE PROJECT PROPERTY BOUNDARY.8.5.PIPES SHALL ALWAYS BE PLACED IN PLANTING BEDS. IF IT IS NECESSARY TO HAVE PIPING UNDERHARDSCAPES, SUCH AS ROADS, WALKS, AND PATIOS, THE PIPES MUST BE SLEEVED USING SCH 40 PVCWITH THE SLEEVE DIAMETER BEING TWICE THE SIZE OF THE PIPE IT IS CARRYING WITH A MINIMUMSLEEVE SIZE OF 2".8.6.PIPE SIZES SHALL CONFORM TO THOSE SHOWN ON THE DRAWINGS. NO SUBSTITUTIONS OF SMALLERPIPE SIZES SHALL BE PERMITTED, BUT SUBSTITUTIONS OF LARGER SIZES MAY BE APPROVED. ALLDAMAGED AND REJECTED PIPE SHALL BE REMOVED FROM THE SITE AT THE TIME OF SAID REJECTION.8.7.CONTRACTOR TO ENSURE ALL MAINLINE PIPING IS PROPERLY RESTRAINED USING MECHANICALJOINT FITTINGS, RESTRAINING COLLARS, THREADED RODS, THRUST BLOCKS, ETC., AS AND WHEREREQUIRED. CONTRACTOR SHALL REFER TO PIPE MANUFACTURER'S RECOMMENDED INSTALLATIONPRACTICES FOR FURTHER DIRECTION.8.8.PVC PIPE JOINT COMPOUND AND PRIMER: SLOW-DRYING, HEAVY DUTY CEMENT AND TINTED(PURPLE) PRIMER THAT IS COMPATIBLE WITH THE CEMENT. THE PVC CEMENT SHALL BE WELD-ON 2711GREY AND THE PRIMER SHALL BE WELD-ON P70 PURPLE PRIMER, OR APPROVED EQUALS.8.9.MAIN LINE PIPE DEPTH MEASURED TO THE TOP OF PIPE SHALL BE 18" MINIMUM, 36" MINIMUM ATVEHICULAR CROSSINGS.8.10.LATERAL LINE DEPTHS MEASURED TO TOP OF PIPE SHALL BE 12" MINIMUM, 30" MINIMUM ATVEHICULAR CROSSINGS.9.LAYOUT9.1.LAY OUT IRRIGATION SYSTEM MAINLINES AND LATERAL LINES. MAKE THE NECESSARY ADJUSTMENTSAS REQUIRED TO TAKE INTO ACCOUNT ALL SITE OBSTRUCTIONS AND LIMITATIONS PRIOR TOEXCAVATING TRENCHES.9.2.STAKE ALL SPRINKLER HEAD LOCATIONS. ADJUST LOCATION AND MAKE THE NECESSARYMODIFICATIONS TO NOZZLE TYPES, ETC. REQUIRED TO INSURE 100% HEAD TO HEAD COVERAGE.REFER TO THE EDGE OF PAVEMENT DETAIL ON THE IRRIGATION DETAIL SHEET.9.3.SPRAY HEADS SHALL BE INSTALLED 4" FROM SIDEWALKS OR CURBED ROADWAYS AND 12" FROMUNCURBED ROADWAYS AND BUILDING FOUNDATIONS. ROTORS SHALL BE INSTALLED 4" FROMSIDEWALKS OR CURBED ROADWAYS, 12" FROM BUILDING FOUNDATIONS, AND 36" FROM UNCURBEDROADWAYS.9.4.SHRUB HEADS SHALL BE INSTALLED ON 3/4" SCH 40 PVC RISERS. THE RISERS SHALL BE SET AT AMINIMUM OF 18" OFF SIDEWALKS, ROADWAY CURBING, BUILDING FOUNDATIONS, AND/OR ANYOTHER HARDSCAPED AREAS. SHRUB HEADS SHALL BE INSTALLED TO A STANDARD HEIGHT OF 4"BELOW MAINTAINED HEIGHT OF PLANTS AND SHALL BE INSTALLED WITHIN PLANTED MASSES TO BELESS VISIBLE AND OFFER PROTECTION. PAINT ALL SHRUB RISERS WITH FLAT BLACK OR FOREST GREENPAINT, UNLESS IRRIGATION SYSTEM WILL BE INSTALLED FROM A REUSE WATER SYSTEM WITH PURPLEPVC RISERS.9.5.LOCATE VALVES PRIOR TO EXCAVATION. INSURE THAT THEIR LOCATION PROVIDES FOR EASYACCESS AND THAT THERE IS NO INTERFERENCE WITH PHYSICAL STRUCTURES, PLANTS, TREES, POLES,ETC. VALVE BOXES MUST BE PLACED A MINIMUM OF 12" AND A MAXIMUM OF 15" FROM THE EDGEOF PAVEMENT, CURBS, ETC., AND THE TOP OF THE BOX MUST BE 2" ABOVE FINISH GRADE. NO VALVEBOXES SHALL BE INSTALLED IN TURF AREAS WITHOUT APPROVAL BY THE IRRIGATION DESIGNER; ONLYIN SHRUB BEDS. NEVER INSTALL VALVE BOXES WITHIN A SPORTS FIELD OR DESIGNATED PLAY AREA.10.ELECTRICAL POWER SUPPLY10.1.ELECTRICAL SUPPLY FOR CONTROLLER SHALL TO BE PROVIDED BY THE IRRIGATION CONTRACTOR.CONTRACTOR TO COORDINATE WITH LOCAL UTILITIES FOR THE INSTALLATION OF AND CONNECTIONTO AVAILABLE SITE POWER SUPPLY FOR REQUIRED ELECTRICAL COMPONENTS AS SET FORTH IN THE100% IRRIGATION PLANS.10.2.ALL ELECTRICAL INSTALLATION TO COMPLY WITH THE NATIONAL ELECTRICAL CODE AND ANY ANDALL OTHER APPLICABLE ELECTRICAL CODES, LAWS AND REGULATIONS. A LICENSED ELECTRICIANSHALL PERFORM ALL ELECTRICAL HOOK-UPS. POWER FOR THE CONTROLLER SHALL BE 120 VOLT, 20AMP.11.CONTROL WIRING11.1.IRRIGATION CONTROL WIRE SHALL BE THERMOPLASTIC SOLID COPPER, SINGLE CONDUCTOR, LOWVOLTAGE IRRIGATION CONTROLLER WIRE SUITABLE FOR DIRECT BURIAL AND CONTINUOUSOPERATION AT RATED VOLTAGES.11.2.ALL CONTROL WIRING SHALL BE PLACED IN PVC SCHEDULE 40 GRAY ELECTRICAL CONDUIT. ATTURNS IN DIRECTION UTILIZE JUNCTION BOXES.11.3.TAPE AND BUNDLE CONTROL WIRES EVERY 10' AND RUN ADJACENT TO THE MAINLINE. AT ALL TURNSIN DIRECTION MAKE A 2' COIL OF WIRE. AT ALL VALVE BOXES COIL WIRE AROUND A 3/4" PIECE OFPVC PIPE TO MAKE A COIL USING 30 LINEAR INCHES OF WIRE. MAKE ELECTRICAL CONNECTIONSWITH 3M-DBY,DBR CONNECTORS.11.4.NUMBER ALL WIRES USING AN ELECTRICAL BOOK OF NUMBERS ACCORDING TO THE PLANS. NUMBERWIRES IN ALL VALVE BOXES, JUNCTION BOXES AND AT THE CONTROLLER.11.5.WIRE SIZED, NUMBERED AND COLORED AS FOLLOWS:#14 WHITE FOR COMMON#14 SPARE BLACK COMMON#14 RED FOR HOT WIRES#14 SPARE YELLOW HOT WIRE12.CONTROLLER GROUNDING12.1.CONTRACTOR TO UTILIZE 4"X8'X5/8" COPPER GROUNDING PLATES, 5/8"X10' COPPER CLADGROUNDING RODS, 'ONE STRIKE' CAD WELLS AT ALL CONNECTION POINTS, #6 BARE COPPER WIRE,AND EARTH CONTACT MATERIAL. INSTALL THESE AND OTHER REQUIRED COMPONENTS AS OUTLINEDIN THE DETAIL. CONTRACTOR TO VERIFY THAT THE EARTH TO GROUND RESISTANCE DOES NOTEXCEED 10 OHMS. CONTRACTOR SHALL PROVIDE A WRITTEN CERTIFICATION ON A LICENSEDELECTRICAL CONTRACTORS LETTER HEAD SHOWING THE DATE OF THE TEST, CONTROLLER LOCATION,AND TEST RESULTS. EACH CONTROLLER SHALL BE SO GROUNDED AND TESTED.13.VALVES13.1.SEQUENCE ALL VALVES SO THAT THE FARTHEST VALVE FROM THE P.O.C. OPERATES FIRST AND THECLOSEST TO THE P.O.C. OPERATES LAST. THE CLOSEST VALVE TO THE P.O.C. SHOULD BE THE LASTVALVE IN THE PROGRAMMED SEQUENCE.13.2.ADJUST THE FLOW CONTROL ON EACH RCV TO ENSURE SHUT OFF IN 10 SECONDS AFTERDEACTIVATION BY THE IRRIGATION CONTROLLER.13.3.USING 3" HIGH NUMBER STENCILS, PAINT THE VALVE NUMBER IN WHITE ON THE LID OF EACH VALVEBOX.14.EQUIPMENT14.1.BUBBLERS SHALL BE INSTALLED USING SCH 80 NIPPLES AND SHALL BE PLACED AT THE BASE OF TREESFOR LOW LEVEL WATERING.14.2.ALL POP-UP HEADS AND SHRUB RISERS SHALL BE PRESSURE COMPENSATING. ALL POP-UP HEADSSHALL BE MOUNTED ON FLEX-TYPE SWING JOINTS.14.3.ALL SPRINKLER EQUIPMENT NOT OTHERWISE DETAILED OR SPECIFIED SHALL BE INSTALLED AS PERMANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS, AND IN ACCORDANCE WITH LOCALAND STATE LAWS.15.TRENCHING15.1.EXCAVATE STRAIGHT AND VERTICAL TRENCHES WITH SMOOTH, FLAT OR SLOPING BOTTOMS. TRENCHWIDTH AND DEPTH SHOULD BE SUFFICIENT TO ALLOW FOR THE PROPER VERTICAL AND HORIZONTALSEPARATION BETWEEN PIPING AS SHOWN IN THE PIPE INSTALLATION DETAIL ON THE DETAIL SHEET.15.2.PROTECT EXISTING LANDSCAPED AREAS. REMOVE AND REPLANT ANY DAMAGED PLANT MATERIALUPON JOB COMPLETION. THE REPLACEMENT MATERIAL SHALL BE THE SAME GENUS, SPECIES, ANDSIZE OF THE MATERIAL IT IS REPLACING. THE FINAL DETERMINATION AS TO WHAT NEEDS TO BEREPLACED AND THE ACCEPTABILITY OF THE REPLACEMENT MATERIAL SHALL BE SOLELY DETERMINEDBY THE OWNER OR OWNER'S REPRESENTATIVE.16.INSTALLATION16.1.CUT ALL PIPE SQUARE AND DEBURR. CLEAN PIPE AND FITTINGS OF FOREIGN MATERIAL, THEN APPLYA SMALL AMOUNT OF PRIMER WHILE ENSURING THAT ANY EXCESS IS WIPED OFF IMMEDIATELY.PRIMER SHOULD NOT PUDDLE OR DRIP FROM PIPE OR FITTINGS. NEXT APPLY A THIN COAT OF PVCCEMENT. FIRST APPLY A THIN LAYER TO THE PIPE, THEN A THIN LAYER INSIDE THE FITTING, AND FINALLYANOTHER VERY THIN LAYER ON THE PIPE. INSERT THE PIPE INTO THE FITTING. INSURE THAT THE PIPE ISINSERTED TO THE BOTTOM OF THE FITTING, THEN TURN THE PIPE A 1/4 TURN AND HOLD FOR 10SECONDS. MAKE SURE THAT THE PIPE DOESN'T RECEDE FROM THE FITTING. IF THE PIPE ISN'T AT THEBOTTOM OF THE FITTING UPON COMPLETION, THE GLUE JOINT IS UNACCEPTABLE AND MUST BEDISCARDED.16.2.PIPES MUST CURE A MINIMUM OF 30 MINUTES PRIOR TO HANDLING AND PLACING INTO TRENCHES. ALONGER CURING TIME MAY BE REQUIRED; REFER TO THE MANUFACTURER'S SPECIFICATIONS. THE PIPEMUST CURE A MINIMUM OF 24 HOURS PRIOR TO FILLING WITH WATER.17.BACKFILLING17.1.THE BACKFILL 6" BELOW AND 6" ABOVE ALL PIPING SHALL BE CLEAN SAND. ALL OTHER TRCNCHBACKFILL CAN BE NATIVE MATERIAL BUT SHALL NOT CONTAIN ANYTHING LARGER THAN 2" INDIAMETER.17.2.CONTRACTOR SHALL BACKFILL ALL PIPING, BOTH MAINLINE AND LATERALS, PRIOR TO PERFORMINGANY PRESSURE TESTS. THE PIPE SHALL BE BACKFILLED WITH THE EXCEPTION OF 2' ON EACH SIDE OFEVERY JOINT (BELL FITTINGS, 90'S, TEES, 45'S, ETC.). THESE JOINTS SHALL NOT BE BACKFILLED UNTIL ALLPIPING HAS SATISFACTORILY PASSED ITS APPROPRIATE PRESSURE TEST AS OUTLINED BELOW.18.TESTING & FLUSHING18.1.LEAKAGE TESTING18.1.1.REMOVE ALL REMOTE CONTROL VALVES AND CAP USING A THREADED CAP. FILL MAINLINEWITH WATER AND PRESSURIZE THE SYSTEM TO 125 PSI. MONITOR THE SYSTEM PRESSURE AT TWOGAUGE LOCATIONS; THE GAUGE LOCATIONS MUST BE AT OPPOSITE ENDS OF THE MAINLINE.WITH THE SAME RESPECTIVE PRESSURES, MONITOR THE GAUGES FOR TWO HOURS.18.1.2.PVC SOLVENT-WELD PIPE CONNECTIONS SHALL HAVE NO LEAKAGE. GASKETED PIPING SHALLLOSE NO MORE WATER THAN ALLOWED PER THE FLORIDA STATE BUILDING CODE, VOLUME IIPLUMBING, PART VI, APPENDIX 'F'. REFER TO THIS SECTION FOR THE FORMULA TO BE USED TOCALCULATE THE MAXIMUM ALLOWABLE WATER LOSS DURING THE TESTING TIME.18.1.3.REPAIR ALL LEAKS AND RETEST MAINLINE PIPING UNTIL THE TEST IS SUCCESSFUL.18.1.4.LATERAL PIPE MUST BE FILLED AND VISUALLY CHECKED FOR LEAKS. ANY LEAKS DETECTED MUSTBE REPAIRED. NO PRESSURE TEST OF THE LATERAL LINES IS REQUIRED.18.2.FLUSHING:18.2.1.PRIOR TO THE PLACEMENT OF HEADS, FLUSH ALL LINES FOR A MINIMUM OF 10 MINUTES OR UNTILLINES ARE COMPLETELY CLEAN OF DEBRIS, WHICHEVER IS LONGER.18.2.2.USE SCREENS IN HEADS AND ADJUST HEADS FOR PROPER COVERAGE AVOIDING EXCESSWATER ON WALLS, WALKS AND PAVING.18.3.OPERATIONAL TESTING:18.3.1.UPON COMPLETION OF BACKFILLING, FINISH GRADING AND CONTOURING, TEST THE ENTIRESYSTEM FOR PROPER OPERATION, INCLUDING ELECTRICALLY ACTUATING THE REMOTECONTROL VALVES. RUN EACH ZONE UNTIL WATER BEGINS TO PUDDLE OR RUN OFF. THIS WILLALLOW DETERMINATION OF THE NUMBER OF IRRIGATION START TIMES NECESSARY TO MEET THEWEEKLY EVAPOTRANSPIRATION REQUIREMENTS OF THE PLANTING MATERIAL IN EACH ZONE. INSANDY SOILS NO PUDDLING WILL OCCUR. IN THESE CASES, CALCULATE THE REQUIRED RUNTIMES.18.3.2.ONCE THE MAINLINE AND LATERAL LINES HAVE PASSED THEIR RESPECTIVE TESTS AND THE SYSTEMIS COMPLETELY OPERATIONAL, A COVERAGE TEST AND DEMONSTRATION OF THE SYSTEM ISREQUIRED. THE IRRIGATION CONTRACTOR MUST DEMONSTRATE TO THE OWNER OR HIS/HERREPRESENTATIVE THAT PROPER COVERAGE IS OBTAINED AND THAT THE SYSTEM WORKSAUTOMATICALLY FROM THE CONTROLLER. THIS DEMONSTRATION REQUIRES THAT EACH ZONE BETURNED ON IN THE PROPER SEQUENCE AS SHOWN ON THE PLANS FROM THE CONTROLLER.EACH ZONE WILL BE INSPECTED FOR PROPER COVERAGE AND FUNCTION. THE DETERMINATIONOF PROPER COVERAGE AND FUNCTION WILL BE SOLELY DETERMINED BY THE OWNER OROWNER'S REPRESENTATIVE.REGISTRATIONDATE: 8/7/2020REGISTRATION NO. 6667430MARC STEFAN BORTAK, RLA, ASIC, CID SW 10TH ST. OLD D I X I E H I G H W A Y SW 2 N D A V . 3501 Griffin Road Ft. Lauderdale, FL 33312 (954) 266-2700 Fx:(954) 266-2701 sma@saltzmichelson.com Project No. : Drawn By : AA-0002897 Checked By : Date: REVISIONS 2019-155 GS CM 04-09-2020 MS C T R A I N I N G F A C I L I T Y 92 2 S O U T H F E D E R A L H I G H W A Y DA N I A B E A C H , F L O R I D A , 3 3 0 0 4 signed KAMM CONSULTING PROJECT #: PROJECT MANAGER: Certification of Authorization #8189 Deerfield Beach, Florida 33442 Phone 954.949.2200 Fax 954.949.2201engineering@kammconsulting.com date 1407 West Newport Center Drive ISSUED FOR PERMIT ISSUED FOR CONSTRUCTION 6-3-20 - 2020-00285 ART KAMM SP-042-20MOD AMO Site Plan Modification, 2nd Review RESPONSES TO COMMENTS ZONING TIER I COMMENTS Incomplete information was provided. Further review and comment will be conducted by sta* after additional information is provided by the applicant. See comments below. 1. Provide a narrative response to all remaining comments. Acknowledged. 2. Sheet A1.00 – The net acreage of the site is 1.23 acres. Correct the information on the table. Include the total gross acreage per Code Section 635-50. Revise plans accordingly. SECOND TIME REQUESTED. Corrected. Gross and net acreage provided. 3. Sheet A1.00 - Provide the 24’ dimension from the property line to the canopy structure to demonstrate the design variation application request (OT-017-25). Since the canopy roof edge is the same as the edge of concrete pad and the dimension of 21’-7” is already shown, the comment is satisfied, and no revision is needed. 4. Applicant must provide the results of a Municipal Lien Search Request from the Finance Department stating that there are no outstanding Code Violations or Liens on the property prior to the item being scheduled for a public hearing. The statement must be not be older than 90 days prior to the public hearing date. Per Section 680-40, any property with outstanding Code Violations or Liens shall not be scheduled for a public hearing. The form is available on the City’s Web site, costs $100 and takes 5 days to process. Submit the lien search 30 days prior to public hearing. SECOND TIME REQUESTED. Lien search included in this submission. 5. Any deviation to Site Plan may require a City Commission public hearing for approval prior to permitting. Acknowledged. [Tier 1 comment responses approved by Jessica Mackey via 6/18/2025 e-mail.] TIER II COMMENTS: 6. Must provide the latest revised set of plans, signed and sealed, electronically addressing all DRC comments. This is provided in this submission. 7. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, location of equipment and material during construction. Staging will occur on site. 8. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, the applicant must obtain Maintenance of Tra*ic Plan approval by the City Engineer for period of construction prior to issuance of a building permit. Staging will occur on site. 9. Please e-mail resolution and legal description, prepared by an attorney, for development approval in word format to cbatista@daniabeachfl.gov four (4) weeks prior to public hearing. Resolution and legal description e-mailed on 6/26/2025. 10. Applicants are expected to contact neighbors adjacent to the property, as well as condominiums and neighborhood associations to advise of this development. Please provide documentation (such as mailing receipts, photographs of community meetings, letters of support/objection) of public outreach e*orts. This will be provided prior to the public hearing. 11. MAILED NOTICE: To comply with the provisions of Section 610-30(D), the applicant must provide mailing list and labels for property owners within 1,000’ of the development site to Community Development at least 30 days prior to public hearing; information must be no older than 60 days. The City will prepare and mail the notices. Understood. 12. POSTED NOTICE GUIDELINES: Per Article 610, the applicant must obtain and post property signs in accordance with the City requirements. The following guidelines apply: The applicant shall be responsible for posting signs along all street frontages of the property that is the subject of a public hearing hereunder. The sign shall be posted between ten (10) and twenty (20) feet from the edge of street pavement in a manner so as to be visible from the public rights-of-way. The sign shall be at least thirty (30) inches, by thirty- six (36) inches in area, and shall contain substantially the following language: PUBLIC HEARING NOTICE Petition number Date: Time: Project/Application description: For Information Call: (954) 924-6800 If the owner, applicant or agent is aware that the sign is destroyed or removed from the property, or damaged beyond full legibility, the applicant is responsible for obtaining another sign from the city and posting the sign on the property. The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeals, request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified above. The applicant shall, ten (10) days prior to the public hearing, execute and submit to the department an a*idavit of proof of the posting of the public notice sign in accordance with this section. If the applicant fails to submit the a*idavit, the public hearing will be postponed until the next public hearing after the a*idavit has been supplied. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign, the city shall have the right to remove same. Understood. NOTES: · Application fee pays for only 2 reviews of the project. Additional review by sta* will require additional payment. Understood. · Continuous and on-going site inspections will be conducted by sta* throughout the entire building process. Understood. · FLOOD PLAN: Finished floor elevations, per Article 220-10(C) All structures shall be constructed with a lowest FFE of at least 1 foot above the 100-year flood elevation. Identify FFE on plans. The property is in Flood Zone X as shown on Sheet C-1. FFE is shown on Sheet C-1. · Prior to submittal of a building permit, please contact the Building O*icial (954-924- 6085 X3650 to schedule a pre-application meeting. Understood. DC ENGINEERS, INC. MSC Training Facility - Page 1 Memorandum To: Adrianna Martinez American Maritime Officers Plans 2 West Dixie Highway Dania Beach, FL 33004 From: J. Suzanne Danielsen, P.E. Date: May 27, 2025 Re: MSC Training Facility - Dania Beach, Florida Trip Generation Statement As requested, Danielsen Consulting Engineers, Inc. (DC Engineers, Inc.) has prepared this trip generation statement specific to development of a 14,170 square foot Military Sealift Command (MSC) center (and 600 square foot concrete pad proposed to accommodate the installation of a prefabricated steel training tower) providing a variety of training opportunities for newly employed civil service mariners. The new facility is proposed to be constructed along the east side of SW 2 Avenue south of Old Dixie Highway within municipal limits of the City of Dania Beach, Florida. Attachment A includes a current site plan. The City's Code of Ordinances (Section 605-30) requires that each development application includes an estimate of trip generation. In the event the proposed development is shown to generate more than 50 gross peak hour trips (using applicable rates and formulae provided within the Institute of Transportation Engineers (ITE) report Trip Generation), a full traffic study will be required. Trip Generation Estimates of trip generation for the proposed MSC Training Facility were determined using rates and formulae published in the Institute of Transportation Engineers (ITE) report Trip Generation (11th Edition). Appropriate Land Use Categories (LUC) include Junior/Community College LUC 540. According to ITE, this LUC includes educational facilities like two-year junior, community and technical colleges. Trip generation rates and formulae specific to four-year colleges and universities are included within LUC 550 University/College. Based upon this information, the weekday, AM peak hour, and PM peak hour trip generation rates for the proposed land uses are as follows. Junior/Community College - ITE Land Use #540 Daily Trips: Ln(T) = 0.67Ln(X) + 3.27 (50% inbound and 50% outbound) where T = number of trips and X = students AM Peak Hour Trips Ln(T) = 0.63Ln(X) + 1.30 (81% inbound and 19% outbound) PM Peak Hour Trips Ln(T) = 0.68Ln(X) + 0.81 (56% inbound and 44% outbound) The results of this effort are documented in Table 1 included as Attachment B. As shown in Table 1, this building type and size is expected to produce 362 vehicle trips per day (vpd) with 43 vehicle trips occurring during the AM peak hour (35 entering and eight (8) exiting) and 32 vehicle trips occurring during the PM peak hour (18 entering and 14 exiting). The Trip Generation report no longer offers square footage as a variable for LUC 540. This updated traffic statement therefore refers to the number of students. ATTACHMENT A Site Plan FT LAUDERDALE MIAMI 3501 Griffin Rd 8400 NW 36th St, Suite 450 sma@saltzmichelson.com Fort Lauderdale, FL 33312 Doral, FL 33166 saltzmichelson.com 954.266.2700 305.764.3138 AR0009976 MSC Facility Training Tower and Canopy 25 W. Dixie Highway (formerly 922 S. Federal Highway) Dania Beach, FL 33004 Site Plan Modification Narrative ADDITION OF A 600 SF CONCRETE PAD ADJACENT TO THE EXISTING MSC TRAINING FACILITY TO ACCOMMODATE THE INSTALLATION OF A PRE-FABRICATED STEEL TRAINING TOWER. IT SHALL BE LOCATED ADJACENT TO THE EXISTING MSC TRAINING FACILITY BUILDING, WITHIN ITS 10 FT PERIMETER FENCE/WALL. THE TRAINING TOWER IS 25 FT TALL. A 40 FT X 15 FT X 30 FT TALL WHITE ALUMINUM CANOPY WILL BE PROVIDED OVER THE TOWER IN ORDER TO PROVIDE SHADE DURING TRAINING EXERCISES AND PROTECTION OF THE TOWER FROM RAIN. A 20 FT TALL GRAY CANVAS WILL BE INSTALLED AT THE STREET FACING SIDE OF THE CANOPY IN ORDER TO SCREEN THE TOWER FROM VIEW. THIS TRAINING TOWER ADDITION WILL PROVIDE NEW TRAINING COURSES FOR THE STUDENTS ON THE AMO CAMPUS WHO ALREADY ATTEND OTHER COURSES FOR CERTIFICATION. THERE IS NO INCREASE IN TRAFFIC FLOW OR PARKING DUE TO THIS PROJECT. THERE IS NO CHANGE TO EXISTING ZONING, ACCESS DRIVEWAYS OR FIRE ACCESS WITHIN THE SITE. THE CANOPY HEIGHT IS ONLY A 5 FT INCREASE OVER THE TALLEST EXISTING BUILDING HEIGHT, WHICH IS 25 FT. LOT COVERAGE (IMPERVIOUS AREA) INCREASES FROM 54% TO 55%, LESS THAN 2% WITH THE 600 SF COVERAGE ADDED. THE WORK WILL ONLY REQUIRE RELOCATION OF (1) CHRISTMAS PALM TREE WITHIN THE SITE. ATTACHMENT B Trip Generation Table 1: Trip Generation Summary Proposed Uses Land Use Scale Units Total Trips Inbound Outbound Total Trips Inbound Outbound Total Trips Inbound Outbound Junior/Community College (LUC 540) 50 students 43 35 8 32 18 14 362 181 181 Subtotal 43 35 8 32 18 14 362 181 181 Internal (0%) Subtotal 43 35 8 32 18 14 362 181 181 Pass-by (0%) Total 43 35 8 32 18 14 362 181 181 Source: ITE Trip Generation Manual (11th Edition) AM Peak Hour PM Peak Hour Daily DC Engineers, Inc. MSC Training Facility Tower 05/27/25 922 South Federal Highway, Dania Beach Proj. No. 25-09 Prepared by Susan C Holland, P.E. Elevations are referenced to NAVD 1988 Post-Development Calculations General Information Total Project Area = 1.23 Acres -----Paved Area = 0.34 Acres -----Building Area= 0.32 Acres -----Lake Area = 0.00 Acres Recreation Area = --0.