HomeMy WebLinkAboutR-2026-017 Southern Underground Industries Award for LS #4 Mitigation (ITB #2025-025)RESOLUTION NO. 2026-017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID
(“ITB”) NO. 25-025, ENTITLED “LIFT STATION NO. 4 MITIGATION
PROJECT,” TO SOUTHERN UNDERGROUND INDUSTRIES, INC., IN AN
AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED SIXTY-
NINE THOUSAND FIVE HUNDRED FIFTY-SIX DOLLARS AND 75/100
($2,869,556.75); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE..
WHEREAS, the City Commission of the City of Dania Beach authorized the mitigation
and improvement of Lift Station No. 4, located in Dania Beach, Broward County, Florida; and
WHEREAS, the City issued Invitation to Bid (“ITB”) No. 25-025 for the Lift Station No.
4 Mitigation Project, which includes site demolition, structural upgrades, mechanical and
electrical improvements, installation of a generator system, and associated site restoration, in
accordance with the plans and specifications prepared by Kimley-Horn and Associates, Inc.; and
WHEREAS, bids were received and evaluated in accordance with City procurement
requirements, and the Engineer of Record, Kimley-Horn and Associates, Inc., recommended
award to Southern Underground Industries, Inc. as the most responsive and responsible bidder;
and
WHEREAS, The base bid submitted by Southern Underground Industries, Inc. is
$2,608,687.96, and including a ten percent (10%) contingency of $260,868.79, the total project
amount is $2,869,556.75; and
WHEREAS, the Public Services Department concurs with the recommendation of the
Engineer of Record and recommends award of ITB No. 25-025 to Southern Underground
Industries, Inc.
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. The City Commission hereby authorizes the award of ITB No. 25-025,
“Lift Station No. 4 Mitigation Project,” to Southern Underground Industries, Inc., in an amount
not to exceed $2,869,556.75, including contingency, and authorizes the City Manager to execute
the contract and any related documents.
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Section 3. Funding for this Project shall be appropriated from the Sewer Fund 402-
35-29-535-63-10. The Project is funded through a combination of City funds and a Florida
Department of Environmental Protection (FDEP) grant on a 50/50 basis, pursuant to DEP
Agreement No. 23FRP30.
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 February 10, 2026.
Motion by Commissioner Rimoli, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTIS
CITY ATTORNEY
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AGREEMENT
This Agreement (the “Agreement”) is made and entered into this ___ day of __________, 2026,
by and between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”),
with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, and Southern Underground Industries, Inc., a Florida corporation (the
“Contractor”), with a mailing address of 794 S. Military Trail, Deerfield Beach, Florida 33321,
email contact Hector Meneses, HectorM@southernundergroundindustries.com.
RECITALS
WHEREAS, the City issued Invitation to Bid No. 25-025, entitled “Lift Station 4 Mitigation
Project,” for the rehabilitation of Lift Station No. 4 located at 1151 SE 5th Avenue, Dania Beach,
Florida;
WHEREAS, the Public Services Department prepared and presented a memorandum dated
February 10, 2026, recommending award of ITB No. 25-025 to Southern Underground Industries,
Inc. (the “Award Memorandum”);
WHEREAS, the City Commission of the City of Dania Beach adopted a Resolution authorizing
award of ITB No. 25-025 to the Contractor in an amount not to exceed $2,869,556.75, inclusive
of a ten percent (10%) contingency.
WHEREAS, the Contractor submitted a bid and supporting materials in response to ITB No. 25-
025, which were determined to be responsive and responsible; and
WHEREAS, the City desires to enter into this Agreement with the Contractor to perform the Work
in accordance with the ITB documents, the Award Memorandum, the Award Resolution, and the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree
as follows:
1. INCORPORATION OF RECITALS AND AWARD DOCUMENTS
The foregoing Recitals are true and correct and are incorporated herein by reference. The Award
Memorandum and Award Resolution are hereby incorporated into and made part of this
Agreement by reference.
2. DEFINITIONS
Capitalized terms not otherwise defined herein shall have the meanings assigned in ITB No. 25-
025 and the Contract Documents.