-00_A_c_r _es------Landscape Area = 0.57 Acres -----Total Impervious Area = 0.66 Acres Total Pervious Area (TPA) = 0.57 Acres Exist. Min. Floor Elevation = 11.08' -----Exist. Min. Crown of Road = 0.00' -----Exist. Average Finished Grade= 8.50 ' -----Lake Control Stage = 0.00' -----Flood Criteria (Dade County only)= 0.00' -----October Water Table = 2.00' -----(Wet season water table) Credit (Dade County only) = 0,00 II -----Discharge Off-site = ----- Storm Event Information Finished Floor Elevation 100 year 3 day event = 18.35 11 100 Year 1 day event = 13.50 11 ----- Perimeter Grade Elevation Parking Lot elevation 25 year 1 day event = 10.50 11 -----25 year 3 day event = 14.27 11 10 year 1 day event = 9.511 MSC Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 ( 53.7%) ( 46.3%) Lie. No. 41831 MSC Training Facility Tower 922 South Federal High way, Dania Beach Proj. No. 25-09 Existing Exfiltration Trench Data C Factor Existing Trench Length = 75.0 ' Trench Width = 4.0 ' Trench Depth = 4.0 ' Pipe Diameter = 1.25 ' K = 0.00166 storm event = 3.28 " ------ H2 (depth to water table) = 5.50' ------ Du (non-saturated trench depth)= 4.0' ------ Ds (saturated trench depth)= 0.0 ' ------ Pervious = 0.6 ------Impervious = 0.9 ------Weigh ted C Factor = 0.76 MSC Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 5/27 /2025 (0.57) X ( 0.6 0) + (0.66) X ( 0.90) = 0.76 1.23 MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Post-Development 5/27/2025 SCS Curve Number Design Water Table Elevation = 2.00'-------...,...Average Finished Grade = 8.50 ' Average Depth Water Table = 6.50' ----- Compacted Water Storage -(CWS) = (From Table at right for Flatwoods type) 6,75 II Ground Storage Under Pervious Area (CWS/12 in/ft) x (TMPA) = 0.32 AC-FT Soil Storage (S) = 3.13 11 SCS Curv Number (CN) = 76.17 MSC Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 Cumulative Soil Moisture Storage S.F.W.M.D Vol. IV, pg C-III-3, figure C-III-1 DWT=Depth to Water Table NAS=Natural Available Storage DAS=Developed Available Storage DWT 1.0' 2.0' 3.0' 4,0 NAS 0,60 II 2.50 II 5.40 11 9.00 II DAS 0.45 11 1,88 II 4.05 II 6,75 II MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Post Development Requirements for Water Quality First 1" of runoff 5/27/2025 Volume = 1" x 1ft/12" x 1.23 Acres = 0.10 AC-FT 3 Year - 1 Hour event = 2.5" Total project area -roof area = 1.23 acres -0.32 acres = 0.91 acres 0.91 acres -0.57 acres (pervious area) = 0.34 acres (impervious) 0.34 acres I 0.91 acres X 100% = 37% impervious 2.5" X 0.37 = 0.93" to be treated 0.93" X 1.23 acres = 1.14 acre-inches (0.09 acre-feet) Water quality provided in exfiltration trench = 4.03 acre-inches (0.34 acre feet). MSC Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Post-Development Stage I Storage Stage 2.00 I 3.00 I 4.00 I 5.00 I 6.00 I 7.00 I 7.50 8.00 I 8.50 I 9.00 I 9.50 10.00 I 10.50 I 11.00 11.50 I Lake 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00 AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00 AC-FT 0.00AC-FT 0.00AC-FT 0.52 acres (Linear from 7.0 to 9. 75) Landscape Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.13AC-FT 0.26AC-FT 0.39AC-FT 0.52AC-FT 0.65AC-FT 0.85AC-FT 1.11 AC-FT 1.37 AC-FT 1.63 AC-FT Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 Area of Developed Site Grading= 0.91 Acres 0.05 acres* (Vert. from 7.00') bottom at 7', top at 9.2' Retention Area Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.03AC-FT 0.05AC-FT 0.08AC-FT 0.10AC-FT 0.13AC-FT 0.15 AC-FT 0.18AC-FT 0.20AC-FT 0.23AC-FT 0.34 acres (Linear from 8.25'-10.9') Surface Storage Trench Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.04AC-FT 0.13AC-FT 0.21 AC-FT 0.30AC-FT 0.38AC-FT 0.48AC-FT 0.65AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 5/27/2025 Total 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.50AC-FT 0.65AC-FT 0.85AC-FT 1.09 AC-FT 1.33 AC-FT 1.64AC-FT 2.01 AC-FT 2.39AC-FT 2.85AC-FT MSC Training Facility Tower 5/27/2025 922 South Federal Highway, Dania Beach Proj. No. 25-09 Post-Development Finished Floor Elevation 100 Year - 1 Day Event= 13.50" (from SFWMD Manual) 100 year - 3 day event= 13.50 11 x (1.359) = Q = [ 18.35 18.35 --0.20 +0.80 ( 3.13 )] 2 = 15.06" ( 3.13 ) 15.06 II Volume= 15.06" (1.23) = 12 in/ft -0.00 11 (Dade Co. Credit) = 15.06 11 1.54 AC-FT Corresponding Stage = 9.85 ' FFE of existing building is 11.08' NAVO 25 Year. 3 Dav 25 Year - 1 Day Event= (from SFWMD Manual) 10.50 II 25 -year - 3 day event = 10.50 " X (1.359) = Q = [ 14.27 14.27 --0.20 +0.80 Volume= 11.10 11 (1.23) = 12 in/ft (3.13 )]2 = 11.10" ( 3.13 ) 1.14 AC-FT Corresponding Stage= 9.10' : Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 18.35" 14.27 II 25 Year. 1 Dav 25 Year - 1 Day Event = (from SFWMD Manual) Q = [10.50 10.50 --0.20 +0.80 Volume = 7.49 11 (1.23) = 12 in/ft (3.13 )]2 ( 3.13 ) 0.77 AC-FT 10,50 II = 7.49 II Corresponding Stage =8.30 ' : Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 MSC Training Facility Tower 5/27/2025 922 South Federal Highway, Dania Beach Proj. No. 25-09 Q = [ 9.50 9.50 6.56 II Parking Area Elevation --0.20 +0.80 1 0 year - 1 Day Event= 9.50 11 (3.13)]2 = 6.56 11 ( 3.13 ) -0.00 11 (Dade Co. Credit)= 6.56 11 Volume = 6.56 11 (1.23) = 0.67 AC-FT ---12-in-,-/ft-- Corresponding Stage = 8.01 ' Crown of Road at Elevation =8.25 ' MSC Training Facility Tower Post-Dev Drainage Calculations 05-27-2025 Exfilt Trench Lenght (2) MSC Training Facility Tower 5/2 7/2025 922 South Federal Highway, Dania Beach Proj. No. 25-09 Post-Development Exfiltration Trench Length C Pervious = 0.60 C Impervious= 0.90 Weighted C Factor= 0. 76 storm event = 3.28 Trench width = 4.00 H2 (depth to water table) = 5.50 Du (non-saturated trench depth)= 4.00 Ds (saturated trench depth)= 0.00 Capacity of existing system= 4.03 AC-IN (0 .34 AC-FT) 1.23 acres X 3.28" = 4.03 AC-IN L = 4.03 L= 0.00166 X [( 5.5 X 4) + ( 2 X 5.5 X 4) - ( 4 ) 2 + (2 X 5.5 XO)]+ [(.000139 X 4 X 4] 47.29' Length of existing exfiltration system = 75 feet Entire exfiltration trench is dry Page 1 MSC Training Facility Tower 05/27/25 922 South Federal Highway, Dania Beach Proj. No. 25-09 Prepared by Susan C Holland, P.E. Elevations are referenced to NAVO 1988 Pre-Development Calculations General Information Total Project Area = __ 1._23_A_c_re_s_ Paved Area = 0.33 Acres Building Area = __ 0._32_A_c __ re_s_ Lake Area = 0.00 Acres -----Recreation Area = 0.00 Acres Landscape Area = 0.58 Acres -----Total Impervious Area = 0.66 Acres Total Pervious Area (TPA) = 0.58 Acres Exist. Min. Floor Elevation = 11.08' -----Exist. Min . Crown of Road = 0.00 ' -----Exist . Average Finished Grade= __ 8_.5_0_' __ Lake Control Stage = 0.00' -----Flood Criteria (Dade County only)= __ o __ .0 __ 0_' __ October Water Table = 2.00 ' -----(Wet season water table) Credit (Dade County only) = 0,00 II -----Discharge Off-site = ----- Storm Event Information Finished Floor Elevation 100 year 3 day event = 18.35 11 100 Year 1 day event = 13.50 11 ----- Perimeter Grade Elevation Parking Lot elevation 25 year 1 day event= 10.50 11 -----25 year 3 day event = 14.27 11 1 O year 1 day event = 9.511 MSC Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 ( 53.7%) ( 47.2%) Lie. No. 41831 MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No . 25-09 Existing Exfiltration Trench Data C Factor Existing Trench Length = 75.0 ' Trench Width= 4.0' Trench Depth = 4.0 ' Pipe Diameter = 1.25 ' K = 0.00166 storm event = 3.28 " ------ H2 (depth to water table) = 5.50 '. ------ Du (non-saturated trench depth)= 4.0' ------ Os (saturated trench depth)= 0.0' ------ Pervious = 0.6 -'------Impervious= 0.9 ------Weighted C Factor= 0.77 MSC Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 5/27/2025 (0.58) X ( 0.60) + (0.66) X ( 0.90) = 0.77 1.23 MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Pre-Development 5/27/2025 SCS Curve Number Design Water Table Elevation = 2.00 ' Average Finished Grade = 8.50 ' Average Depth Water Table = 6.50 ' Compacted Water Storage -(CWS) = (From Table at right for Flatwoods type) 6.75" Ground Storage Under Pervious Area (CWS/12 in/ft) x (TMPA) = 0.33 AC-FT Soil Storage (S) = 3.18 " SCS Curv Number (CN) = 75.86 MSC Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 S.F.W.M.D Vol. IV, pg C-I11-3, figure C-III-1 DWT=Depth to Water Table NAS=Natural Available Storage DAS=Developed Available Storage DWT NAS DAS 1.0 0.60" 0.45" 2.0 2.50" 1.88" 3.0 5.40" 4.05" 4.0 9.00" 6.75" MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Pre Development Requirements for Water Quality First 1" of runoff 5/27/2025 Volume= 1" x 1ft/12" x 1.23 Acres = 0.10 AC-FT 3 Year -1 Hour event= 2.5" Total project area -roof area= 1.23 acres -0.32 acres= 0.91 acres 0.91 acres -0.58 acres (pervious area)= 0.33 acres (impervious) 0.33 acres I 0.91 acres X 100% = 36% impervious 2.5" X 0.36 = 0.90" to be treated 0.90" X 1.23 acres= 1.11 acre-inches (0.09 acre-feet) Water quality provided in exfiltration trench = 4.03 acre-inches (0.34 acre feet). MSC Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Pre-Development Stage / Storage Stage 2.00 I 3.00 I 4.00' 5.00' 6.00' 7.00' 7.50' 8.00' 8.50' 9.00' 9.50' 10.00 1 10.50' 11.00' 11.50' Lake 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00 AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.53 acres (Linear from 7.0 to 9. 75) Landscape Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.O0AC-FT 0.00AC-FT 0.13AC-FT0.27 AC-FT0.40AC-FT 0.53AC-FT 0.66AC-FT0.86AC-FT 1.13 AC-FT 1.39 AC-FT1.66 AC-FT Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 Area of Developed Site Grading = 0.91 Acres 0.05 acres* (Vert. from 7.00') bottom at 1: top at 9.2' Retention Area Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.03AC-FT 0.05AC-FT 0.08AC-FT 0.10AC-FT 0.13AC-FT 0.15AC-FT 0.18AC-FT 0.20AC-FT 0.23AC-FT 0.33 acres (Linear from 8.25'-10.9') Surface Storage Trench Storage 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.00AC-FT 0.04AC-FT 0.12AC-FT 0.21 AC-FT 0.29AC-FT 0.37 AC-FT 0.47 AC-FT 0.64AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 5/27/2025 Total 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.34AC-FT 0.50AC-FT 0.66AC-FT 0.86AC-FT 1.09 AC-FT 1.34 AC-FT 1.64 AC-FT 2.02AC-FT 2.40 AC-FT 2.87 AC-FT MSC Training Facility Tower 922 South Federal Highway, Dania Beach Proj. No. 25-09 Pre-Development 5/27/2025 Finished Floor Elevation 100 Year - 1 Day Event= (from SFWMD Manual) 100 year - 3 day event = 13,50 II X Q= [ 18.35 --0.20 ( 3.18 )] 2 18.35 +0.80 ( 3.18 ) 15,01 II - 0.00 11 (Dade Co. Credit) Volume= 15.01 11 (1.23) = 12 in/ft 1.54 AC-FT 13.50 II (1,359) = = 15.01 11 = 15,01 II Corresponding Stage = 9.82 ' Q= 11,05 II Volume= FFE of existing building is 11.08' NAVD 25 Year. 3 Dav 25 Year - 1 Day Event= (from SFWMD Manual) 25 -year - 3 day event = 10,50 II X [ 14.27 --0.20 ( 3.18 )] 2 14.27 +0.80 ( 3.18 ) -0.00 11 (Dade Co. Credit)= 11.05 11 11.05 II (1.23) =1.13 AC-FT 12 in/ft Corresponding Stage = : Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 10,50 II (1.359) = = 11.05 II 9.08 18,35 II 14.27 II Q= 11.05" Volume= [ 10.50 10.50 25 Year. 1 Dav 25 Year - 1 Day Event= (from SFWMD Manual) --0.20 p.18 }] 2 +0.80 ( 3.18 ) -0.00 " (Dade Co. Credit)= 11.05" 7.48" (1.23) = 0.77 AC-FT 12 in/ft Corresponding Stage = ; Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 10.50" = 7.48" 8.28' MSC Training Facility Tower 5/27/2025 922 South Federal Highway, Dania Beach Proj. No. 25-09 Q = [ 9.50 9.50 6.52 II Parking Area Elevation --0.20 +0.80 1 0 year - 1 Day Event= 9.50 11 ( 3.18 )] 2 ( 3.18 ) = 6.52 II -0.00 11 (Dade Co. Credit)= 6.52 II Volume = 6.52 11 (1.23) = 0.67 AC-FT ------12 in/ft Corresponding Stage = 8.01 ' Crown of Road at Elevation =8.25 ' MSC Training Facility Tower Pre-Dev Drainage Calculations 05-27-2025 Exfilt Trench Lenght (2) MSC Training Facility Tower 5/27/2025 922 South Federal Highway, Dania Beach Proj. No. 25-09 Pre-Development Exfiltration Trench Length C Pervious = 0.60 C Impervious = 0.90 Weighted C Factor = 0.77 storm event = 3.28 Trench width = 4.00 H2 (depth to water table) = 5.50 Du (non-saturated trench depth)= 4.00 Os (saturated trench depth)= 0.00 Capacity of existing system = 4.03 AC-IN (0.34 AC-FT) 1.23 acres X 3.28" = 4.03 AC-IN L = 4.03 L = 0.00166 X [( 5.5 X 4) + ( 2 X 5.5 X 4) - ( 4 ) 2 + (2 X 5.5 XO)]+ [(.000139 X 4 X 4] 47.29' Length of existing exfiltration system = 75 feet Entire exfiltration trench is dry Page 1 AMERICAN MARITIME OFFICERS PLANS MEDICAL – PENSION – MONEY PURCHASE BENEFIT – VACATION – SAFETY & EDUCATION – 401(K) 2 West Dixie Highway, Dania Beach, FL 33004 – 4312 Telephone: (954) 920-4247 or (800) 348-6515 www.amoplans.com July 23, 2025 City of Dania Beach 100 W. Dania Beach Blvd Dania Beach, FL 33004 RE: SP-042-20MOD Community Outreach Summary Dear DRC Staff: In accordance with the DRC Tier II comments, we held our Community Outreach meeting yesterday, July 22nd from 5pm – 5:30pm via zoom. The meeting room was open at 5:00pm and we held off on starting the meeting until 5:25pm to allow others to participate. There was a total of six (6) participants, including a city representative and a resident. The details of the project were presented, an opportunity for questions was given as well as information regarding the public hearing meeting on August 26th. There were no concerns presented. We look forward to moving the project forward to the public hearing meeting. Sincerely, Barbara Skrak Executive Director Encl: Community Outreach Letter Order ID:7854043 Page 1 of 3 8/5/2025 11:24:04 AMPrinted: GROSS PRICE * :$246.40 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com, Classified.ss.com_Legal AdSize(s):2 Column Run Date(s):Monday, August 11, 2025 Zone:Full Run Color Spec.B/W Preview Order ID:7854043 Page 2 of 3 8/5/2025 11:24:04 AMPrinted: GROSS PRICE * :$246.40 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Order ID:7854043 Page 3 of 3 8/5/2025 11:24:04 AMPrinted: GROSS PRICE * :$246.40 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: PLACE |City Commission Chamber Dania Beach City Hall 100 West Dania Beach City Hall. Dania Beach,FL 33004 TIME |7:00 PM PROJECT |AMO Site Plan Modification &Design Variation LOCATION |25 W Dixie Highway OWNER |AMOPT LLC REQUEST |To request approval a site plan modification and a design variation to install a steel climbing structure and an associated canopy. FILE #|SP-042-20MOD/OT-017-25 THIS PROPERTY IS THE SUBJECT OF UPCOMING PUBLIC HEARINGS This Sign is the property of the City of Dania Beach. In accordance with Section 610-30 of the Land Development Code, it shall be unlawful for any person to injure, cut, break or destroy in any manner any building or other thing belonging to or under the control of the City. Persons marring or removing the Notice may be subject to fine and/or imprisonment. Tuesday, June 13, 2017; CITY OF DANIA BEACH PUBLIC HEARING NOTICE TUESDAY, AUGUST 26, 2025 For more information, please visit our website http://daniabeachfl.gov or call (954) 924-6800 x 3792. 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33327 ZORG HOLDING DB LLC 231 174TH ST #808 SUNNY ISLES BEACHFL 33160 City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director Claudia Viviana Batista, Planning & Zoning Manager SUBJECT: SP-043-24/OT-027-25: The applicant and property owner, Braha Dania LLC, requests approval of a Design Variation and Site Plan for the construction of 168 condo-hotel units, a 168-room hotel, approximately 19,677 square feet of commercial use, and 18 townhome dwelling units on the property located at 225- 255 E. Dania Beach Boulevard. Request: DESIGN VARIATIONS BUILDING FRONTAGE To allow for the proposed rowhouse dwelling/townhome to be twenty-five foot, eleven inches (25’11”) where a minimum thirty-foot (30’) of building depth in first layer is required, per the City’s LDC Sec. 303-60(M). SITE PLAN APPROVAL The applicant is requesting Site Plan approval for the construction of 168 condo-hotel units, 168- room hotel, approximately 19,677 square feet of commercial use, and eighteen (18) townhome dwelling units. PROPERTY INFORMATION ZONING: East Dania Beach Blvd- Mixed Use (EDBB-MU) LAND USE DESIGNATION: Regional Activity Center (RAC) SITE LOCATION: 225-255 East Dania Beach Blvd SITE ACREAGE: 4.8 Gross Acres/ 3.26 Net Acres EXISTING USE: Office Building CODE VIOLATIONS: None Background: The subject property is a 3.26-acre parcel and is located at the west corner of East Dania Beach Boulevard and Fronton Boulevard. The property is encumbered with four (4) street frontages. The property is currently operating as an office building. The site is surrounded by the Dania Beach Casino to the east, multifamily residential to the north and commercial uses to the west and south. On June 10, 2025, the site received a text amendment approval by the City Commission to modify the existing building height from four (4) stories to seven (7) stories. Approval of the requested site plan would allow for the development of three towers, seven (7) story, with 168 condo-hotel units, 168-room hotel, approximately 19,677 square feet of commercial use, including a parking garage with 486 parking spaces, and eighteen (18) townhome dwelling units. DESIGN VARIATIONS 1. Building Frontage The property has four (4) street frontages. Each street frontage is required to have an active first layer. Only the North elevation is requesting design variation. The project is required to be occupied by a liner building with a minimum depth in the first layer of thirty feet (30’) per City’s LDC Section 303-60(M). The applicant is proposing a row of two-story townhomes facing NE 1st Terrace, along the north side of the project, with twenty-five feet, eleven inches (25’11”) building depth. This provision of the LDC ensures that the proposed structure placement creates greater emphasis on pedestrian activity to create an urban style development. The criteria justification for the Design Variation provided from the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 1. Whether the request is for a reasonable accommodation of design flexibility that results in overall superior development and design consistent with the intent and principles of this subpart that govern the standard for which variation is requested; or Applicant Response: This is an urban redevelopment site that is encumbered with four (4) street frontages. The minimum lot size for a Rowhouse/Townhouse unit is required to be 75 feet x 100 feet. The proposed townhomes are not intended to be a simple fee title; therefore, the proposed Rowhouse/Townhouse are twenty-five foot eleven inches (25’11”) where a minimum thirty-foot (30’) of building depth in first layer is required per the City’s LDC Sec. 303-60(M). If the site was required to comply with this requirement on the north side, this would leave no space to provide interior traffic circulation and a parking garage. The Community Development Staff considers the first layer design variation request is needed in order to accommodate the proposed development property to maximize the use of the property and meet the building liner fronting the street for the development. 