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3. SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment, tools, supervision, permits,
coordination, testing, documentation, and services necessary to fully construct, complete, test, and
deliver a complete, functional, and fully operational Lift Station No. 4 Mitigation Project, in strict
accordance with ITB No. 25-025, all addenda, the plans and technical specifications prepared by
Kimley-Horn and Associates, Inc., the Contractor’s bid, applicable grant requirements, and all
other Contract Documents (collectively, the “Work”).
The Work includes, without limitation, all work expressly shown or specified, as well as all
incidental, inferable, and ancillary work reasonably necessary to produce a complete and code-
compliant project suitable for its intended use, whether or not such work is expressly depicted in
the plans or specifications.
The Contractor acknowledges that it has examined the site, reviewed all Contract Documents, and
accounted for all conditions affecting performance of the Work. No additional compensation shall
be due for work that is reasonably inferable from the Contract Documents or necessary for proper
completion, operation, permitting, inspection approval, or grant compliance.
ITB No. 25-025, including all addenda, plans, technical specifications, bid forms, general terms
and conditions, special conditions, and attachments, is incorporated herein by reference one time
only and attached hereto as Exhibit A.
4. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE
4.1 Contract Documents. The Contract Documents consist of this Agreement, the City
Commission Award Resolution, ITB No. 25-025 including all addenda and attachments (Exhibit
A), the plans and technical specifications prepared by Kimley-Horn and Associates, Inc., duly
executed Change Orders, and all documents expressly incorporated by reference therein.
4.2 Limited Incorporation of Contractor’s Bid. The Contractor’s bid is incorporated solely for the
purpose of establishing the Contract Price and confirming responsiveness to the ITB. The
Contractor’s bid shall not be interpreted to limit, modify, or reduce the scope, quality, or
performance requirements of the Work, which bid is incorporated into this agreement as Exhibit
B.
4.3 Single Incorporation of ITB General Conditions. The General Terms and Conditions and
Special Conditions contained in ITB No. 25-025 are incorporated herein by this reference one time
only and shall apply to this Agreement to the extent they are not expressly modified herein. Any
provision of the ITB that is administrative, duplicative, or inconsistent with this Agreement shall
have no force or effect.
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4.4 Order of Precedence. In the event of any conflict or inconsistency among the Contract
Documents, the following order of precedence shall apply:
1. This Agreement
2. City Commission Award Resolution
3. ITB No. 25-025 and Addenda
4. Plans and Technical Specifications
5. Approved Change Orders
4.5 Most Stringent Requirement Governs. Where multiple Contract Documents impose differing
requirements, the requirement that is more stringent, more comprehensive, or more protective of
the City shall govern, as determined by the City.
4.6 No Change Order by Conflict. Conflicts, omissions, or inconsistencies among the Contract
Documents shall not entitle the Contractor to a Change Order or additional compensation unless
expressly approved in writing by the City.
5. TERM AND TIME OF PERFORMANCE
The term of this Agreement shall commence on the Effective Date and shall continue until final
completion of the Work, unless earlier terminated in accordance with this Agreement.
The Contractor shall commence the Work upon receipt of a written Notice to Proceed issued by
the City and shall diligently prosecute the Work to final completion within the contract time set
forth in ITB No. 25-025, as may be adjusted only by written Change Order approved by the City.
Time is of the essence in the performance of this Agreement. The Contractor acknowledges that
timely completion of the Work is a material inducement for the City’s entry into this Agreement,
including compliance with applicable grant funding requirements.
Delays attributable to weather, permitting, utility coordination, material procurement, or
subcontractor performance shall not constitute excusable delay unless expressly determined by the
City in writing. No extension of time shall be effective unless approved in advance by the City
through a written Change Order.
6. COMPENSATION AND PAYMENT PROCEDURES
6.1 Not-to-Exceed Amount. The City shall pay the Contractor a not-to-exceed amount of
$2,869,556.75, inclusive of contingency, for full and satisfactory performance of the Work in
accordance with the Contract Documents. The Contractor acknowledges that no entitlement exists
to the contingency, and any use of contingency funds shall require the City’s prior written approval.
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6.2 Condition Precedent to Payment. Payment by the City is expressly conditioned upon the
Contractor’s submission of complete, accurate, and satisfactory documentation demonstrating that
the Work for which payment is requested has been performed in full compliance with the Contract
Documents, applicable laws, inspection requirements, and grant funding conditions.
6.3 Applications for Payment. The Contractor shall submit monthly Applications for Payment as
a condition precedent to payment, in a form acceptable to the City and consistent with the ITB
requirements, which shall include, at a minimum:
(a) A detailed schedule of values approved by the City; (b) Itemized quantities of Work completed
during the billing period; (c) Written certification by the Contractor that the Work has been
performed in accordance with the Contract Documents; (d) Supporting documentation reasonably
required by the City or its Construction Engineering and Inspection (CEI) consultant, including
inspection reports and progress verification; (e) Partial releases of lien from the Contractor and all
subcontractors and suppliers for amounts previously paid; and (f) Updated project schedules
reflecting progress to date. The City may reject or withhold payment for any Application for
Payment that is incomplete, unsupported, inaccurate, or otherwise not acceptable to the City in its
sole discretion.
6.4 City Review and Discretion. The City, in its sole discretion, may approve, reduce, or reject any
Application for Payment, in whole or in part, if the City determines that the Work is incomplete,
defective, nonconforming, inadequately documented, or otherwise not in compliance with the
Contract Documents. The City’s review or approval shall not constitute acceptance of the Work.
6.5 Withholding of Payment. The City may withhold payment, in whole or in part, in the City’s
sole discretion, for any of the following reasons, without limitation:
(a) Defective or nonconforming Work; (b) Failure to maintain required insurance or bonds; (c)
Failure to submit required documentation; (d) Unresolved safety, code, or inspection issues; (e)
Failure to pay subcontractors or suppliers; (f) Pending claims, disputes, or assessments of
liquidated damages.
6.6 No Waiver. Payment by the City shall not constitute a waiver of any rights or remedies
available under this Agreement or applicable law.
7. SUBCONTRACTORS
The Contractor shall not subcontract, assign, or otherwise delegate performance of any portion of
the Work without the City’s prior written approval. The Contractor shall remain fully responsible
to the City for the acts, omissions, performance, and compliance of all subcontractors and
suppliers, regardless of tier.
All approved subcontracts shall require the subcontractor to be bound by the applicable provisions
of this Agreement and the Contract Documents, including, without limitation, insurance, bonding,
indemnification, schedule, safety, and grant compliance requirements.
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The City reserves the right to reject or require removal of any subcontractor whose performance
is determined by the City, in its sole discretion, to be unsatisfactory, noncompliant, or
detrimental to the Project. Approval of a subcontractor shall not relieve the Contractor of any
obligation or liability under this Agreement.
No subcontracting or assignment shall relieve the Contractor of its obligation to self-perform the
Work to the extent represented in its bid or required by the Contract Documents.
8. INSURANCE AND BONDS
The Contractor shall procure, maintain, and keep in full force and effect, at its sole cost and
expense, all insurance coverages and bonds required by ITB No. 25-025, applicable Florida law,
and the City’s risk management requirements, prior to commencement of the Work and for the
duration of the Project.
All insurance policies shall be issued by insurers authorized to do business in the State of Florida
and acceptable to the City. Certificates of insurance and, upon request, copies of policies shall be
submitted to the City for review and approval prior to issuance of the Notice to Proceed and as a
condition precedent to any payment.
The City shall be named as an additional insured on all applicable liability policies, on a primary
and non-contributory basis, and such coverage shall not be canceled, materially changed, or
allowed to lapse without at least thirty (30) days’ prior written notice to the City.
Failure to maintain required insurance or bonds shall constitute a material breach of this
Agreement and shall entitle the City, without limitation, to suspend the Work, withhold payment,
or terminate this Agreement.
All insurance obligations shall survive final completion, acceptance of the Work, and termination
of this Agreement to the extent required to cover claims arising from the Work.
9. COMPLIANCE WITH LAWS
The Contractor shall, at its sole cost and expense, comply with all applicable federal, state, and
local laws, statutes, ordinances, rules, regulations, codes, and permit conditions governing the
performance of the Work, including without limitation all requirements of the City of Dania Beach
Code of Ordinances.