2. Whether the variation is appropriate to accommodate site conditions not anticipated in these regulations or to reconcile conflicting requirements, provided the request is generally consistent with the intent and principles of this subpart that govern the standard for which variation is requested. Applicant Response: This project has been designed as an overall mixed-use development which has incorporated the City’s CRA design guidelines. The design variation requested is to meet the mixed-use need without compromising the efficiency of the development. This is an urban infill site that is surrounded on four (4) sides by streets. The uniqueness of the overall parcel, surrounded by diverse uses, including a major thoroughfare, a casino, and commercial uses, provides a buffer to the residential uses to the north without missing the pedestrian friendly and scale compatibility by seating the most dense and active area of the project to East Dania Beach Blvd., and proposing the townhomes to the north. The Community Development staff agree with this assessment. Due to the site being encumbered with four (4) street frontages, the applicant is proposing Townhouse to meet the frontage compatibility and create a buffer between the other uses and the residential to the north. SITE PLAN: The proposed development would consist of three (3) buildings, seven (7) stories high each building. The west and central towers will contain 84 condo-hotel units each, and the east tower will contain 168-room hotel. The combined commercial area will be approximately 19,677 square feet with a shared parking garage with a total of 486 parking spaces with 121 lift parking mechanism, 52 spaces for valet services, and 64 bike racks for the overall development. To meet the compatibility requirements, the development includes eighteen (18) townhome dwelling units to the north to buffer the proposed uses from the established residential area. The project is required to meet the CRA standards for streetscape and furnishing. Per Code Sec. 206-60(B), a large scale as the proposed mixed-use development is required to provide ten (10) green building design practices or obtain a minimum certification as a USGBC LEED certified development, or obtain minimum certification as a GBI Green Globes-certified development. The development seeks to meet the gold certification of USGBC LEED Compliance to meet with this requirement. Stormwater Management: The City’s Code of Ordinance requires a Storm Water Management Plan to be submitted and approved prior to the issuance of a building permit. A stormwater management plan is mandatory for all projects that change the surface to be impervious or alter pervious areas, regardless of City Commission approval. Post-development runoff must not exceed pre- development runoff rates for a 25-year storm event. The City's current drainage level of service is to retain the first inch of rainfall on-site and maintain predevelopment runoff rates for a 25- year storm event. The city enforces a "General Requirements" stormwater management plan, including an "interim design standard" specifying groundwater and surface water levels before a design event. Please refer to Resolution No. 2023-039 and Ordinance No. 2023-007. Based on the applicant’s preliminary drainage report and plans, it does indicate that the project will be designed to meet the city’s minimum stormwater requirements. The Site Plan identifies twelve percent (12%) of land as pervious area where the Land Development Code requires a minimum of ten percent (10%) as pervious per Code Section303-50(I). TRAFFIC STUDY: The traffic study submitted by the applicant was updated in February 2025. The City Engineer accepted the findings in the report. IMPACT FEES Park and Recreation: Payment of the Recreation and Open Space Impact Fee is to be paid at the time of the building permit. The impact fee is $1,825 for each townhouse unit, which results in the Park Impact fee of $32,850 ($1,825 X 18 units). Public Art: The City’s Public Art Program specifies a fee to be paid into the Public Art fund by new development projects over $1 million in construction value. Based on the construction value, the applicant must contribute to the City’s Public Art fund. Alternatively, they may choose to install public art on site equal to half of the required contribution and provide payment into the City’s Public Art fund. RAC Traffic: The Traffic Impact Study prepared by Via Planning Inc. on February 2025, identifies (240) PM peak hour trips, whereas the existing was identified with (110) PM peak hour trips. Therefore, the proposed use is more intense than the existing. There will be RAC Traffic Impact Fees for this development for a total of $5,102.40 DEVELOPMENT REVIEW COMMITTEE (DRC) The site plan was reviewed by the DRC in October 2024, March 2025, May 2025, and July 2025. The committee includes personnel from the BSO Fire, Public Services, the City’s landscape consultant, and the Community Development Department’s Planning Division. The applicant has several outstanding staff comments that must be addressed prior to the issuance of a building permit or otherwise specified time frame, which are provided below. The DRC comments are listed as conditions of approval in the site plan resolution and are provided below. 1. A signed, sealed, and dated survey shall be submitted identifying the center line on NE 2nd Court. The survey shall clearly dimension the full right-of-way (ROW) width and center line to center line as well as clearly show and label the city-owned parcel. (Engineering) 2. Any revisions to the site layout will require a site plan modification. (Engineering) 3. A signed, sealed, and dated survey of Fronton Boulevard ROW for the length of the property is required to confirm the new edge of pavement along the East side of the project. The site and civil plans shall be revised to show and label the new edge of pavement and ensure that a consistent edge of pavement is shown and dimensioned along the full length of the East side of the development. Dimensions of travel lanes, curb, sidewalks, medians, etc., are required. (Engineering) 4. The Engineer of Record shall provide revised, signed, and sealed civil engineering plans and drainage report addressing pending Engineering comments delineated on Engineering’s DRC approval, dated July 25, 2025. The Architect of Record shall provide revised signed and sealed site plan sheets addressing the pending Engineering comments stated on Engineering’s DRC approval dated July 25, 2025. (Engineering) 5. All building roof areas, including the townhouses, shall be directly connected to the onsite stormwater management system, consisting of an exfiltration trench and drainage wells. (Engineering) 6. At a minimum, the Finished Floor Elevation shall be greater than the 100-year 3-day storm event. (Engineering) 7. The Owner / Developer is required to construct a private lift station onsite and connect to the City’s existing main force in East Dania Beach Boulevard Right-of-Way at their own cost per the DRC plans. (Engineering) 8. Due to the fact that the City of Dania Beach is approaching sanitary sewer capacity with respect to the large user agreements,additional flows to the sewer utility systemmay generate the need to modify the agreement. The Applicant is responsible for all fees to update the agreement as necessary. (Engineering) 9. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant’s property identified in Exhibit “A”, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the owner’s expense. (Engineering) 10. A profile for the proposed Force Main (FM) in the ROW is required. (Engineering) 11. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process (Engineering) 12. Provide Broward County standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 13. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications except for parking stall striping. (Engineering) 14. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering) 15. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm-water service lines, etc. (Engineering) 16. Show all utilities on the Ground Level Landscape Plan & Schedule, Sheet LP-1, for potential conflicts. (Engineering) 17. Provide ADA parking, access / driveway, and sidewalks /ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons" and latest edition of "Accessibility Requirements Manual" by Department of Community Affairs, Florida Board Building Codes and Standards, and in accordance with Americans with Disability Act (ADA). (Engineering) 18. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, FDOT, BC Environmental, BC Aviation, BCTED etc.). Also, include Utility / Right of Way Permits from City, Broward County, and State Roads as applicable. (Engineering) 19. All internal intersections shall have traffic control devices compliant with the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 20. ADA and regular parking spaces shall follow the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 21. Pavement marking and signage shall follow City, MUTCD, BCTED, and FDOT Standards. (Traffic) 22. The ADA pavement markings and signs shall face the aisle. (Traffic) 23. Directional arrows shall follow the traffic direction for all driving aisles. (Traffic) 24. R3-5R Right turn only signs shall be included at the driveways. (Traffic) 25. Provide Broward County standard details for pavement marking and signage. All traffic control signs and devices shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. All pavement markings shall be alkyd-based thermoplastic and fully retro- reflectorized, per BCTED specifications except for parking stall striping. Please include a note indicating this.(Traffic) 26. Final approval of TIS is contingent upon FDOT review and acceptance of the Traffic Impact Analysis (TIA), including the proposed queue analysis methodology and results. (Traffic) 27. Provide Broward County (BC) standard details for all pavement markings and signage. All signs shall conform to BCTED and MUTCD standards. Sign faces shall use Type XI retroreflective sheeting, except for school zone and pedestrian signs, which shall be fluorescent yellow-green Type IV. (Traffic) 28. All pavement markings (excluding parking stall striping) shall be alkyd-based thermoplastic, fully retroreflectorized, per BCTED specifications. (Traffic) 29. Provide an MOT plan prepared by a Florida-licensed Professional Engineer or General Contractor, per FDOT and local agency requirements. The MOT shall address pedestrian, bicycle, and vehicular traffic in a safe and efficient manner. (Traffic) 30. Additional comments may be issued and must be addressed before permit approval. (Traffic) 31. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction, which will be established at the time of building permit submittal per Code Sec. 811-70. (Planning) 32. RECREATION AND OPEN SPACE IMPACT FEE: Per Resolution 2015-071, $1,825 per townhouse dwelling must be paid for the Recreation and Open Space Impact Fee. Therefore, a total of $32,850.00 (18 units x 1,825) is to be paid at the time the building permit is issued. (Planning) 33. RAC Transportation Impact Fees. The Via Planning Inc. Consulting Traffic Impact Technical Memo identifies xx PM Peak Hour Trips for the 225-255 E. Dania multifamily site plan. Therefore, the difference in peak hours is $5,102.40 (240 trips X $21.26) due prior to the issuance of a building permit (Planning). 34. STORMWATER PLAN: Per the Dania Beach Code of Ordinances, Chapter 27, Section 27- 227, “a stormwater management plan shall be submitted to the city for all projects that add impervious area or modify pervious area, whether or not city commission approval is required.” Please provide a stormwater management plan for engineering review and comment. Should include provisions that exceed minimum requirements. (Planning). 35. Provide the estimated construction value for development so that impact fees may be determined. (Planning). 36. Proposed 7FT wide and 996.31 FT in length sidewalks [EB23][CB24] on E. Dania Beach Blvd (7FT wide will require a dedication as per regulations from Code Sec. 309-10 (Complete Streets) (Planning). 37. Per Code Sec. 8-7 Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details with the next submittal. The City Commission must approve the use of the City Logo. (Planning). 38. For all projects resulting in the buildout of the site, construction staging cannot occur on-site; must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, the location of equipment and materials during construction. (Planning). COMMUNITY OUTREACH At the staff’s request, the applicant held a virtual meeting on July 28, 2025. Two (2) members of the public attended the meeting and expressed their support for the project. A summary of the outreach meeting is included in the backup materials. COMPREHENSIVE PLAN This application supports the Comprehensive Plan by furthering the following goals: Future Land Use Element • Policy 1.1.5.1 Encourage development to enhance the tax base of the community. • Policy 1.1.5.5 Commercial, office, employment center, and industrial land uses will be identified in accordance with the Comprehensive Plan. • Policy 1.1.10.2 The permitted uses of the Comprehensive Plan shall permit the mixing of land uses consistent with land development regulations. Budgetary Impact Approval of the Design Variations and Site Plan will enable this site to be redeveloped, expanding the City’s tax roll and collection of applicable impact fees as described in this staff report. Recommendation The Community Development Department is recommending approval of the resolution for the Design Variation and Site Plan, providing that the remaining DRC comments are made conditions of approval and must be addressed prior to the issuance of a building permit. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-043-24) AND DESIGN VARIATION (OT-027-25) SUBMITTED BY THE OWNER, BRAHA DANIA, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 225-255 E. DANIA BEACH BLVD., IN THE CITY OF DANIA BEACH, PROVIDING FOR CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the Chapter 28, entitled "Land Development Code" (the "LDC"), of Part 6, entitled "Development Review Procedures and Requirements," Article 635, entitled "Site Plans" of the City Code of Ordinances provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, Braha Dania, LLC (the "Applicant") is requesting site plan approval (SP- 043-24) for the proposed construction of a mixed-use development on the property legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant is requesting site plan approval for the proposed construction of a mixed-use development consisting of 168 condo-hotel units, a 168-room hotel, approximately 19,677 sq. ft. of commercial uses, and 18 rowhouse/townhome dwelling units (SP-043-24) as referenced in Exhibit "B", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant has requested a Design Variation (OT-027-25) pursuant to the provisions in Section 301-50(D), of the LDC, requesting relief from the minimum lot size requirement for the 18 rowhouse/townhome units (OT-027-25); and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings; and 2 RESOLUTION #2025-_____ WHEREAS, the City Commission approves the proposed Site Plan (SP-043-24) and Design Variation (OT-027-25) to permit the future development of the subject property pursuant to and consistent with the attached site plan provided as Exhibit “B”; and WHEREAS, the City Commission finds that the approval of the Site Plan (SP-043-24) and Design Variation (OT-027-25) are consistent with the City's Land Development Code and Comprehensive Plan and will protect the health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the Comprehensive Plan. 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 pursuant to Chapter 28 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 635 "Site Plans," the following Site Plan (SP-043-24), attached as Exhibit "B”, is approved. Section 3. That pursuant to Chapter 28 "Land Development Code," Subpart 1, Article 301, "Legal and Administrative Provisions," Section 301-50, "Variations in design; procedure for review of design variations," the following Design Variation Application (OT-027-25) is approved as consistent with the Site Plan provided in Exhibit "B". Section 4. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. Show, label, and provide the dimensions for the city parcel 504234290021 between the site and NE 2nd Court on all site and civil plan sheets. (Engineering) 2. A signed, sealed, and dated survey shall be submitted identifying the center line on NE 2nd Court. The survey shall clearly dimension the full right-of-way (ROW) width and center line to center line as well as clear show and label the city owned parcel. (Engineering) 3. Any revisions to the site layout will require a site plan modification. The survey submitted is not clear and needs to be revised to clearly show the center line on NE 2nd Ct. I included at the end, as well as clear show and label the city owned parcel. (Engineering). 4. A signed, sealed, and dated survey of Fronton Boulevard ROW for the length of the property is required to confirm the new edge of pavement along the East side of the project. The site and civil plans shall be revised to show and label the new edge of pavement and ensure that a consistent edge of pavement is shown and dimensioned along the full length of the East side of the development. Dimensions of travel lanes, curb, sidewalks, medians, etc., are required. (Engineering) 3 RESOLUTION #2025-_____ 5. The Engineer of Record shall provide revised, signed, and sealed civil engineering plans and drainage report addressing pending Engineering comments delineated on Engineering’s DRC approval, dated July 25, 2025. The Architect of Record shall provide revised signed and sealed site plan sheets addressing the pending Engineering comments stated on Engineering’s DRC approval dated July 25, 2025. (Engineering) 6. All building roof areas, including the townhouses, shall be directly connected to the onsite stormwater management system, consisting of an exfiltration trench and drainage wells. (Engineering) 7. At a minimum, the Finished Floor Elevation shall be greater than the 100-year 3-day storm event. (Engineering) 8. The Owner / Developer is required to construct a private lift station onsite and connect to the City’s existing main force in East Dania Beach Boulevard Right-of-Way at their own cost per the DRC plans. (Engineering) 9. Due to the fact that the City of Dania Beach is approaching sanitary sewer capacity with respect to the Large User Agreement between the City of Dania Beach and the City of Hollywood (Reso No.80-90), additional flows to the sewer utility system may generate the need to modify the agreement. The Applicant is responsible for all fees to update the agreement, as may be necessary. This determination is usually made at the COH permitting review. (Engineering) 10. In the event that the proposed construction causes adverse drainage effects to the surrounding areas, causing flooding outside of the Applicant’s property identified in Exhibit “A”, it is the responsibility of the owner of the development to address the concerns of the neighbors and provide a solution at the owner’s expense. (Engineering) 11. A profile for the proposed Force Main (FM) in the ROW is required. (Engineering) 12. During building permit review additional comments may apply and will need to be addressed prior to Building Permit approval as part of the permit review process. (Engineering) 13. Provide Broward County (BC) standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 14. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications except for parking stall striping. (Engineering) 15. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering) 16. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm-water service lines, etc. (Engineering) 17. Show all utilities on the Ground Level Landscape Plan & Schedule, Sheet LP-1, for potential conflicts. (Engineering) 4 RESOLUTION #2025-_____ 18. Provide ADA parking, access / driveway, and sidewalks /ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons" and latest edition of "Accessibility Requirements Manual" by Department of Community Affairs, Florida Board Building Codes and Standards, and in accordance with Americans with Disability Act (ADA). (Engineering) 19. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, FDOT, BC Environmental, BC Aviation, BCTED etc.). Also, include Utility / Right of Way Permits from City, Broward County, and State Roads as applicable. (Engineering) 20. All internal intersections shall have traffic control devices compliant with the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 21. ADA and regular parking spaces shall follow the City, MUTCD, BCTED, and FDOT Standards. (Traffic) 22. Pavement marking and signage shall follow City, MUTCD, BCTED, and FDOT Standards. (Traffic) 23. The ADA pavement markings and signs shall face the aisle. (Traffic) 24. Directional arrows shall follow the traffic direction for all driving aisles. (Traffic) 25. R3-5R Right turn only signs shall be included at the driveways. (Traffic) 26. Provide Broward County standard details for pavement marking and signage. All traffic control signs and devices shall conform to Broward County Traffic Engineering (BCTED) and MUTCD standards. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications, except for parking stall striping. Please include a note indicating this.(Traffic) 27. Final approval of TIS is contingent upon FDOT review and acceptance of the Traffic Impact Analysis (TIA), including the proposed queue analysis methodology and results. (Traffic) 28. Provide Broward County (BC) standard details for all pavement markings and signage. All signs shall conform to BCTED and MUTCD standards. Sign faces shall use Type XI retroreflective sheeting, except for school zone and pedestrian signs, which shall be fluorescent yellow-green Type IV. (Traffic) 29. All pavement markings (excluding parking stall striping) shall be alkyd-based thermoplastic, fully retro-reflectorized, per BCTED specifications. (Traffic) 30. Provide an MOT plan prepared by a Florida-licensed Professional Engineer or General Contractor, per FDOT and local agency requirements. The MOT shall address pedestrian, bicycle, and vehicular traffic in a safe and efficient manner. (Traffic) 31. Additional comments may be issued and must be addressed before permit approval. (Traffic) 32. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction, which will be established at the time of building permit submittal per Code Sec. 811-70. (Planning) 5 RESOLUTION #2025-_____ 33. RECREATION AND OPEN SPACE IMPACT FEE: Per Resolution 2015-071, $1,825 per townhouse dwelling must be paid for the Recreation and Open Space Impact Fee. Therefore, a total of $32,850.00 (18 units x 1,825) is to be paid at the time the building permit is issued. (Planning) 34. RAC Transportation Impact Fees. The Via Planning Inc. Consulting Traffic Impact Technical Memo identifies xx PM Peak Hour Trips for the 225-255 E. Dania multifamily site plan. Therefore, the difference in peak hours is $5,102.40 (240 trips X $21.26) due prior to the issuance of a building permit (Planning). 35. STORMWATER PLAN: Per the Dania Beach Code of Ordinances, Chapter 27, Section 27-227, “a stormwater management plan shall be submitted to the city for all projects that add impervious area or modify pervious area, whether or not city commission approval is required.” Please provide a stormwater management plan for engineering review and comment. Should include provisions that exceed minimum requirements. (Planning). 36. Provide the estimated construction value for development so that impact fees may be determined. (Planning). 37. Proposed 7FT wide and 996.31 FT in length sidewalks on E. Dania Beach Blvd will require a dedication as per regulations from Code Sec. 309-10 (Complete Streets)(Planning). 38. Per Code Sec.8-7 Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details with the next submittal. The City Commission must approve the use of the City Logo. (Planning). 39. For all projects resulting in the buildout of the site, construction staging cannot occur on- site; must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, the location of equipment and materials during construction. (Planning). Section 5. That pursuant to Section 635-100 "Expiration of Site Plans" of the Land Development Code, the Site Plan (SP-043-24) and Design Variation Application (OT-027-25) approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan, within eighteen (18) months from the date of this Resolution. Section 6. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit 6 RESOLUTION #2025-_____ if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 7. That the associated department Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 8. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ 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 7 RESOLUTION #2025-_____ Exhibit “A” Legal Description Lots 1 through 11, inclusive, and Lot 12 less the West 14 feet, Block 1, DANIA COUNTRY CLUB ESTATES, according to the Plat thereof, recorded in Plat Book 32, Page 23, of the Public Records of Broward County, Florida. a/k/a 255 East Dania Beach Blvd., Dania, FL 33004 Exhibit “B” 8 RESOLUTION #2025-_____ 49613697v1 44049.0008 We are inviting you to attend a virtual community meeting to discuss a pending Application for Site Plan Approval which has been submitted to the City of Dania Beach and relates to that certain property located at 225-255 E. Dania Beach Blvd. This meeting is being held to discuss the development proposed for the property identified in the location map below. All interested parties are encouraged to participate in this virtual meeting. Representatives of the applicant and the project team will be available during the meeting to present the proposed plan and address questions. VIRTUAL COMMUNITY MEETING DETAILS Meeting Date & Time: MONDAY, JULY 28, 2025, 6:00 PM – 7:00 PM To participate, you must register before 3:00 p.m. on July 28, 2025. Instructions provided below. If you have specific questions regarding the proposed development that you would like answered during the community meeting, we request that you send them to Edwin J. Stacker via e-mail to estacker@shutts.com in advance of the meeting. REGISTRATION Please use this link to register https://shutts.zoom.us/meeting/register/AJ9tu3TRQfu3hoP4se5eIA. You will then receive the login information for the meeting. Virtual Community Meeting Invitation SUBJECT PROPERTY 49613697v1 44049.0008 INSTRUCTIONS FOR ZOOM MEETING In order see and hear our presentation you will need a computer, laptop or tablet and speakers. Download Zoom on your device using https://zoom.us/support/download. When you join the meeting, you will be in Listen Only mode. You will be able to “ask” questions during the presentation by using the In Meeting Chat function. If you do not have the equipment listed above, you can also call into the meeting to hear the presentation and ask questions. Please use the following link to view the list of the zoom international numbers: Zoom International Dial-in Numbers - Zoom The meeting ID will be provided when you register for the meeting. name add 101 FRONTON REALTY TRSNOW,MARY E TRSTEE 403 HIGHLAND AVE 101 REALTY LLC%RICHARD ZWELSKY 301 NE 3 AVE 111 SECOND AVENUE LLC 1709 SW 4 ST 1217 INVESTMENTS LLC 5010 VAN BUREN ST 126 NE 1ST AVE LLC 310 POLK STREET 132 PARTNERS LLC 132 NE 1 AVE 1843 LLC 16102 EMERALD ESTATES DR #226 19 S FEDERAL LLC 100 E DANIA BEACH BLVD 200 EDB LLC 67 N FEDERAL HWY 2018-2 IH BORROWER LP%INVITATION HOMES - TAX DEPT 1717 MAIN ST #2000 209-211 SE 1 STREET LLC 1215 N SOUTHLAKE DR 210 SE PARK ST LLC 7901 4 ST N #300 238 S E PARK LLC 13 NE 2 AVE #104 24 DANIA LLC 2990 GRIFFIN ROAD SUITE 4 242 EDB LLC 67 N FEDERAL HWY 254E DANIA BEACH LLC 1912 S OCEAN DR UNIT 19D 26BUILDERS LLC 1830 NE 193 ST 309 DANIA GARALFA COKAMOTO LLC 209 LANDING BLVD 4 DANIA BEACH HOLDINGS LLC 6201 SW 70 ST #200 7-ELEVEN INC 1722 ROUTH ST STE 1000 ACKLEY,MAUREEN &ACKLEY,DEBORAH 121 SE 3 AVE APT 202 ADELIZZI,MARY ANNADELIZZI,ROBERT A 18 VIRGINIA DR AFFORDABLE ACCOUNTING & TAXSERVICES LLC 66 N FEDERAL HWY AGUILAR,FABIAN & HELENE W 121 SE 3 AVE APT 606 AGUIRRE,LUIS ENRIQUERAMIREZ,NORA 5920 NW 40 ST AGYHA GROUP LLC 1201 S OCEAN DR #602N AMARANTO,CLAUDIA M H/EARAGAO,MARIA C 215 NE 1 TER AMOS,ANTHONY T 101 SE 3 AVE APT 102 ANDERSON,LARREL W PO BOX 827411 AQUINO,JUAN T &AQUINO,ROSARIO L 8932 SW 49 ST ARANGO,JOSEDESIMONI,JORGE 241-243 NE 1 TER #1-2 ARANTES,ROSELI M 101 SE 3 AVE UNIT 302 ARGOITIA,ISAAC & IGONE 101 SE 2 CT ARNOLD,ALBERT G & HENRIETTE L 101 SE 3 AVE #504 ARNOLD,WALLACE RARNOLD,MARGARET S 201 EVERINGHAM ROAD ASGARD REAL ESTATE LLC 1494 SW 32 CT AUTEX CORP 4000 HOLLYWOOD BLVD #140-N AVANZINI,KARL 111 SE 3 AVE #606 BACCA INVESTMENTS INC 715 JUNIPER LN BACKES,EDWARD PATRICKORTIZ,DANA 530 E 23 ST #13-F BAILEY,SUSAN 111 SE 3 AVE #208 BARIL,JEAN PHILIPPEPELLERIN,GINETTE 196 PIE XII ST BARIL,JEAN PHILIPPERUSSELL,SARAH ETAL 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33004 MIAMI FL 33179 *QUEBEC QC CA J3R 4 E9 DANIA BEACH FL 33004 3754 DANIA BEACH FL 33004 DANIA BEACH FL 33004 4809 DANIA BEACH FL 33004 2814 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DELRAY BEACH FL 33444 DANIA BEACH FL 33004 AVENTURA FL 33180 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 AVENTURA FL 33180 DANIA BEACH FL 33004 HOLLYWOOD FL 33019 DANIA BEACH FL 33004 BEECHER IL 60401 COOPER CITY FL 33330 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 GILROY CA 95020 7723 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3704 DANIA BEACH FL 33004 DANIA BEACH FL 33004 NEW WINDSOR NY 12553 *SHERBROOKE QC CA J1J 1 R6 DANIA BEACH FL 33004 3717 HOLLYWOOD FL 33020 HOLLYWOOD FL 33019 DANIA BEACH FL 33004 3721 *REPENTIGNY QC CA J5Y 3 C9 OAK LAWN IL 60453 HAMILTON NJ 08690 DANIA BEACH FL 33004 DANIA BEACH FL 33004 HOLLYWOOD FL 33019 DANIA BEACH FL 33004 3643 FORT LAUDERDALE FL 33004 DANIA BEACH FL 33004 3743 DANIA BEACH FL 33004 DANIA BEACH FL 33004 LODI NJ 07644 DANIA BEACH FL 33004 3713 DANIA BEACH FL 33004 3754 OCEANSIDE NY 11572 4357 OCEANSIDE NY 11572 4357 *QUEBEC QC CA J6A 6 H8 SUNNY ISLES BEACH FL 33160 WINSTOM SALEM NC 27102 DANIA BEACH FL 33004 DANIA BEACH FL 33004 HOLLYWOOD FL 33019 FORT LAUDERDALE FL 33315 DANIA BEACH FL 33004 HOLLYWOOD FL 33021 DANIA BEACH FL 33004 3707 DANIA BEACH FL 33004 S GLASTONBURY CT 06073 0486 DAVIE FL 33325 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 HALLANDALE BEACH FL 33009 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3716 DEARBORN MI 48124 DANIA BEACH FL 33004 4807 HOLLYWOOD FL 33019 DANIA BEACH FL 33004 DANIA BEACH FL 33004 HOLLAND PA 18966 HOLLAND PA 18966 DANIA BEACH FL 33304 DANIA BEACH FL 33004 DANIA BEACH FL 33004 2819 DANIA BEACH FL 33004 HOLLYWOOD FL 33020 DANIA BEACH FL 33004 3715 DANIA BEACH FL 33004 HOLLYWOOD FL 33019 *STE MARTHE SURLELAC QC CA J0N 1 P0 BELMONT MA 02478 MIAMI FL 33131 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 WILTON CT 06897 1823 DANIA BEACH FL 33004 3624 DANIA BEACH FL 33004 3725 DANIA BEACH FL 33004 DALLAS TX 75221 0711 DANIA BEACH FL 33004 NILES MI 49120 8715 DALLAS TX 75201 DANIA BEACH FL 33004 4808 ARLINGTON MA 02476 FORT LAUDERDALE FL 33301 1341 MIAMI FL 33131 DANIA BEACH FL 33004 HOLLYWOOD FL 33020 BOCA RATON FL 33486 PEMBROKE PINES FL 33024 DANIA BEACH FL 33004 HOLLYWOOD FL 33024 NASHOTAH WI 53058 9552 PISCATAWAY NJ 08854 DANIA BEACH FL 33004 DANIA BEACH FL 33004 4809 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3728 City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: TX-010-25: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Land Development Code (LDC) to change the parking requirement for hotel use located within the Regional Activity Center (RAC) (SECOND READING). Request: TEXT AMENDMENT Amending Section 265-50, entitled “Off-street parking required; on-street parking credit” to eliminate parking requirements for hotel use located in the RAC. PUBLIC HEARING NOTICE This item was duly advertised, posted and noticed pursuant to Article 610 of the LDC. Background: On September 14, 2010, the City Commission approved the City’s new Land Development Code (LDC) referred to as OneCode. As staff continues to use the new regulations, scrivener’s errors, inaccuracies and vague, imprecise or ambiguous language continues to emerge, some of which staff is proposing to address at this time. In addition, over time any set of regulations becomes antiquated unless periodically updated. TEXT AMENDMENT A recent planning trend that has emerged in the field of Urban Planning is the elimination of parking requirements. While this may seem dramatic, the Planning staff in the Community Development Department are proposing a targeted elimination of parking requirements; only for hotel use and only located within the RAC. The City of Dania Beach is uniquely located adjacent to the Fort Lauderdale-Hollywood Internation Airport and Port Everglades seaport. Current trends have shown that visitors to our City rely on ride share services and not a private automobile, thereby reducing the need to provide excessive parking. While the elimination of a parking requirement in the City’s LDC will remove the minimum number of parking spaces required for a hotel use, it does not prohibit a hotel from providing parking if they desire to do so. Budgetary Impact No budgetary impact applicable for this request. Recommendation Planning and Zoning Board Recommendation On May 21, 2025, the Planning and Zoning Board heard this item. The Board’s recommendation will be presented at the City Commission meeting. City Commission Previous Action On May 27, 2025, the City Commission approved this Text Amendment on first reading. Staff Recommendation Staff recommends the City Commission approved the text amendment on second and final reading. ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”, AT PART 2, ENTITLED “SITE DEVELOPMENT REGULATIONS”, ARTICLE 265 ENTITLED “OFF STREET PARKING REQUIREMENTS AT SECTION 265-50 ENTITLED “OFF-STREET PARKING REQUIRED; ON-STREET PARKING CREDIT” IN ORDER TO REDUCE THE REQUIRED PARKING FOR HOTELS IN THE CRA FORM-BASED ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to amend the City’s Land Development Code, Chapter 28, at Part 2, entitled “site Development Regulations”, Part 2, entitled “Site Development Regulations”, Article 265, entitled “Off-Street Parking Requirements” in order to reduce the required parking for hotels in the CRA Form-Based Zoning Districts; and WHEREAS, Dania Beach is located next to the Ft. Lauderdale/Hollywood Airport (which airport is jurisdictionally located within Dania Beach) and the Ft. Lauderdale Port, and travelers have not been using rental cars when staying at Dania Beach hotels; and WHEREAS, a planning analysis appears to support such reduction in required parking as it relates to restaurants, other large gathering spaces, lounges, restaurants, and shops; and WHEREAS, the City Commission finds that the ordinance amendment is reasonably related to the health, safety, and general welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the City of Dania Beach Comprehensive Plan (“Comprehensive Plan”). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That Chapter 28, entitled “Land Development Code”, Part 2, entitled “Site Development Regulations”, Article 265, entitled “Off-Street Parking Requirements” in order to reduce the required parking for hotels in the CRA Form-Based Zoning Districts is amended as follows: 2 ORDINANCE #2025-______ Sec. 265-50. Off-street parking required; on-street parking credit. * * * (D) [Abbreviations.] Abbreviations used in the off-street parking requirement table. CSA = Customer service area Pkg = Parking Requ. = Requirement, required I/B = Inbound O/B = Outbound SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS Minimum Off-Street Parking Requirement Use All Other Districts CRA Form-Based Districts (A) Residential and Lodging *** 3 Hotels and Motels One (1) per guest room Plus ten (10) spaces per one thousand (1,000) sf of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, shops and other accessory uses Eight-tenths (0.8) per guest room plus five (5) spaces per one thousand (1,000) sf of floor area for ballrooms, restaurants, lounges and shops; one fourth (0.25) per seat for banquet/meeting rooms. In CC, EDBB-MU and GTWY-MU districts Zero (0) parking required. * * * Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be 3 ORDINANCE #2025-______ renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 5. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on June 24, 2025. PASSED AND ADOPTED on second reading on ___________________ 2025. First Reading: Motion by: Commissioner Ryan. Second by: Commissioner Lewellen. Second Reading: Motion by: _________________________________ Second by: _________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ 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 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH,FLORIDA A Public Hearing will be conducted by the City of Dania Beach City Commission on the following date to consider the following application: DATE:Tuesday,August 26,2025 TIME:7:00 p.m.or as soon thereafter as the same may be heard PLACE:City Commission Chambers Dania Beach City Hall 100 West Dania Beach Blvd. Dania Beach,FL 33004 SUBJECT:TX-010-25:The applicant,the City of Dania Beach,is requesting a text amendment to the City’s Land Development Code (LDC)to change the parking requirement for hotel use located within the Regional Activity Center (RAC).(Second Reading) The following is the proposed Ordinance of the matter: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING CHAPTER 28,ENTITLED “LAND DEVELOPMENT CODE”,AT PART 2,ENTITLED “SITE DEVELOPMENT REGULATIONS”,ARTICLE 265 ENTITLED “OFF STREET PARKING REQUIREMENTS”,AT SECTION 265-50,ENTITLED “OFF-STREET PARKING REQUIRED;ON-STREET PARKING CREDIT”IN ORDER TO REDUCE THE REQUIRED PARKING FOR HOTELS IN THE CRA FORM- BASED ZONING DISTRICT;PROVIDING FOR CODIFICATION;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;CODIFICATION;AND FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed requests or applicable information are available online. For more information,please call the Planning Division at (954)924-6805 Ext. 3654 and staff will direct you to the online project information. Please be advised that if a person decides to appeal any decision made by Local Planning Agency,the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing,such person will need a verbatim record of the proceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based.The City does not provide or prepare such record pursuant to F.S.286.0105. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact the City Clerk’s office,100 West Dania Beach Boulevard,Dania Beach,Florida 33004, (954)924-6800 Ext.3624,at least 48 hours prior to the meeting. Application Information Project:Text Amendment Application Site:City Wide Request:To request amendments to the City’s Land Development Code (LDC) to change the parking requirements for hotel located within the Regional Activity Center (RAC). Hearing Date &Time:August 26,2025 at 7:00 p.m. Hearing Location:City Commission Chambers,Dania Beach City Hall,100 West Dania Beach Blvd Contact Information:Corinne Lajoie,AICP,Deputy Director,954-924-6805 Ext.3704 City of Dania Beach Community Development Memorandum DATE: 8/26/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: TX-048-24: The applicant, Greenspoon Marder, LLP, is requesting to create a new zoning district within the City’s Code of Ordinances, Land Development Code (LDC), establishing Gateway Mixed-Use II zoning district (SECOND READING). Request: To amend the City’s LDC, establishing a new zoning district entitled Gateway Mixed-Use II. Background: On March 12, 2024, the City Commission eliminated the use of incentives in the City’s form- based zoning districts in order to reduce the size and intensity of new development being built in the City. This resulted in reducing the allowed building height from fourteen (14) stories with incentives to seven (7) stories and reduced the allowed density from one hundred (100) dwelling units per acre with incentives to fifty (50) dwelling units per acre in the Gateway Mixed-Use zoning district. On May 13, 2025, the City Commission heard this item on first reading where a density reduction was discussed. Eighty-five (85) dwelling units per acre was originally requested, which is an increase of thirty-five (35) dwelling units per acre. Since first reading, the applicant has revised their initial request from eighty-five (85) dwelling units per acre to seventy-five (75) dwelling units per acre in response to the discussion at first reading. Request The applicant is requesting to create a new zoning district entitled Gateway Mixed-Use II which, if approved as submitted, it would allow eight (8) stories in height and seventy-five (75) dwelling units per acre. As part of this Amendment, the proposed new zoning district will require any new development in this newly created zoning district to provide all of the following public amenities: 1. Sustainable Building Practices achieving LEED Certification 2. Provide payment in lieu of Public Parking 3. Provide Public Parks contribution 4. Provide enhances Stormwater Improvements The current height and density allowed in the Gateway Mixed-Use zoning district is identified in the table below, along with the height and density proposed for the newly created Gateway Mixed-Use II zoning district. REGULATION GTWY-MU District (existing) GTWY-MU II District (proposed) DENSITY 50 du/ac 75 du/ac HEIGHT 7-stories 8-stories COMPREHENSIVE PLAN This new zoning district is identified to only be implemented on properties currently located within the existing Gateway Mixed-Use district which is located in the Regional Activity Center. The applicant indicated that their Text Amendment application “ensures a harmonious integration of new projects with the existing development patterns.” In addition to this Text Amendment to create a new zoning district, the applicant has also submitted a Rezoning and Site Plan application for development of property consistent with the proposed regulations. These applications will be brought to a later public hearing. If this new zoning district fails to receive approval the applicant would have to modify their proposed site plan in order to comply with the current zoning regulations as identified in the table above. Planning and Zoning Board Recommendation On March 19, 2024, the Planning and Zoning Board recommended denial of the requested text amendment by a 3-1 vote (Roberson – yes, Granett – yes, Wright – yes, and De La Salas – no). City Commission Previous Action On May 13, 2025, the City Commission approved this Text Amendment on first reading instructing the applicant to reduce the requested density for this new zoning district when they return for second reading. Budgetary Impact No budgetary impact applicable for this request. Recommendation The Community Development Department is recommending the City Commission approve this proposed Text Amendment on second and final reading. 