The Contractor acknowledges that the Project is funded, in whole or in part, by state and federal
grant funds and agrees to comply with all applicable grant agreements, funding conditions,
reimbursement requirements, audit provisions, reporting obligations, and record retention
requirements, including those imposed by the Florida Department of Environmental Protection
and any applicable federal agencies.
The Contractor shall be responsible for monitoring changes in applicable laws and requirements
and shall promptly take all actions necessary to maintain compliance. Any costs, delays, rework,
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penalties, fines, or disallowances arising from the Contractor’s failure to comply shall be the sole
responsibility of the Contractor and shall not entitle the Contractor to additional compensation or
time.
Upon request, the Contractor shall provide certifications, affidavits, payroll records, compliance
documentation, and access to records reasonably required by the City or any auditing or funding
authority. Failure to comply with this Section shall constitute a material breach of this Agreement.
10. TERMINATION
10.1 Termination for Convenience. The City may terminate this Agreement, in whole or in part,
for its convenience and without cause upon written notice to the Contractor. In the event of
termination for convenience, the Contractor shall be entitled only to payment for Work
satisfactorily performed and accepted by the City as of the effective date of termination. The
Contractor shall not be entitled to anticipated profits, unabsorbed overhead, consequential
damages, or payment for unperformed Work or unused materials.
10.2 Termination for Cause. The City may terminate this Agreement for cause upon written notice
if the Contractor fails to perform the Work in accordance with the Contract Documents, fails to
maintain required insurance or bonds, fails to comply with applicable laws or grant requirements,
becomes insolvent, or otherwise materially breaches this Agreement. Where required by law, the
City shall provide a reasonable opportunity to cure; however, no cure period shall be required
where the breach poses a threat to public health, safety, or grant compliance.
10.3 Termination for Funding Unavailability. In the event that grant funding is reduced, delayed,
suspended, or terminated, or reimbursement becomes unavailable or ineligible, the City may
terminate this Agreement, in whole or in part, without penalty. The Contractor acknowledges that
continuation of this Agreement is expressly contingent upon the availability of grant funds.
10.4 City Remedies. Termination shall be in addition to, and not in lieu of, any other rights or
remedies available to the City at law or in equity, including the right to complete the Work and
recover costs from the Contractor and its surety.
11. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless
the City of Dania Beach, its officers, officials, employees, agents, and volunteers from and against
any and all claims, demands, damages, losses, liabilities, costs, and expenses, including but not
limited to reasonable attorneys’ fees and costs, arising out of, relating to, or resulting from the
negligent acts, errors, or omissions, recklessness, or willful misconduct of the Contractor, its
subcontractors, suppliers, or anyone directly or indirectly employed by or acting on behalf of the
Contractor in connection with the performance of the Work.
This obligation shall apply regardless of whether such claim is caused in part by a party
indemnified hereunder but shall not apply to the extent caused by the sole negligence or willful
misconduct of the City.
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Nothing in this Section shall be construed as a waiver of the City’s sovereign immunity beyond
the limits set forth in section 768.28, Florida Statutes.
The indemnification obligations set forth herein shall survive completion of the Work, final
payment, acceptance, and termination of this Agreement.
12. LIQUIDATED DAMAGES
The Contractor acknowledges that time is of the essence in the performance of the Work and that
the City will sustain actual damages if the Work is not completed within the contract time. The
parties further acknowledge that such damages are difficult or impracticable to determine with
precision at the time of entering into this Agreement.
Accordingly, the Contractor agrees that for each calendar day beyond the required date of final
completion that the Work remains incomplete, the Contractor shall pay to the City liquidated
damages in the amount of Five Hundred Dollars ($500.00) per calendar day, which the parties
agree represents a reasonable pre-estimate of the City’s damages and is not a penalty.
Liquidated damages shall accrue beginning on the first day following expiration of the contract
time, as adjusted by approved Change Orders, and shall continue until final completion is achieved.
The City may deduct liquidated damages from any amounts otherwise due to the Contractor or
may recover such amounts from the Contractor and its surety.
The assessment of liquidated damages shall not relieve the Contractor of its obligation to complete
the Work nor limit the City’s right to pursue other remedies for breach, except that liquidated
damages shall be the City’s sole monetary recovery for delay in completion, unless the delay is
the result of fraud, willful misconduct, or gross negligence.