1 ORDINANCE #2025-______ ORDINANCE NO. 2025-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”; AT PART 3, ENTITLED “SPECIAL ZONING DISTRICTS”, SUBPART 1 ENTITLED “COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS” TO CREATE THE BEACH GATEWAY MIXED USE II DISTRICT (GTWY-MU-II) AT SECTION 303-75, ENTITLED “GTWY-MU-II, BEACH GATEWAY MIXED-USE II DISTRICT”; ALSO TO PROVIDE FOR THE FOLLOWING REVISIONS: AMENDING ARTICLE 300 ENTITLED “HOW TO USE”, SECTION 300-70, ENTITLED “COMMONLY USED ABBREVIATIONS”; AMENDING ARTICLE 302 ENTITLED “DETAILED USE REGULATIONS”, SECTION 302-10, ENTITLED “PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AT SECTION 302-40, ENTITLED “MIXING OF USES”; AMENDING ARTICLE 304 ENTITLED “BUILDING HEIGHT AND TRANSITION REGULATIONS”, AT “SECTION 304-10, ENTITLED “GENERALLY”; AMENDING ARTICLE 307 ENTITLED “LANDSCAPING REGULATIONS”, AT SECTION 307-10, ENTITLED “ON-SITE LANDSCAPING REQUIREMENTS”; AMENDING PART 1 “USE REGULATIONS”, ARTICLE 100 ENTITLED “GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS”, AT SECTION 100-60 ENTITLED “ESTABLISHMENT OF ZONING DISTRICTS; AMENDING ARTICLE 105 ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”, AT SECTION 105-170 ENTITLED “COMMUNITY RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES”; AMENDING ARTICLE 110 ENTITLED “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS “, AT SECTION 110-20 ENTITLED “LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AMENDING AT PART 2, “SITE DEVELOPMENT REGULATIONS”, ARTICLE 200 ENTITLED “USER GUIDE FOR PART 2 OF THE CODE”, AT SECTION 200-40 ENTITLED “HOW PART 2 OF THIS CODE RELATES TO THE CRA FORM-BASED AND PMUD REGULATIONS”; AMENDING ARTICLE 265 ENTITLED “OFF-STREET PARKING REQUIREMENTS”, AT SECTION 265-91 ENTITLED “PARKING REDUCTIONS FOR TRANSPORTATION DEMAND MANAGEMENT STRATEGY IMPLEMENTATION WITHIN THE CRA FORM-BASED DISTRICTS”; AMENDING ARTICLE 275 ENTITLED “LANDSCAPING REQUIREMENTS”, AT SECTION 275-170 ENTITLED “LANDSCAPE REQUIREMENTS FOR SCREENING”; AMENDING PART 5 “SIGNAGE AND DESIGN REGULATIONS”, ARTICLE 505 ENTITLED “SIGN REGULATIONS”, AT SECTION 505-20 ENTITLED “DEFINITIONS”; AMENDING SECTION 505-90 ENTITLED “SIGNAGE REGULATIONS FOR MIXED USE CRA FORM BASED ZONING DISTRICTS; AMENDING SECTION 505-210 ENTITLED “COMMUNITY REDEVELOPMENT AREA DESIGN INCENTIVES”; AND AMENDING PART 7, ENTITLED “ CODE ADMINISTRATION”, ARTICLE 700 ENTITLED “CODE ADMINISTRATION AND LEGAL PROVISIONS”, SECTION 725-30 ENTITLED “TERMS 2 ORDINANCE #2025-______ DEFINED”; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida (“City”) wishes to create a new zoning district and add regulatory requirements to the City’s Land Development Code relating to CRA Form Based Zoning District for the new Beach Gateway Mixed Use II zoning district; and WHEREAS, the City Commission finds that the regulations hereinafter set forth are reasonably related to the health, safety, and general welfare of the citizens, property owners and invitees of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 28 entitled the “Land Development Code”; Part 3, “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 303, entitled “District Development Standards”, creating Section 303- 75, entitled “GTWY-MU-II, Beach Gateway Mixed-Use II District” as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 3. SPECIAL ZONING DISTRICTS * * * SUBPART 1. COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * ARTICLE 303 – DISTRICT DEVELOPMENT STANDARDS * * * 3 ORDINANCE #2025-______ Sec. 303-75. GTWY-MU-II, Beach Gateway Mixed-Use II District. (A) Intent and purpose. To capitalize on the proximity of conservation areas, waterways and the beach, by preserving additional land, thus enhancing the area's assets, by differentiating this district from the GTWY-MU mixed-use district, and by allowing appropriate building height to allow for reduction in footprint and developed land area. This will be accomplished by allowing relatively tall buildings built relatively close to the street, while providing greater setback and landscaping between the building and street than in the East Dania Beach Boulevard mixed-use district. (1) Eligibility. Only parcels that are zoned Beach Gateway Mixed-Use shall be eligible for rezoning to the Beach Gateway Mixed-Use II district. Figure 303-22-1 GTWY-MU-II district map. **PLACEHOLDER FOR MAP ONCE A REZONING OCCURS** (B) Density: max. 75 du/ac. (C) Reserved. (D) Generalized permitted uses (see article 302 for specific uses and conditions of use): Uses Residential Single-Family Residential Multifamily ✓ Commercial (Mixed-Use Compatible) ✓ General Commercial ✓ Restricted Commercial Entertainment ✓ Lodging ✓ Civic and institutional ✓ ✓ - Permitted use (E) Pervious landscaped lot area. Twenty-five (25) percent. (F) Sustainable building requirements Green Building Design Practices. See aArticle 206305. 4 ORDINANCE #2025-______ (G) Parking. See article 306. Structured parking is not permitted in the first layer. (H) Landscaping. See article 307. (I) Signage. See article 308. (J) Additional development standards. See article 309. (K) Architectural and design standards. See article 525. (L) Building placement standards. Street Type Diagram Key Building Placement Requirements (In Feet) Primary Secondary "C" Street setback Other structures 30′ min. 10′ min. "G" Interior side setback (minimum) 10′ except 15′ abutting residential "I" Rear setback (minimum) 25′ (M) Building frontage standards. Diagram Key Standard All Streets "D" Depth of 1st layer N/A 30’ "E 1 +..+E x " % of lot width that façade must be built on BTL N/A 50% "R" Max. recess from BTL N/A 5 ORDINANCE #2025-______ Figure 303-22-2 (N) Allowable building and frontage types. Building form is not regulated through building or frontage types in this district. (O) Minimum lot width. One hundred (100) feet. (P) Minimum lot depth. One hundred (100) feet. Figure 303-22-3 (Q) Maximum building height. Two (2) feet for each one (1) foot of horizontal distance from street lines and property lines, not to exceed eight (8) stories. The maximum allowable height in this district is based upon proximity to adjacent residential zoning districts and district streets. Therefore, allowable height within one (1) portion of a property might be different than that permitted on another portion. Buildings must be designed accordingly. The allowable height of buildings just outside of the district boundary is shown on the height map for information purposes. 6 ORDINANCE #2025-______ (R) Required Amenities. The following amenities are required in addition to the normally required impact fees for any development within the Bech Gateway Mixed-Use II zoning district. 1. Sustainable Building Practices 2. Payment in Lieu of Public Parking 3. Provide Public Parks 4. Stormwater Retention (1) Sustainable Building Practices; voluntary green building/development program. (a) Overview. The CRA green building/development program is a voluntary program that developers may choose to participate in, to comply with subsection (R) Required Amenities (ab) Green building; green building practices. Green building practices refers to building and building site design, materials and construction techniques that minimize demand for nonrenewable material and energy resources, water consumption, and minimize the generation of waste products, pollution, and stormwater runoff. Green building practices are generally consistent with the techniques used to achieve certification of construction and development through third- party green building and development certification programs including the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED), the Florida Green Building Coalition, and Florida Green Lodging. (bc) Rating organizations. Theseis programs award credits based on selected third-party green building/development certification programs, including, but not limited to, the Florida Green Building Coalition, Florida Green Lodging, and U.S. Green Building Council Leadership in Energy and Environmental Design (LEED). (cd) Approval of established third-party standards. Applicants seeking to participate in the voluntary green building/development program are required to schedule a preliminary development application meeting with the community development director. At the preliminary development application meeting, the applicant shall identify the third-party green building/development standards proposed to be incorporated in the project design and implementation and provide a copy of the standards to city staff the community development director for review. If the standards of a third-party certification program other than those listed in [subsection] (b) are proposed the city staff [and]community development director will review the standards of the rating organization certification program intended to be used by the applicant and notify the applicant if the proposed program and standards are accepted or rejected for the voluntary green building/development program. (de) Review process and certification options. Applicants seeking to participate in the voluntary green building/development program must choose to: Fformally apply for third-party certification with a selected third-party green building/development rating organization approved by the community development director, which includes meeting all the submittal, application and fee requirements for the selected third-party certification; or 7 ORDINANCE #2025-______ 2. As an alternative to formal application for third-party certification the applicant may participate in the city's cost-recovery green building/development review process. The community development director shall review and verify the third-party green building/development standards proposed to be incorporated in the project design and implementation. The applicant shall document compliance with all of the third-party certification criteria to the satisfaction of the community development director. (e) Minimum submittal requirements for applying for voluntary green building or development program. Site development plan submittal requirements to participate in the voluntary green building/development program shall include the following: 1. Documentation that the applicant has participated in the preliminary development application meeting and has received approval from the community development director to utilize the third-party green building/development standards used in the site development plan submittal. 2. Written statement identifying the review option selected by the applicant (demonstration of formal third-party certification of the project, or community development director verification of project compliance with third-party green building/development standards through cost-recovery based review). 3. A completed residential green development/building checklist, with a narrative explanation of how the green building measure is being incorporated. 4. The city shall require that the proposal exceed the number of points necessary under this section by a margin to be established administratively for each third-party certification program. The intent is to ensure certification as best possible in the event that a given green measure fails to qualify after construction is completed. 5. A notarized affidavit from the project architect demonstrating that the approved green building measures have been incorporated into the project plans. 6. Project site and engineering plans that clearly detail all green building measures. 7. A notarized affidavit certifying that a green building expert professional certified or accredited by a third-party green building and development rating organization deemed acceptable by the community development director is a part of the development team and shall remain part of the project team throughout its duration (i.e., from the design stage through final building inspection/issuance of certificate of occupancy). (fg) Performance bond. Participants in the voluntary green building program, pPrior to issuance of a Certificate of Occupancy, applicant shall post a performance bond, letter of credit or other form of surety approved by the city attorney. 1. The amount of the required performance bond, letter of credit or other approved form of surety shall be calculated as follows for projects seeking the incentive bonus for meeting third-party certification requirements: 8 ORDINANCE #2025-______ a. Four (4) percent of the total cost of construction for a development of less than one hundred thousand (100,000) square feet of building area. b. Three (3) percent of the total cost of construction for a development of up to two hundred thousand (200,000) square feet of building. c. Two (2) percent of the total cost of construction for any building greater than two hundred thousand (200,000) square feet. 2. In the event the completed development does not achieve the third-party certification or the required number of points, a portion of the surety shall be forfeited in an amount equal to the percentage of the required third-party point total not earned. However, if the development does not qualify for at least ninety (90) percent of the number of points, the entire bond amount shall be forfeited. 3. The city may call on the performance bond if: a. If the community development director determines that the development does not qualify for the credits within one (1) year of the city issuance of the certificate of occupancy for the building. Funds that become available to the city from the forfeiture of all or part of the surety shall be placed in the sustainable development fund established by the city, which shall be used to fund sustainable and energy- efficient city-initiated capital projects including, but not limited to, water-efficient landscaping, open space acquisition and improvements, traffic calming, public transportation-related improvements, pollution mitigation, sustainability improvements to public facilities, or similar improvements as deemed appropriate by the city commission. (2) Provide Payment in Lieu of Public Parking for a minimum of ten (10) parking spaces. consistent Payment in Lieu of Public Parking shall be calculated as identified in with Section 265- 92. (3) Contribution for public parks. (a) The public park contribution shall be calculated pursuant to section (3)(b) below, which shall be applied to the city's park fund for park land acquisition or park improvements. The full public park payment shall be paid if this amenity is selected. A development containing a minimum of twenty-five (25) dwelling units is required to provide this amenity. (b) The public park payment shall be equal in value to fifty cents ($0.50) per square foot of estimated residential gross floor area. 9 ORDINANCE #2025-______ (c) For purposes of this section, residential gross floor area shall be defined as the sum of the habitable horizontal area of all residential floors of all stories of a residential building or structure under a roof, and including, interior amenity areas, clubhouses, lobby areas however excluding private garages, maintenance areas, utility areas, operational areas, storage closets, electrical and mechanical facilities, balconies, stairwells, elevators, basements and subbasements, covered parking, loading areas, and parking structures. (d) The contributions referenced in this section are calculated in 2024 dollars and shall be adjusted by the Consumer Price Index on an annual basis. (e) Payment of the public park fees contribution shall be made prior to issuance of a building permit. (f) This public park contribution shall be in addition to the city’s public park impact fee. (S4) Stormwater . For any development utilizing the GTWY-MU-II, Beach Gateway Mixed- Use II District, the following additional standards shall be applicable. (a1) Developments must retain all stormwater from a 3-year, 24-hour event. (b2) Stormwater retention/detention areas. (1a) Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible. (2b) Stormwater retention/detention areas shall be planted throughout with native herbaceous facultative plants, with the following exceptions: i. 1. In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall be planted with grasses which are very drought tolerant, as well as tolerant to wet soils. ii.2. In areas where the minimum required stormwater retention capacity would be adversely affected. (3c) The minimum required number of native herbaceous facultative plants shall be one (1) plant per square foot of retention/detention area, including the slope. Minimum required herbaceous plant container size shall be one and one-half (1½) inches, commonly, referred to as a liner. Sprigging, seeding, plugging, hydro-mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. (4d) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. 10 ORDINANCE #2025-______ Figure 303-22-4 GTWY-MU-II district height map. [*REVISED MAP TBP BY CITY*] *** Section 3. That Chapter 28 entitled the “Land Development Code”; at Part 1, entitled “Use Regulations,” Article 100, entitled “General Use Regulations Applying to All Zoning Districts” at Section 100-60 “Establishment of Zoning Districts” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 1 - USE REGULATIONS ARTICLE 100 – GENERAL USE REGULATIONS APPLY TO ALL ZONING DISTRICTS * * * Sec. 100-60. Establishment of zoning districts. The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting, promoting and improving the public health, safety and the general welfare of the citizens and residents, the city is divided into the following districts: District map designation Full district title Intent and purpose of district (B) Mixed-use zoning districts RO Residential Office District Provides for small-scale professional offices on lots fronting major arterial roadways while still permitting a principal dwelling unit in the same building, and maintaining the residential character of the adjacent neighborhood. These are often single-family homes that are no longer viable due to road widenings and related noise. Implements the Commercial and Residential categories of the comprehensive plan. Use of the commercial or residential flexibility rules of the Broward County Land Use Plan Administrative Rules Document may be required. NBHD-MU Neighborhood Mixed-Use District Provides for neighborhood-serving commercial uses, townhouses, apartments and limited assembly, repair and fabrication that are compatible with residential and commercial uses. The district is applied in a linear fashion, typically to frontage properties along certain collector 11 ORDINANCE #2025-______ streets that border or traverse neighborhoods. Front yards are minimized, with buildings close to the street, and rear yard and on-street parking facilities. Implements the Regional Activity Center category of the comprehensive plan. SFED-MU South Federal Highway Corridor Mixed-Use District Encourages medium-intensity redevelopment of the corridor with a mix of retail, office, residential, and lodging uses with a design emphasis on pedestrian street life in a manner that supports public transit, while creating interest and fostering investment in the immediate neighborhood. This will be accomplished through a mix of residential and commercial uses along the corridor, built close to the street, with parking facilities behind buildings. Implements the Regional Activity Center category of the comprehensive plan. GTWY- MU Beach Gateway Mixed-Use District Capitalizes on the proximity of conservation areas, waterways and the beach by preserving additional land, thus enhancing the area's assets. This will be accomplished by allowing relatively tall buildings built near the street, in order to allow for a reduction in building footprint and consolidation of the developed area, while providing a landscaped yard between the building and street to differentiate this zone from the more urban EDBB-MU zone. Implements the Regional Activity Center category of the comprehensive plan. GTWY- MU-II Beach Gateway Mixed-Use II District Capitalizes on the proximity of conservation areas, waterways and the beach by preserving additional land, thus enhancing the area's assets. This will be accomplished by allowing relatively tall buildings built near the street, in order to allow for a reduction in building footprint and consolidation of the developed area. EDBB-MU East Dania Beach Boulevard Corridor Mixed-Use District Encourages medium- to high-intensity redevelopment of the corridor with a mix of retail, office, residential, and lodging uses with a design emphasis on pedestrian street life in a manner that supports public transit, while creating interest and fostering investment in the immediate neighborhood. This will be accomplished through a mix of residential and commercial uses along the corridor, built close to the street, with parking facilities behind buildings. Implements the Regional Activity Center category of the comprehensive plan. CC City Center District Establishes a mixed use downtown with transit-supportive density and intensity where citizens can work, live, and shop in a place that is the economic, governmental, entertainment 12 ORDINANCE #2025-______ and cultural focal point of Dania Beach. This district is designed to encourage accessible, active, pedestrian- oriented areas within walking distance of a prospective transit station on the FEC railway. Implements the Regional Activity Center category of the comprehensive plan. PMUD Planned Mixed- Use Development District Encourages an integrated approach to redevelopment within the Dania Beach Regional Activity Center (RAC) encompassing a mix of uses at an intensity and density consistent with the proximity to regional roadways, the airport and seaport. This district is intended for large-scale mixed use development with direct access to an arterial roadway(s) which serves as a transit route or located within close proximity to a mobility hub. PMUD-SL Planned Small Lot Mixed-Use Development District Encourages an integrated approach to redevelopment within the Dania Beach Regional Activity Center (RAC) encompassing a mix of uses at an intensity and density consistent with the proximity to regional roadways, the airport and seaport. This district is intended for small-scale mixed-use development in close proximity to other mixed- use development, mobility hubs, and arterial roadways. (E) CRA form-based districts CC, City Center District [see (B) Mixed-use zoning districts] SFED-MU, South Federal Highway Mixed-Use District [see (B) Mixed-use zoning districts] EDBB-MU, East Dania Beach Boulevard Mixed-Use District [see (B) Mixed-use zoning districts] GTWY-MU, Beach Gateway Mixed-Use District [see (B) Mixed-use zoning districts] GTWY-MU-II, Beach Gateway Mixed-Use II District [see (B) Mixed-use zoning districts] NBHD-MU, Neighborhood Mixed-Use District [see (B) Mixed-use zoning districts] NBHD-RES, Neighborhood Residential District [see (A) Residential zoning districts] Section 4. That Chapter 28 entitled the “Land Development Code”; at Part 1, entitled “Use Regulations,” Article 105, entitled “Use Regulations for Residential and Open Space Zoning Districts”, at Section 105-170 entitled “Community Residential Homes and Residential Care Facilities” is hereby amended to read as follows: 13 ORDINANCE #2025-______ CHAPTER 28 LAND DEVELOPMENT CODE PART 1 - USE REGULATIONS ARTICLE 105 – USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS * * * Sec. 105-170 “Community Residential Homes and Residential Care Facilities” (A) Homes of six (6) or fewer residents that meet the definition of “community residential home, type 1” as defined in article 725 (see definition of special residential facility), shall be deemed a single-family dwelling unit and a noncommercial residential use, and shall be permitted in all districts that permit single-family or multifamily uses, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another community residential home with six (6) or fewer residents. (B) A “community residential home, type 2”, as defined in article 725 (see definition of special residential facility), having more than six (6) residents is permitted in the CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, RM, RM-1, RM-2 and PRD-1 zoning districts subject to the following, and to the specific regulations of the applicable zoning district: (1) Such uses shall not be located within twelve hundred (1,200) feet of another existing community residential home or within a radius of five hundred (500) feet of a single family zoning district boundary. (2) Such uses shall meet the applicable licensing criteria established and determined by state agencies pursuant to F.S. Ch. 419. © “Residential care facilities”, as defined in article 725 (definitions), are allowed by special exception in the RM-2, PRD-1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, CF, C-3 and C-4 zoning districts, subject to the special residential facilities provisions for density allocations under the Broward County Land Use Plan. (D) “Adult residential care facilities”, as defined in article 725 (definitions), with more than one hundred (100) sleeping rooms are allowed by special exception in the RM-2, PRD- 1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, C-3, and C-4 zoning districts subject to the following requirements: (1) The facility must have frontage on, and direct vehicular access to, either a minor arterial containing at least one hundred ten (110) feet of right-of-way, or a principal arterial as designated on Broward County Traffic-ways Plan. (2) The facility shall provide the following services: At least (1) full meal per day from a central dining facility; central housekeeping services to its residents no less than weekly; a full-time registered nurse on call to the residents; planned activities, which may include, but are not limited to, social, educational and recreational activities. 14 ORDINANCE #2025-______ * * * Section 5. That Chapter 28 entitled the “Land Development Code”; at Part 1, entitled “Use Regulations,” Article 110, “Use Regulations for Commercial and Mixed Use Districts”, at Section 110-20, entitled “List of permitted, special exception and prohibited uses” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 1 - USE REGULATIONS * * * ARTICLE 110 - USE REGULATIONS FOR COMMERCIAL AND MIXED USE DISTRICTS * * * Sec. 110-20. List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the Residential Office (RO) District, the Marine District, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of Article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Unless otherwise provided, this table shall not apply to uses in the Planned Mixed Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD or PMUD-SL shall be identified and established pursuant to the approved PMUD or PMUD-SL Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and articles 340 and 350 of this chapter. 15 ORDINANCE #2025-______ IN D U ST R I A L MIXED-USE DISTRICTS COMMERCIAL ZONING DISTRICTS CRA FORM-BASED DISTRICTS Legend P - Permitted P(#) - Permitted subject to numbered footnote A - Permitted accessory use only SE - Permitted special exception use only - Not permitted USES Ma r i n e RO ( s e e s e c 1 1 0 - 1 8 0 ) CC ED B B - M U SF E D - M U GT W Y - M U GT W Y - M U - I I NB H D - M U C- 1 C- 2 C- 3 C- 4 Accessory uses to permitted and special exception uses A NP A A A A A A A A A A Arcade or amusement center [subject to sections 110-60, 110-190] NP NP SE SE SE SE SE SE NP NP NP NP Art galleries, museums, and libraries SE NP P P P P P P NP P P P Assembly and light fabrication of goods and materials SE NP SE NP NP NP NP SE NP NP NP SE Assembly, repair, and fabrication of premanufactured art objects, apparel, jewelry, and home furnishings, accessory to retail use [subject to section 110-150] NP NP A A A NP NP A NP A A A Athletic clubs/studio NP NP P P P P P P NP P P P Auditoriums, theaters and convention halls, movie theaters NP NP SE SE SE SE SE NP NP SE SE SE 16 ORDINANCE #2025-______ Automobile rental establishments, other [subject to section 110-80] NP NP NP NP NP NP NP NP NP NP NP SE Automobile rental establishments, with parking or storage for ten (10) or fewer vehicles subject to section 110-190] NP NP NP NP NP NP NP NP NP NP SE SE Automobile repair, minor [subject to section 110-90] NP NP NP NP NP NP NP NP NP NP SE SE Automobile, truck, motorcycle, boat, trailer, recreation vehicle sales, display, accessory repair and service NP NP SE SE SE NP NP NP NP NP NP P Auto parts, retail or wholesale NP NP NP P P P P P NP P P P Bail Bond [subject to section 110-310] NP NP P P NP NP NP NP NP NP NP NP Banks and financial institutions NP NP P P P P P NP P P P P Bakeries, delicatessens NP NP P P P P P P NP P P P Bingo hall NP NP SE SE SE SE SE SE NP NP NP NP Boat painting SE NP NP NP NP NP NP NP NP NP NP NP Boats, Indoor storage of new or used only on property abutting a navigable waterway NP NP NP NP NP NP NP NP NP NP SE SE Boats, Outdoor storage of new or used NP NP NP NP NP NP NP NP NP NP NP NP Boats marine parts store P NP NP NP NP NP NP NP NP NP NP NP Boat sanitary waste pump- out facilities SE NP NP NP NP NP NP NP NP NP NP NP Bus depot for storage and maintenance of buses and related office facilities [subject to section 110-290] NP NP NP NP NP NP NP NP NP NP NP P 17 ORDINANCE #2025-______ Cabinet or furniture shop [subject to section 110-250] P NP NP NP NP NP NP P NP NP NP NP Catering establishments [*subject to section 302- 20(22)] NP NP NP NP NP NP NP P* NP NP P P Charitable, civic, fraternal and professional organizations, excluding social service providers and agencies NP NP SE SE SE SE SE SE NP SE SE SE Charity or thrift shop NP NP NP NP NP NP NP NP NP NP P P Check cashing stores [subject to section 110-190] NP NP NP NP NP NP NP NP NP NP SE SE City of Dania Beach municipal use P NP P P P P P P P P P P Community garden/urban farm [subject to section 105- 230] NP NP P P P P NPP P NP NP NP NP Contractor shop [subject to section 110-270] NP NP NP NP NP NP NP P P P P P Contractor shop, repair or service shops (air conditioning, carpenter, plumbing, electrical, glass, marine, cloth or canvas) P NP NP NP NP NP NP NP NP NP NP SE Copy shop, printing shop NP NP P P P P P P NP P P P Day care centers NP NP P P P P P P NP P P P Dock and docking of boats and ships (excluding dry docks), including the operations of charter boats P NP NP NP NP NP NP NP NP NP NP NP Drive-through service, other [subject to sections 110-190, 110-220] NP NP NP P P P NP NP P P SE SE Dry cleaning establishments, excluding self service laundries, for direct service to customers NP NP P P P P P P NP P P P 18 ORDINANCE #2025-______ Dry lot storage and dry stack storage of boats SE NP NP NP NP NP NP NP NP NP NP NP Exhibit/Event space NP NP SE NP SE NP NP NP NP NP NP NP Farmer's market [subject to section 105-240] NP NP P NP NP NP NP NP NP NP NP NP Fast food restaurant in an existing building [subject to section 110-190] NP NP P P P P P NP P P P P Fast food restaurant in a new multi-tenant, or attached building (not free standing) [subject to section 110-190] NP NP P P P P P NP P P P P Fortune tellers, palmists, clairvoyants or astrologists [subject to section 110-190 & Chapter 12.5] NP NP P P P P P P NP P P P Freestanding drive-through restaurant [subject to section 110-190] NP NP NP P P P NP NP NP NP SE SE Funeral homes and mortuaries NP NP NP P P NP NP NP NP NP SE SE General service and repair shop NP NP P P P P P P NP P P P Gun shops [subject to section 110-190] NP NP NP NP NP NP NP NP NP NP SE SE Hotel [subject to section 110-100] NP NP P P SE P P NP NP SE SE SE Indoor play center providing primarily physical and imaginative non-electronic recreational opportunities for primarily preschool and elementary aged children, and which may also offer accessory retail sales, food and beverage sales [*subject to section 302-20(22)] NP NP NP NP P NP NP P* P P P P 19 ORDINANCE #2025-______ Kennel (subject to section 302-20(A)(21)) NP NP P P P P NPP P NP NP NP P Large retail establishment [subject to sections 110-120, 110-190; articles 510, 520] NP NP P P P P P NP NP SE SE SE Light industrial marine uses not itemized in this section P NP NP NP NP NP NP NP NP NP NP NP Liquor, package stores [subject to section 110-50] NP NP NP NP NP NP NP NP NP P P P Liquor, package stores accessory to grocery retail use of at least 27,500 square feet [subject to section 110- 50] NP NP A A A A NP NP NP A A A Manufacturing and repair (excluding painting) of boats, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations P NP NP NP NP NP NP NP NP NP NP NP Marine-related educational facilities SE NP NP NP NP NP NP NP NP NP NP NP Massage therapy services as accessory to a full service personal service establishment only [subject to section 110-280] NP NP A A A A A A A A A A Medical Marijuana Retail Center [subject to section 110-190(C)] NP NP P P P P P P NP P P P Merchandise rental or leasing stores NP NP NP SE SE SE SE SE NP NP SE SE Microbrewery, or craft distillery with tasting room (required) [subject to section 110-50] NP NP P SE SE SE SE SE NP NP NP NP Mixed residential and commercial uses NP NP P P P P P P NP NP NP NP 20 ORDINANCE #2025-______ Mobile food vendor [subject to section 110-320] NP NP P P P P NP NP NP P P P Mobile vendor, except as permitted in conjunction with a temporary use approved under article 675 NP NP NP NP NP NP NP NP NP NP NP NP Motor fuel pumps, retail [subject to section 110-90] NP NP NP NP NP NP NP NP NP NP SE SE Multifamily dwellings NP P P P P P P P NP NP NP NP Office, business NP P P P P P P P P P P P Office, professional NP P P P P P P P P P P P Office, medical [section 110- 40 and section 110-190(c) govern pain management clinics] NP NP P P P P P P NP P P P Outdoor produce sales [subject to section 110-160] NP NP A A A A A A A A A A Outdoor restaurant seating [subject to section 110-200] NP NP A A A A A A NP SE SE SE Outdoor sales, leasing, rental, display, storage of fully assembled new boats, new trailers and marine vessels P NP NP NP NP NP NP NP NP NP NP NP Outdoor sales, leasing, rental, display, storage of fully assembled used boats, trailers and marine vessels SE NP NP NP NP NP NP NP NP NP NP NP Outdoor stands, other; open counters NP NP SE SE SE SE NP NP SE SE SE SE Outdoor storage of fully- assembled, operational passenger vehicles, boats and boat trailers, and recreational vehicles [subject to section 110-300] P NP NP NP NP NP NP NP NP NP NP NP 21 ORDINANCE #2025-______ Outdoor storage of new materials and equipment [subject to section 110-210] SE NP NP NP NP NP NP NP NP NP NP SE Painting of boats SE NP NP NP NP NP NP NP NP NP NP NP Pawn shops [subject to section 110-190] NP NP NP NP NP NP NP NP NP NP SE SE Personal service establishments NP NP P P P P P P P P P P Places of worship NP NP P P P P NP NP P P>P P Public or private parking facility (principal use) NP NP P P P P P P NP P P P Resale boutique and consignment shop, for profit NP NP NP P P P P P NP P P P Residential care facility [subject to section 105-170] NP NP NP SE SE SE NPSE NP NP NP SE SE Residential care facility, adult [subject to section 105-170] NP NP NP SE SE SE NPSE NP NP NP SE SE Restaurants, full service without live entertainment [subject to section 110-50] NP NP P P P P P P P P P P Restaurants and bars with live entertainment as an accessory use [subject to section 110-50] NP NP P P P P SE SE NP SE SE SE Restaurant, drive-in [subject to sections 110-190, 110- 220] NP NP NP P P P NP NP NP NP SE SE Restaurant, takeout NP NP P P P P P P P P P P Retail pharmacy [subject to section 110-190(C)] NP NP P P P P P P NP P P P Retail stores [subject to section 110-190(C)] NP NP P P P P P P NP P P P Roadside vendors NP NP NP NP NP NP NP NP NP NP NP NP School, academic NP NP NP SE SE SE SE NP SE SE SE SE School, college NP NP SE SE SE SE SE NP SE SE SE SE 22 ORDINANCE #2025-______ School, specialty SE NP P P P P SE NP SE P P P Scooter or motorized/electric car rental [subject to section 110-240] NP NP P P P P NP NP NP NP NP NP Self-service or coin-operated laundry [subject to section 110-190] NP NP NP NP NP NP NP SE NP NP SE SE Sign fabrication, sign printing [subject to section 110-250] NP NP NP NP NP NP NP P NP NP P P Single-family residence NP NP NP NP NP NP NP NP NP NP NP NP Storage [subject to section 110-260] NP NP NP NP NP NP NP P NP NP NP NP Storage and sales of lumber and building materials within a completely enclosed building SE NP NP NP NP NP NP NP NP NP NP SE Tattoo or body piercing parlor [subject to section 110-190] NP NP SE NP NP NP NP NP NP NP SE SE Temporary uses and special events [subject to article 675] A NP P P P P P P P P P P Veterinarian, animal hospital (excluding boarding) NP NP P P P P P P NP SE P P Vinyl sign fabrication and sign printing shops (excluding metal fabrication sand blasting and spray painting processes) [*subject to section 302- 20(22)] NP NP NP NP SE SE SE P* NP SE SE SE Warehousing with up to twenty (20) percent ancillary office space [*subject to section 302-20(22)] A NP NP NP NP NP NP P* NP NP SE P 23 ORDINANCE #2025-______ Watchman or caretaker dwelling unit [subject to sections 110-30, 230-20] A NP A A A A A A NP A A A Wet or dry stack marina and related facilities [subject to section 110-170] P NP NP NP NP NP NP NP NP NP SE SE Wholesale: combined office- distribution/showroom- warehouse facilities with up to twenty percent (20%) ancillary office space P NP NP NP NP NP NP NP NP NP NP NP Wholesale: combined office- showroom-warehouse facility with up to twenty percent (20%) ancillary office space [*subject to section 302-20(22)] P NP NP NP NP NP NP P* NP NP NP P Winery with tasting room (required) [subject to section 110-50] NP NP P SE SE SE SE SE NP NP NP NP Section 6. That Chapter 28 entitled the “Land Development Code”; at Part 2, entitled “Site Development Regulations;” Article 200, entitled “User Guide for Part 2 of the Code” at Section 200-40, entitled “How part 2 of this code relates to the CRA form-based and PMUD regulations” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 2 - SITE DEVELOPMENT REGULATIONS ARTICLE 200 - USER GUIDE FOR PART 2 OF THE CODE * * * 24 ORDINANCE #2025-______ Sec. 200-40. How part 2 of this code relates to the CRA form-based and PMUD regulations. (A) The site development regulations for the CRA form-based districts (CC, EDBB-MU, SFED- MU, GTWY-MU, GTWY-MU-II, NBHD-MU, NBHD-RES) are not contained in the article 205 schedule of site development regulations. Instead, they are located in part 3 of this code. However, the detailed site development regulations of the remainder of part 2 apply to the CRA form-based districts unless otherwise noted. In the event of a conflict between part 2 and part 3, the standards of part 3 shall take precedence for areas zoned in one of the CRA form-based districts. (B) Unless otherwise provided, site development regulations for the Planned Mixed Use Development District (PMUD) are specified within article 340 of this chapter and within the approved Development Design Guidelines (DDG). Similarly, site development regulation for the Planned Small Lot Mixed-Use Development District (PMUD-SL) are specific within article 350 of this chapter and within the approved Development Design Guidelines (DDG). However, the sections of part 2 that specifically govern airport safety, wildlife and environmentally sensitive lands shall apply to the PMUD and PMUD-SL Districts. Section 7. That Chapter 28 entitled the “Land Development Code”; at Part 2, entitled “Site Development Regulations,” Article 265, entitled “Off Street Parking Requirement” at Section 265-91, entitled “Parking reductions for transportation demand management strategy implementation within the CRA form-based districts” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 2 - SITE DEVELOPMENT REGULATIONS * * * ARTICLE 265 - OFF STREET PARKING REQUIREMENT * * * Sec. 265-91. Parking reductions for transportation demand management strategy implementation within the CRA form-based districts (CC, EDBB-MU, SFED-MU, GTWY- MU, GTWY-MU-II, NBHD-MU, NBHD-RES). (A) All new development or redevelopment within the CRA form-based districts (CC, EDBB- MU, SFED-MU, GTWY-MU, GTWY-MU-II, NBHD-MU, NBHD-RES) may apply for parking reduction through the implementation of transportation demand management (TDM) strategies. Parking reductions for each TDM strategy implementation may earn three (3) percent reduction. 