13. NO DAMAGES FOR DELAY
The Contractor agrees that it shall have no claim for, and shall not be entitled to, any damages,
compensation, or reimbursement of any kind for delays, hindrances, disruptions, or interferences
to the Work, regardless of cause.
Claims by the Contractor for delays shall be submitted in accordance with the claims procedures
set forth in the Contract Documents. The sole and exclusive remedy for any delay shall be a non-
compensable extension of Contract Time, if approved in writing by the City. In no event shall the
Contractor be entitled to monetary compensation for delay.
Nothing herein shall preclude the City from recovering liquidated damages or other remedies
available under this Agreement.
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14. FORCE MAJEURE
Neither the City nor the Contractor shall be deemed in default for failure to perform its
obligations under this Agreement when such failure is due to events beyond the reasonable
control of the affected party that could not have been prevented through the exercise of
reasonable diligence (“Force Majeure”), including fire, earthquakes, hurricanes, tornadoes,
storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, or governmental
actions.
Force Majeure shall not include material shortages, supply chain disruptions, labor availability
issues, subcontractor or supplier nonperformance, utility conflicts, permitting delays, financial
hardship, or other events that could have been avoided or mitigated through reasonable planning
or diligence.
The Contractor shall provide written notice of a Force Majeure event in accordance with the
claims notice provisions of the Contract Documents. The Contractor shall take all reasonable
steps to mitigate the effects of the Force Majeure event and to resume performance as soon as
practicable.
The sole and exclusive remedy for a Force Majeure event shall be a non-compensable extension
of Contract Time, if approved in writing by the City. No Force Majeure event shall entitle the
Contractor to additional compensation, damages, or reimbursement of any kind.
15. RETAINAGE
15.1 Maximum Statutory Retainage. The City may withhold retainage from progress payments in
an amount not to exceed five percent (5%) of each progress payment, in strict accordance with
section 255.078, Florida Statutes.
15.2 Discretion to Reduce or Release. The City may, in its sole discretion, withhold retainage at
a rate less than five percent (5%), incrementally reduce the rate of retainage pursuant to a
schedule established by the City, or release all or a portion of retainage at any time, as permitted
by law.
15.3 Withholding Authority. The City may withhold retainage, in whole or in part, to address
defective or incomplete Work, punch-list items, unresolved claims, liquidated damages, audit or
close-out deficiencies, or any other amounts owed to the City under the Contract Documents.
15.4 Final Release. Final release of retainage shall occur only upon Final Completion, final
acceptance of the Work, receipt and approval of all close-out documentation, and satisfaction of
all contractual and statutory requirements.
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16. CHANGES IN THE WORK
The City reserves the right, at any time and without invalidating this Agreement, to make changes
in the Work within the general scope of the Project. No change in the Work shall be undertaken,
and no adjustment to the Contract Price or Contract Time shall be made, unless authorized in
advance by a written Change Order or written Construction Change Directive executed by the
City.
The Contractor shall not perform any changed or additional Work without prior written
authorization from the City. Any Work performed without such authorization shall be deemed
unauthorized and shall be performed at the Contractor’s sole risk and expense.
All requests for changes, including claims for additional compensation or extensions of time, shall
be submitted in writing in strict accordance with the procedures set forth in the Contract
Documents. Failure to timely submit a request for a change shall constitute a waiver of the claim.
The City shall have sole discretion to approve, modify, or reject any proposed change. The
existence of a dispute regarding a change shall not relieve the Contractor of its obligation to
proceed with the Work as directed by the City.
No Change Order shall be deemed approved unless executed in writing by the City. Oral
statements, field directives, approvals by inspectors or consultants, or course of conduct shall not
constitute authorization for a change.
Any Change Order involving the use of contingency funds shall require express written approval
by the City and shall be subject to the availability of funds and applicable grant requirements.
17. WARRANTY AND CORRECTION OF WORK
The Contractor warrants that all Work, materials, equipment, and workmanship furnished under
this Agreement shall be new, of good quality, free from defects, and in full conformity with the
Contract Documents.
In addition to any other warranties provided by law or the Contract Documents, the Contractor
shall correct, at its sole cost and expense, any defective or nonconforming Work discovered within
one (1) year after the date of final acceptance or within such longer period as may be required by
law or any applicable manufacturer’s warranty. The Contractor shall commence corrective work
promptly upon receipt of written notice from the City.