25 ORDINANCE #2025-______ Total reduction shall not be more than ten (10) percent of the total required parking for all uses within the development. This reduction may be used in conjunction with other parking reduction provisions such as shared parking and affordable housing incentives. Section 8. That Chapter 28 entitled the “Land Development Code”; at Part 2, entitled “Site Development Regulations,” Article 275, entitled “Landscaping Requirements” at Section 275-170 “Landscape requirements for screening” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 2 - SITE DEVELOPMENT REGULATIONS * * * ARTICLE 275 – LANDSCAPING REQUIREMENTS * * * Sec. 275-170. Landscape requirements for screening. (A) Structures. Each structure shall be treated with landscaping to enhance the appearance of the structure and to screen unattractive or unsightly appearance as applicable, with a minimum of twenty (20) percent of the front of the structure being planted with shrubs at a minimum of two (2) feet in height. This requirement shall not apply to street-facing façades within the CC, SFED-MU, EDBB-MU or GTWY-MU, or GTWY-MU-II districts. Section 9. That Chapter 28 entitled the “Land Development Code”; at Part 3, entitled “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, Article 300, entitled “How to use”, at Section 300-70, entitled “Commonly used abbreviations” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * 26 ORDINANCE #2025-______ PART 3 - SPECIAL ZONING DISTRICTS * * * SUBPART 1 - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS ARTICLE 300 -HOW TO USE * * * Sec. 300-70. Commonly used abbreviations. Abbreviation Full Name BTL Build-to-line du/ac Dwelling units per acre ' Feet ft. Feet max. Maximum min. Minimum ROW Street line (ultimate edge of right-of-way) sf Square feet EDBB, WDBB East Dania Beach Boulevard, West Dania Beach Boulevard S. Fed. Hwy South Federal Highway CC City Center District EDBB-MU East Dania Beach Boulevard Mixed-Use District GTWY-MU Beach Gateway Mixed-Use District GTWY-MU-II Beach Gateway Mixed-Use II District SFED-MU South Federal Highway Mixed-Use District NBHD-MU Neighborhood Mixed-Use District NBHD-RES Neighborhood Residential District Section 10. That Chapter 28 entitled the “Land Development Code”; at Part 3, entitled “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, Article 302, entitled “Detailed Use Regulations”, at Section 302-10, entitled “Permitted, special exception and prohibited uses” is hereby amended to read as follows: 27 ORDINANCE #2025-______ CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 3 - SPECIAL ZONING DISTRICTS * * * SUBPART 1- COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * ARTICLE 302 - DETAILED USE REGULATIONS * * * Sec. 302-10. Permitted, special exception and prohibited uses. Districts Legend: P = Permitted SE = Special Exception use (#) = Permitted subject to the restriction in section 302-20 having the same number that is within the parentheses EDBB- MU SFED-MU - Not permitted Principal Street Frontage Abbreviations: EDBB = East Dania Beach Boulevard SFED = South Federal Highway Ci t y C e n t e r ED B B Ot h e r s t r e e t s S. F e d . H w y Sh e r i d a n S t . Ot h e r S t r e e t s GT W Y - M U GT W Y - M U - I I NB H D - M U NB H D - R E S MIXED USE [subject to section 302-40] Mixed residential and commercial use P P P P P P P P NP OPEN SPACE [subject to article 312] Accessory uses P P P P P P P P P Parks P P P P P P P P P 28 ORDINANCE #2025-______ Plazas P P NP P NP P P P NP Pocket parks P P P P P P P P NP Tot lots P P P P P P P P P Urban agricultural gardens SE NP SE NP SE NP NP NP SE RESIDENTIAL Accessory uses P P P P P P P P P Apartments, ground story (2) NP (2) (2) (2) (2) (2) (2) (2) Apartments, upper story P P P P P P P P (2) Community residential home - type 1; up to 6 residents (see section 725-30 for definition) (subject to section 105-170) NP NP NP NP NP NP NP NP P Community residential home - type 2; 7—14 residents (see section 725-30 for definition) (subject to section 105-170) (3) NP (3) (3) (3) (3) (3) NP NP Home-based assembly [subject to section 105-100] P P P P P P P P P Home occupations [subject to section 105-80] P P P P P P P P P Multiple-family residential (2) NP (2) (2) (2) (2) (2) (2) (2) Single-family detached residential NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) P Two-family (duplex) residential NP NP NP NP NP NP NP NP (1) MIXED-USE COMMERCIAL (uses that are compatible with residential uses on adjoining stories) 29 ORDINANCE #2025-______ Accessory uses P P P P P P P P P Art galleries, bookstore P P NP P NP P P P NP Bank and financial institutions P P NP P NP P P P NP Bakeries, delicatessens, coffee shops P P P P P P P P NP Convenience food store (8) (8) NP (8) (8, 20) (8) (8) (8) NP Copy, printing shop P P NP P NP P P P NP Day care center (pre-K) P P P P P P P P NP Drive-through service [subject to section 110-190] NP (4) SE (4) NP P NP NP NP Dry cleaning establishments, excluding self-service laundries, for direct service to customers P P NP P NP P P P NP General office use, including business, sales, professional, real estate, insurance, travel agent, information technology P P P P P P P P NP General repair shop P P SE P (20) P P P NP Large retail establishment P P NP P NP P P NP NP Medical offices, excluding pain management clinics P P P P P P P P NP Personal service establishments P P P P P P P P NP Pet shops (excluding cats, dogs, birds) and pet supplies P P NP NP NP P P P NP 30 ORDINANCE #2025-______ Restaurant, free standing drive-through [subject to section 110-190] NP P NP P NP P NP NP NP Restaurant, fast food in an existing building [subject to section 110-190] P P NP P NP P P P NP Restaurant, fast food in a new multi-tenant or attached building (not free standing) [subject to section 110-190] P P NP P NP P P P NP Restaurant; outdoor dining accessory to a restaurant, bar, ice cream shop, bakery, delicatessen or coffee shop (5) (5) NP (5) (5, 20) (5) (5) (5) NP Retail sales (7) (7) (7) (7) (20) (7) (7) (7) NP Retail sales of baked goods, confectionaries, delicatessen P P P P (20) P P P NP Self-service or coin operated laundry [subject to section 110-190] NP NP NP NP NP NP NP SE NP Studios for individual instruction or tenant workspace for art, music, drama, martial arts P P P P P P P P NP LODGING Accessory uses P P P P P P P P P Boarding house NP NP NP NP NP NP NP NP NP Hotel, extended-stay hotel, condominium-hotel, or time- share containing at least 75 rooms or keys P (9) P (9) NP SE (9) (20) P P NP NP Motels NP NP NP NP NP NP NP NP NP CIVIC AND INSTITUTIONAL 31 ORDINANCE #2025-______ Academic schools NP NP SE SE SE SE SE NP NP Accessory uses P P P P P P P P P Auditoriums and convention halls (6) (6) NP (6) SE (6) (6) (6) NP NP Charitable clubs, lodges, civic or fraternal organizations, excluding social service providers SE (6) SE (6) SE (6) SE (6) SE (6) SE (6) SE (6) NP NP City of Dania Beach municipal uses (police, fire, administration, parks, public parking, etc.), private open space P P P P P P P P P Colleges, specialty schools, excluding student housing P P SE P SE P SE NP NP Community garden/urban farm [subject to section 105- 230] NP NP NP NP NP NP NP NP P Marine schools, including on-campus student housing SE SE NP SE SE SE SE NP NP Museums, libraries P P P P P P P P NP Place of worship (6) (6) (6) (6) (6) (6) (6) NP NP Recreation center, athletic facility with spectator seating (6) (6) (6) (6) (6) (6) (6) NP NP Residential care facility (subject to section 105-170) NP NP SE NP SE SE NPSE NP NP Residential care facility, adult (subject to section 105- 170) NP NP SE NP SE SE NPSE NP NP GENERAL COMMERCIAL (uses that may not be compatible directly under a residential story) Accessory uses P P P P P P P P P 32 ORDINANCE #2025-______ Athletic and health clubs, fitness studios P P P P (20) P P P NP Auto parts sales, retail only (no bays) NP P NP P NP P P P NP Catering establishment [*subject to section 302- 20(22)] NP NP NP NP NP NP NP P* NP Community garden/urban farm [subject to section 105- 230] P P P P P P NPP P P Exhibit/Event space SE NP NP SE NP NP NP NP NP Farmer's market [subject to section 105-240] P NP NP NP NP NP NP NP P Group instruction in art, music, drama, martial arts, aerobics, crafts P P P P P P P P NP Indoor play center providing primarily physical and imaginative non-electronic recreational opportunities for primarily preschool and elementary aged children, and which may also offer accessory retail sales, food and beverage sales [*subject to section 302-20(22)] NP NP NP P NP NP NP P* NP Massage therapy services as accessory to a full service personal service establishment only [subject to section 110-280] A A A A A A A A NP Merchandise rental or leasing stores NP SE NP SE NP SE SE SE NP Microbrewery or winery, with tasting room (required) [subject to section 110-50] P SE SE SE SE SE SE SE NP 33 ORDINANCE #2025-______ Office, other P P P P P P P P NP Outdoor produce sales (fresh fruit, vegetable, plant and flower retail sales), accessory to a retail use that primarily sells uncooked food, or beverages or both. [subject to section 110-190] (10) (10) NP (10) (20) (10) (10) (10) NP TRANSPORTATION-RELATED Private or public parking structure as a principal use P SE SE SE SE SE SE NP NP Private or public surface parking lot as a principal use P P P P P P P P NP Transit station P NP NP NP NP NP NP P NP ENTERTAINMENT Accessory uses P P P P P P P P P Arcade or amusement center SE SE NP SE NP SE SE SE NP Bar [subject to section 110- 50] P P NP P NP P P SE NP Bingo hall SE (6) SE (6) NP NP P (20) (6) SE (6) SE (6) NP NP Live entertainment accessory to a full-service restaurant, coffee house or similar establishment P P NP P (20) P P SE NP Nightclub [Alcoholic beverage establishments are subject to section 110-50] SE SE NP SE NP SE SE SE NP Movie theater SE (6) SE (6) NP SE (6) NP SE (6) SE (6) NP NP 34 ORDINANCE #2025-______ Pari-mutuel facility NP P (11) NP NP NP NP NP NP NP RESTRICTED COMMERCIAL Accessory uses P P P P P P P P P Auction house for fine arts and antiques P P NP P NP P P NP NP Automobile sales showroom, marine equipment sales showroom SE SE NP SE NP NP NP NP NP Bail Bonds [subject to section 110-310] P NP NP NP NP NP NP NP NP Bail bondsman NP NP NP NP NP NP NP NP NP Car wash (principal use) NP NP NP SE NP NP NP NP NP Charity or thrift shop NP NP NP NP NP NP NP NP NP Check-cashing stores, pawn shops, gun shops, flea markets NP NP NP NP NP NP NP NP NP Drug or alcohol rehabilitation facility, treatment center, or clinic (inpatient or outpatient) NP NP NP NP NP NP NP NP NP Fortune tellers, palmists, clairvoyants or astrologists [subject to section 110-190 & Chapter 12.5] P P NP P NP P P P NP Funeral homes, mortuaries NP NP P P P NP NP NP NP Liquor stores, package stores [subject to section 110-50] NP NP NP NP NP NP NP NP NP Liquor, package stores accessory to grocery retail use of at least 27,500 square A A NP A NP A A NP NP 35 ORDINANCE #2025-______ feet [subject to section 110- 50] Mobile vendor NP NP NP NP NP NP NP NP NP Mobile food vendor [subject to section 110-320] P P P P P P P NP NP Outdoor display of new materials and equipment NP NP NP NP NP NP NP NP NP Penal, correctional, reentry facility, or halfway house for adult or juvenile offenders NP NP NP NP NP NP NP NP NP Pet shops and pet supplies, including dogs, cats or birds (21) (21) (21) (21) (21) (21) (21) (21) NP Resale boutique and consignment shop for profit NP P P P P (20) P P P NP Retail motor fuel pumps, car washes, accessory to any other use (13) NP NP (13) NP NP NP NP NP Sales, storage, or display of lumber or building materials NP NP NP NP NP NP NP NP NP Social service providers and agencies SE NP NP SE NP NP NP NP NP Tattoo, body art, or body piercing [subject to section 110-190] SE NP NP NP NP NP NP NP NP Temporary employment agency, day labor office NP NP NP NP NP NP NP NP NP Temporary parking lots [subject to conditions of use listed in section 302-20(17)] (17) NP NP NP NP NP NP NP NP Temporary uses [subject to article 675] P P P P P P P P NP Veterinary clinic, indoor- only kennel (21) (21) (21) (21) (21) (21) (21) (21) NP 36 ORDINANCE #2025-______ INDUSTRIAL, OTHER Accessory uses P P P P P P P P P Assembly and light fabrication of goods and materials SE NP NP NP NP NP NP SE NP Assembly, repair, and fabrication of pre- manufactured art objects, apparel, jewelry, and home furnishings accessory to a principal retail use (15) (15) NP (15) NP NP NP (15) NP Cabinet or furniture shop [subject to section 110-250] NP NP NP NP NP NP NP P NP Contractor shop [subject to section 110-270] NP NP NP NP NP NP NP P NP Food processing or warehouse facility NP NP NP NP NP NP NP NP NP Outdoor storage NP NP NP NP NP NP NP NP NP Sign fabrication and sign printing shops [subject to section 110-250] NP NP NP SE (16) NP SE (16) SE (16) P NP Storage [subject to section 110-260] NP NP NP NP NP NP NP P NP Vehicle (including RVs and watercraft) assembly, repair, paint and body shops, auto glass shops; storage, warehousing, sales, display, leasing, and rental NP NP NP NP NP NP NP NP NP Vinyl sign fabrication and sign printing shops (excluding metal fabrication sand blasting and spray painting processes) [*subject to section 302-20(22)] NP NP NP SE NP SE SE P* NP 37 ORDINANCE #2025-______ Warehouse (including self- storage warehouse), industrial, or manufacturing use NP NP NP NP NP NP NP NP NP Warehousing with up to twenty (20) percent ancillary office space [*subject to section 302-20(22)] NP NP NP NP NP NP NP P* NP Welding, sheet metal, tool and die, furniture or cabinet manufacturing NP NP NP NP NP NP NP NP NP Wholesale: combined office- showroom-warehouse facility with up to twenty percent (20%) ancillary office space [*subject to section 302-20(22)] NP NP NP NP NP NP NP P* NP Wholesale sales NP NP NP NP NP NP NP NP NP Section 11. That Chapter 28 entitled the “Land Development Code”; at Part 3, entitled “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, Article 302, entitled “Detailed Use Regulations”, at 302-40, entitled “Mixing of uses” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 3 - SPECIAL ZONING DISTRICTS * * * SUBPART 1- COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * 38 ORDINANCE #2025-______ ARTICLE 302 - DETAILED USE REGULATIONS * * * Sec. 302-40. Mixing of uses. (A) Mixing of uses within a lot is permitted in all mixed-use districts (CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, NBHD-MU) subject to this section. This section identifies the use groups that can be incorporated into the same building or lot with residential use in all mixed-use districts. Note that nonresidential and institutional uses cannot be located above a residential use. Permitted and special exception uses are classified into eight (8) use categories, listed below in loose order of highest to lowest compatibility with residential uses: (1) Residential; (2) Lodging; (3) Mixed-use commercial (given its name because it is appropriate for mixing with residential); (4) Civic, institutional; (5) General commercial; (6) Entertainment; (7) Transportation; (8) Industrial. Section 12. That Chapter 28 entitled the “Land Development Code”; at Part 3, entitled “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, Article 304, entitled “Building Height and Transition Regulations” at Section 304-10 , entitled “Generally” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 3 - SPECIAL ZONING DISTRICTS SUBPART 1 - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * 39 ORDINANCE #2025-______ ARTICLE 304 - BUILDING HEIGHT AND TRANSITION REGULATIONS Sec. 304-10. Generally. (C) Transitional height zones. The maps showing maximum permitted height throughout each zoning district include transitional height zones in those portions of mixed-use districts where the allowable height varies with distance from single-family residential neighborhoods and the Florida East Coast Railroad (FEC) right-of-way. Transitional height zones are established to transition building height adjacent to neighborhood residential district boundaries and the FEC railroad right-of-way. Height within a transitional height zone is based upon a formula of allowable height per distance from the adjacent neighborhood or FEC right-of-way. feature. The transitional height zone is also applied to each development site within the GTWY-MU District and GTWY-MU- II District because allowable building height varies based upon the distance of a building, or portion of a building, from property lines. Section 13. That Chapter 28 entitled the “Land Development Code”; at Part 3, entitled “Special Zoning Districts,” Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, Article 307, entitled “Landscaping Regulations”, at Section 307-10, entitled “On-Site landscaping requirements” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 3 - SPECIAL ZONING DISTRICTS SUBPART 1 - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * ARTICLE 307 - LANDSCAPING REGULATIONS Sec. 307-10. On-site landscaping requirements. Article 275, "Landscaping requirements" establishes the site landscaping requirements for the CRA form-based districts. 40 ORDINANCE #2025-______ Diagram Key Section Reference Landscaping Location Applicable Districts "V" 275- 100(E) Between building and VUA All districts "W" 307-20 Streetscaping All districts CC, SFED-MU, EDBB-MU, NBHD-MU, GTWY-MU, GTWY-MU-II "X" 275-100 Interior VUA NBHD-RES: apartment buildings and rowhouses 275-90 VUA perimeter NBHD-RES, GTWY-MU, GTWY-MU-II Rear lot line NBHD-MU 275-110 Rear, interior side lot line CC, SFED-MU, EDBB-MU, NBHD-MU adjacent to residential zoning 275-120 Non-VUA perimeter GTWY-MU, GTWY-MU-II: nonresidential and mixed-use development "Y" 275-130 Non-VUA perimeter GTWY-MU, GTWY-MU-II: residential development N/A 275-140 Non-VUA interior landscaping All districts VUA = vehicle use area (parking, driveway, loading) 41 ORDINANCE #2025-______ Section 14. That Chapter 28 entitled the “Land Development Code”; at Part 5, entitled “Signage and Design Regulations”, Article 505, entitled “Sign Regulations is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 5 - SIGNAGE AND DESIGN REGULATIONS * * * ARTICLE 505 - SIGN REGULATIONS * * * * * * Sec. 505-20. Definitions. CRA form-based districts. The following mixed-use zoning districts, for the purposes of this article: City Center (CC) District, South Federal Highway Corridor Mixed-Use (SFED- MU) District, East Dania Beach Boulevard Mixed-Use (EDBB-MU) District, Beach Gateway Mixed-Use (GTWY-MU) District, Beach Gateway Mixed-Use II (GTWY-MU-II) District, and Neighborhood Mixed-Use (NBHD-MU) District. * * * 42 ORDINANCE #2025-______ Sec. 505-90. Signage regulations for the mixed-use CRA form-based zoning districts (CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, NBHD-MU). * * * (B) Sign types allowed. For each district and street type, the following types of signs are permitted: ✓ = permitted C = conditionally permitted (i.e. only for certain uses, locations or other qualifications pursuant to the regulations referenced in the left-hand column). X = not permitted CC District SFED-MU, EDBB-MU GTWY-MU, GTWY- MU-II Districts NBHD- MU District Street frontage to which sign is oriented Sign Type Primary Streets Secondary Streets Primary Streets Secondary Streets All streets Permanent signs Awning, canopy ✓ ✓ ✓ ✓ ✓ Directional ✓ ✓ ✓ ✓ ✓ Directory ✓ ✓ ✓ ✓ ✓ Gallery edge ✓ ✓ ✓ ✓ ✓ Incidental information ✓ ✓ ✓ ✓ ✓ Marquee [see subsection 505-130(D)] C C C X X Menu, drive-thru Permitted if not oriented toward, or screened from, any street Menu, other ✓ ✓ ✓ ✓ ✓ Monument [see subsection 505-90(O)] C X C X X Private wayfinding [see subsection 505-90(K)] Permitted, but shall not be oriented to any street X Plaque ✓ ✓ ✓ ✓ ✓ Projecting [see subsection 505-90(S)] C C C X X Under-canopy ✓ ✓ ✓ ✓ ✓ Window ✓ ✓ ✓ ✓ ✓ Wall ✓ ✓ ✓ ✓ ✓ Portable signs Sandwich signs ✓ ✓ ✓ ✓ ✓ Umbrella signage ✓ ✓ ✓ ✓ ✓ Menu signs ✓ ✓ ✓ ✓ ✓ Temporary signs Per section 505-160 ✓ ✓ ✓ ✓ ✓ 43 ORDINANCE #2025-______ (C) Cumulative sign area allowance. Every establishment is subject to a maximum cumulative sign area for all building signs. This sign area can be increased, as indicated below, by participating in the signage incentive program set forth in section 505-210. CC District SFED-MU, EDBB-MU GTWY- MU, GTWY-MU-II Districts NBHD-MU District All streets Primary Streets Secondary Streets All streets 1.5 without bonus 1.5 without bonus 1.20 without bonus 1.20 without bonus Cumulative square footage of building signage* per linear foot of occupant street frontage (per frontage) 2.5 with bonus 2.5 with bonus 1.7 with bonus 1.7 with bonus * * * Sec. 505-210. Community redevelopment area design incentives. (D) Incentives that apply exclusively to nonresidential and mixed-use development within the CRA mixed-use zoning districts. (1) The following types of signs are permitted only as an incentive for producing signage consistent with this section. (a) Monument signs and private wayfinding signs on parcels that satisfy the requirements of subsection 505-90(D). (b) Projecting signs above the ground story. (c) Signage on the incline surface of awnings. (d) Marquee signs. (2) Bonus building sign area. (a) Bonus of one (1.0) square foot of building signage per linear foot of building frontage on all streets in the CC District, and primary streets in the SFED- MU, EDBB-MU and GTWY-MU, GTWY-MU-II districts. (b) Bonus of one-half (.50) square foot of building signage per linear foot of building frontage on all other frontages in the SFED-MU, EDBB-MU and GTWY-MU districts, GTWY-MU-II, and in the NBHD-MU District. (c) The bonus building sign area may be used for: 1. Increasing the allowable wall or gallery edge signage area (or combination thereof) by up to twenty-five (25) percent. 2. Projecting signs above the second story. 3. Awning signage on the incline surface. 4. Marquee signs. 44 ORDINANCE #2025-______ 5. Doubling the allowable window signage area. (d) In addition to the sign area bonuses, the city may allow flexibility as to the maximum number of colors and other design standards in section 505-40, subject to design review using the site plan approval process. Section 15. That Chapter 28 entitled the “Land Development Code”; at Part 7, entitled “Code Administration”, Article 700, entitled “Code Administration and Legal Provisions”, at Section 725-30, entitled “Terms defined” is hereby amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 7 - CODE ADMINISTRATION ARTICLE 700 - CODE ADMINISTRATION AND LEGAL PROVISIONS * * * Sec. 725-30. Terms defined. District, CRA form-based. Any of the zoning districts of part 3, subpart 1 of this code. The following are CRA form-based districts: CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, and NBHD-MU mixed-use districts, and the NBHD-RES residential district. District, mixed-use. A zoning district that permits both commercial and residential principal uses in the same building or on the same lot within separate buildings. The following are mixed-use zoning districts: RO, CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU- II, NBHD-MU. Section 16. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 17. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. 45 ORDINANCE #2025-______ Section 18. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 19. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on May 13, 2025. PASSED AND ADOPTED on second reading on _____________. 2025. First Reading: Motion by: Vice Mayor Salvino Second by: Commissioner Lewellen. Second Reading: Motion by: _________________________________ Second by: _________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ 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 Kelly Ray 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Phone: 954.333.4377 Email: kelly.ray@gmlaw.com August 12, 2025 Eleanor Norena, CFM Community Development Director City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Beach Gateway Mixed Use II – Proposed Amendment Ms. Norena, This letter is to request that City staff include the following information in the agenda backup materials for the August 26, 2025, City Commission hearing. As part of the proposed zoning code amendment to create a new district entitled Beach Gateway Mixed Use II (GTWY-MU-II), the originally requested density was 85 dwelling units per acre. At the first reading of this item, Commissioners requested that we review the number of units per acre, proposed unit sizes and evaluate how those sizes might change if the allowable density were adjusted. We have completed that analysis and have also compared the proposed density to other developments within the existing zoning district. We provided city staff with two (2) tables outlining this analysis. Based on this review, we are revising our request to 75 dwelling units per acre. We respectfully request that this revised density and supporting explanation be included in the agenda backup and any other materials necessary for the City Commission’s consideration at the August 26, 2025 hearing. Thank you for your assistance. Sincerely, GREENSPOON MARDER LLP Kelly Ray For the Firm Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com, Classified.ss.com_Legal AdSize(s):2 Column Run Date(s):Monday, August 11, 2025 Zone:Full Run Color Spec.B/W Preview Order ID:7854038 Page 2 of 3 8/5/2025 11:17:04 AMPrinted: GROSS PRICE * :$401.50 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Order ID:7854038 Page 3 of 3 8/5/2025 11:17:04 AMPrinted: GROSS PRICE * :$401.50 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: RESOLUTION NO. 2025-020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY COMMISSION “COMMUNITY GRANT POLICY” AND “DISCRETIONARY FUNDS USE POLICY”; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On March 8, 2022, the City Commission approved Resolution No. 2022-041 adopting a Community Grant Policy and Discretionary Funds Use Policy (the “Policies”); and WHEREAS, the City Administration recommends amendment to the Policies to increase accountability and providing for placement on City Commission meeting agendas for approval prior to the obligation of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That pursuant to this Resolution, the City Commission adopts amendments to the Community Grant Policy and Discretionary Fund Use Policy, copies of which Policies are attached as Exhibit “A” and Exhibit “B”, respectively, and are made a part of and incorporated into this Resolution by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2025-020 PASSED AND ADOPTED on January 28,2025. Motion by Commissioner Lewellen second by Commissioner Rimoli FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Archibald J. Ryan IV X Commissioner Lori Lewellen X Commissioner Luis Rimoli X Vice Mayor Marco Salvino X Mayor Joyce L. Davis X ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 3 RESOLUTION #2025-020 EXHIBIT A City of Dania Beach Community Grant Program Policy and Guidelines PURPOSE Many programs and services are provided through the efforts of local non-profit organizations to enhance the life experience of City residents, complementing, and often supplementing programs beyond the City’s capability. Establishing the Dania Beach Community Grant Program (DBCGP) demonstrates the City Commission’s commitment to working with these local non-profit organizations that provide beneficial programs and services to the community. These guidelines serve to ensure that programs and events supported by grant awards are aligned with the City’s strategic planning goals adopted in 2021, as follows: Financially sound and responsible City, providing services valued by the community Investment in upgrading City infrastructure and facilities Your hometown in Broward County – A vibrant and sustainable community Opportunities for leisure and cultural experiences All community grants provided through this program shall comply with City policies and best practices regarding the transparency and accountability over the expenditure of public funds. FUNDING PROCESS Each year, the City Commission will establish the total amount of available funding for the DBCGP during the budget process, with guidance and input from the City Manager and Finance Director. This amount will drive the not-to-exceed individual award amount and total number of awards, which will be noticed on the City’s website once the application cycle has begun. MAXIMUM AWARD AMOUNT Each organization may receive a maximum annual grant amount of $10,000 per fiscal year / funding cycle. APPLICATION CYCLE The application cycle for the program begins on October 1 each year. Completed applications are due by November 30 or as otherwise outlined in the public notice published on the City’s website. Awards will be announced by early February. 4 RESOLUTION #2025-020 ELIGIBILITY The City of Dania Beach may, at the discretion of the City Commission, provide direct monetary grants, donations, or contributions to local non-profit organizations who demonstrate their eligibility based on the following criteria: • Initiate or deliver programs and services to the residents of Dania Beach; or • Provide events of local significance, which could be expected to bring economic, public relations, or social benefit to the City, including promoting environmental awareness, educational excellence, expansion of the arts, or scientific research; or • Provide programs and services to address any urgent and pressing events and natural disasters (i.e. public health crisis, tropical weather events) Grants may be provided to eligible applicants for: • General operating and capital expenses including administrative costs and program-related expenses • Activities/functions generally occurring within City boundaries • Programs/activities/functions addressing a community need, responding to an under-served demand, or contributing to the positive image of the City Ineligible Organizations The DBCGP will not support and considers ineligible the following: • Non-profit organizations without a tax-exempt status • For-profit organizations • Private foundations • Organizations or programs designed to influence legislation or elect candidates to public office • Faith-based organizations that intend to use funding to promote a particular religious faith, creed or doctrine • Community or event advertising • Student trips or exchange programs All organizations must be able to sufficiently demonstrate compliance with all applicable non-profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City grants and funding opportunities. Disallowed Expenditures The following is a list of disallowed expenditures which is not intended to be all-inclusive. The City may, at its sole discretion, determine that an expenditure is not valid at any time during the application, award, and/or expenditure cycle. • On a retroactive basis for events that have already occurred • To support programs or services which are operated under the authority of another level or unit of government • Donations to general charitable causes that have no observable benefit to the City or its residents • For debt retirement • To an applicant that has an overdue amount owing to the City • Cell phones, smartphones, and similar electronic devices, including service costs to support such devices 5 RESOLUTION #2025-020 • Proposal preparation • Pre-award costs • Entertainment (i.e. disc jockey, band, performers for social events) • Out-of-state travel; non-local travel expenses • Gift cards • Purchase/lease of facilities and/or vehicles (e.g., buildings, buses, vans) • Land acquisition • Furniture • Honorariums for presenters/speakers • Kitchen appliances (e.g., refrigerators, microwaves, stoves, tabletop burners) • Any expenditures not aligned with the City’s adopted strategic plan and/or the core purpose and intentions of the Community Grants Program Restrictions • Organizations can only submit one funding application per year • If the programs or services proposed in the organization’s application are not commenced or not completed within the current fiscal year and there remain City’s funds on hand, or are completed without requiring the full use of the City’s funds, the balance of the contributed funds must be returned to the City • The granting of assistance in any year is not to be considered a commitment to providing grant funding assistance in a future year • Funding is provided only for the sole purpose for which it was awarded within the current fiscal year APPLICATION PROCESS The requirements listed below will be used as conditions when screening the applications to indicate whether the application is completed in full. Each organization applying is required to provide: • Completed application executed by President/CEO/Chairperson • Detailed itemized budget for current budget year • Copy of IRS letter or certificate verifying tax exempt status • Copies of IRS filings/returns for last three years (if applicable) • Proof of active corporate registration status (Sunbiz.org) • Current copy of IRS Form W-9 • List of Board of Directors • Articles of Incorporation • A statement of the organization’s goals and objectives and how the specific funding request is aligned with the City’s adopted strategic plan • A description of how the organization intends to measure the success of the program or service if the funding request is approved • Demonstrated need for financial assistance • If organizations are requesting grant funding for a specific event/project, they must provide a budget for the event/project • That adequate funding for the programs or services is not available from other sources 6 RESOLUTION #2025-020 Additional documents that may be required during the application review process: • Audited financial statement along with an audit opinion for the most recent fiscal year; OR • Unaudited financial statement along with a certified statement from the organization’s President/CEO/Chairperson and Treasurer. REVIEW PROCESS Applications that demonstrate a surplus as shown on the income statement of the event or program being hosted will not be considered. Staff will review the remaining applications using the requirements as conditions when screening each application to distinguish whether the application meets the requirements and should be considered for funding. Staff will only bring forward applications that meet the minimum requirements stated in the policy. A report summarizing the eligible submissions will be submitted by staff to the City Manager for review and placement on a City Commission meeting agenda. Applicants will be advised of the scheduled meeting date at which their application will be considered. Grant recipients will be required to acknowledge the support of the City of Dania Beach in all advertising, publicity, programs, and signage for which funds are granted. The recipient may not represent the City as a partner or hold the City responsible for any obligations relating to the grant initiative. Additionally, the City shall not be held liable for claims against a recipient in connection with a program, project, initiative, or event funded by a City grant award. If at any time, it is determined that an applicant knowingly provided false information (whether material in nature) in an attempt to obtain a City financial contribution, the applicant will be permanently disqualified from the program. PROGRAM REQUIREMENTS & MONITORING Upon award notification and prior to disbursement of award, recipients must execute a binding Agreement that outlines the grant conditions between the City and recipient. Additional information may be required at the City’s discretion, based on the usage of funds. Recipients will be required to maintain detailed documentation of all grant expenditures. Failure to comply with this requirement may result in disqualification from future grant cycles. All expenditures must be completed by September 30th. If the expenditure of funds is delayed due beyond unforeseen circumstances, the recipient must make a request in writing to the City Manager to extend past the expenditure deadline for the particular award cycle. FINAL REPORT Recipients must submit a Final Report to the City Manager’s office by October 15th. The report will indicate the amount of funds received, use of the funds, and any other information or images that show the direct benefit to the community. Failure to submit a Final Report may result in disqualification from future grant cycles. 7 RESOLUTION #2025-020 EFFECTIVE DATE This policy shall become effective upon adoption by the City Commission. 8 RESOLUTION #2025-020 EXHIBIT B City of Dania Beach City Commission Discretionary Funds Use Policy PURPOSE In fiscal year 2021-22, the City Commission established, through the annual budget process, Discretionary Funds accounts for each City Commissioner, to be invested in community projects and initiatives. The purpose of this policy is to establish formal guidelines for the use of Discretionary Funds by City Commissioners. Where not provided for in this policy, the use of Discretionary Funds must follow the terms of the Community Grants Policy and any other applicable City policies. In no way should the use of Discretionary Funds circumvent the Community Grants Policy, whether intentional or not. Finally, the goal of the policy is to provide the same transparency and accountability as the Community Grant Program. All expenditure of Discretionary Funds shall be aligned with the City’s adopted strategic planning goals and shall comply with City policies and best practices regarding the transparency and accountability over the expenditure of public funds. ANNUAL DISCRETIONARY FUND AMOUNT Each year, through the annual budget process, the City Commission will establish the total amount of Discretionary Funds available and the amount per City Commissioner. APPROVAL PROCESS Any encumbrance or expenditure of Discretionary Funds must be formally approved by the City Commission prior to obligation. All requests must be placed on the City Commission Meeting Agenda using the Discretionary Funds Use Request Form (attached to this policy as Appendix I), which form may be amended from time to time by the City Administration. The agenda item/request must be sponsored by the Mayor, Vice-Mayor, or a Commissioner and include the appropriate supporting information for review by the City Administration. All requests for funding must be submitted to the City Administration at least thirty (30) days prior to the City Commission meeting date, to allow for review and vetting of all information. PROCUREMENT The Finance Department is responsible for all procurement-related aspects to ensure satisfaction of all purchasing policy items. The use of discretionary funds shall not in any way circumvent any City policy. This includes, but is not limited to, obtaining required verbal/written quotes, vendor registrations, issuance of purchase orders, and payments. 9 RESOLUTION #2025-020 ELIGIBLE RECIPIENTS In most cases, eligibility is aligned with the terms of the City’s Community Grants Program. The following list of eligible entities is not all-inclusive: • Active not-for-profit organizations • Faith-based organization that do not use funding to promote a particular religious faith, creed, or doctrine • Schools • After School Programs • Community Associations All organizations must be able to sufficiently demonstrate compliance with all applicable non-profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City grants and funding opportunities. ELIGIBLE USES OF DISCRETIONARY FUNDS In most cases, eligibility is aligned with the terms of the City’s Community Grants Program. The following list of eligible uses of discretionary funds is not all-inclusive: • General operating and capital expenses including administrative costs and program-related expenses • Activities/functions generally occurring within City boundaries • Programs/activities/functions addressing a community need, responding to an under-served demand, or contributing to the positive image of the City • Initiatives directly paid by the City, including but not limited to, special events and associated expenditures, repairs/enhancements to public facilities, and other gestures of goodwill. PROGRAM RESTRICTIONS Funding may be allocated to an organization only once in a particular fiscal year. The award of Discretionary Funds in a fiscal year is not to be considered a commitment to providing funding in a future year. An organization may only receive either a Community Grant or Discretionary Funds in a particular fiscal year, but not from both programs in the same year. 10 RESOLUTION #2025-020 FINAL REPORT Recipients must submit a Final Report to the City Manager’s office following the expenditure of funds / completion of program. The report will indicate the amount of funds received, use of the funds, and any other information or images that show the direct benefit to the community. Failure to submit a Final Report, or if has been determined that funds were not properly spent, will result in disqualification from future grant cycles. EFFECTIVE DATE This policy shall become effective upon adoption by the City Commission. 11 RESOLUTION #2025-020 12 RESOLUTION #2025-020 APPENDIX I Olsen Middle School Janet Giancarli, Principal 330 SE 11th Terrace Dania Beach, Florida 33004 phone: 754-323-3865 • fax: 754-323-3885 janet.giancarli@browardschools.com www.browardschools.com/Olsen The School Board of Broward County, Florida Debra Hixon, Chair Sarah Leonardi, Vice Chair Lori Alhadeff Maura McCarthy Bulman Adam Cervera, Esq. Dr. Jeff Holness Nora Rupert Rebecca Thompson Dr. Allen Zeman Dr. Howard Hepburn Superintendent of Schools August 14, 2025 To the Honorable Mayor Davis, Vice Mayor Salvino, and Commissioners Lewellen, Rimoli, and Ryan IV: On behalf of Collins Elementary School, Dania Elementary School, and Olsen Middle School, we would like to express our sincere appreciation for the City of Dania Beach’s continued support for our students and schools. The lanyards distributed at the recent Back-to-School Beach Clean Up event were a wonderful way to showcase our community pride and highlight the special connection between our schools and the City. We respectfully request City of Dania Beach lanyards for all students and staff in the three Dania Beach schools. The total cost to provide these lanyards is $2,837.62. These lanyards would serve as a visible symbol of our shared identity — a reminder that our schools are located within the City of Dania Beach, the first city in Broward County, and of the strong partnership we enjoy with our city leadership. Providing lanyards to all students and staff would not only foster unity and pride among our school communities but also reinforce the positive and supportive relationship between the City of Dania Beach and our schools. We are confident this initiative would be met with great enthusiasm by our students, staff, and families. Thank you for your consideration of this request and for the ongoing support you provide to our schools and community. We look forward to continuing to work together in service of our students and the city we are proud to call home. With appreciation, Janet G. Giancarli Principal, Olsen Middle School Michael V. Billins Principal, Dania Elementary Theon A. Eames Principal, Collins Elementary The Gratefull Thread 10158 NW 47th Street Sunrise, Fl 33351 954-572-8383 8/14/2025 HIT PROMO LANYARDS PRINTED WITH BREAKAWAY/JHOOK Style#Color Quantity COST TOTAL DSLOS LIGHT BLUE 1400 $2.00 $2,800.00 SET UP REORDER- NO SET UP $- SHIPPING $37.62 TOTAL $2,837.62 12 RESOLUTION #2025-______ APPENDIX I