If the Contractor fails to timely correct defective or nonconforming Work after notice, the City
may, without prejudice to any other rights or remedies, correct such Work and charge the cost
thereof to the Contractor or deduct such costs from any amounts due or retainage held.
The obligations set forth in this Section are in addition to, and not in limitation of, any rights or
remedies available to the City under this Agreement, at law, or in equity, including claims for
latent defects, gross negligence, fraud, or willful misconduct.
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All warranties and correction obligations shall survive final payment, acceptance of the Work, and
termination of this Agreement. The Contractor shall require all subcontractors and suppliers to
provide warranties consistent with this Section.
18. ASSIGNMENT AND CHANGE IN CONTROL
The Contractor shall not assign, transfer, convey, subcontract, or otherwise delegate this
Agreement or any interest herein, in whole or in part, without the prior written consent of the City,
which consent may be granted or withheld in the City’s sole discretion. Any attempted assignment
or delegation without such consent shall be null and void.
For purposes of this Section, an assignment shall include, without limitation, any merger,
consolidation, sale of substantially all assets, or change in ownership or control of the Contractor,
whether direct or indirect. The Contractor shall provide the City with written notice of any
proposed change in control at least thirty (30) days in advance.
No approved assignment or change in control shall relieve the Contractor of its obligations under
this Agreement, nor shall it release the Contractor’s surety or insurers unless expressly approved
in writing by the City.
Any unauthorized assignment or change in control shall constitute a material breach of this
Agreement and shall entitle the City to terminate this Agreement for cause.
19. RECORDS, AUDIT, AND GRANT COMPLIANCE
The Contractor shall maintain all records related to the Work in accordance with applicable state
and federal grant requirements and shall make such records available for inspection or audit by
the City or any funding agency. These obligations shall flow down to all subcontractors.
20. SURVIVAL
All provisions of this Agreement which, by their nature or by express terms, are intended to survive
final payment, acceptance of the Work, or termination of this Agreement shall survive, including
without limitation the provisions relating to indemnification, insurance, warranties and correction
of Work, compliance with laws, records, audit and grant compliance, payment obligations,
liquidated damages, no damages for delay, dispute resolution, assignment and change in control,
and any other obligations which would reasonably be expected to continue beyond completion of
the Work.
The survival of such provisions shall not be limited by final payment, issuance of a certificate of
completion, acceptance of the Work, or termination of this Agreement for any reason.
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21. MISCELLANEOUS PROVISIONS
21.1 Bankruptcy or Insolvency. The City may terminate this Agreement for cause upon written
notice if the Contractor becomes insolvent, files a petition in bankruptcy, makes an assignment for
the benefit of creditors, has a receiver or trustee appointed for all or a substantial portion of its
assets, or is unable to pay its debts as they become due.
The Contractor acknowledges that any such event materially impairs its ability to perform the
Work and that the City’s rights under this Section are in addition to, and not in limitation of, any
rights available to the City at law, in equity, or under the Contract Documents.
21.2 Continued Performance During Dispute. In the event of any dispute, claim, or controversy
arising out of or relating to this Agreement or the Work, the Contractor shall continue to diligently
perform the Work in accordance with the terms of this Agreement, unless otherwise directed in
writing by the City, pending final resolution of the dispute.
21.3 Ownership of Documents and Work Product. All drawings, plans, specifications, shop
drawings, submittals, test results, inspection reports, as-built drawings, operation and maintenance
manuals, schedules, photographs, and other documents or data prepared or furnished by the
Contractor or its subcontractors in connection with the Work shall be deemed work made for hire
and shall be the property of the City. Upon termination or completion of the Work, such documents
shall be promptly delivered to the City upon request, regardless of whether the Work is complete.
To the extent any such documents or materials are not deemed a work made for hire, the Contractor
hereby irrevocably assigns to the City all right, title, and interest therein.
21.4 Audit and Records; Withholding Payment. Without limiting the Contractor’s obligations
under Section 19 (Records, Audit, and Grant Compliance), the City may withhold final payment,
including retainage, until all required records, audit materials, close-out documentation,
certifications, and deliverables have been submitted, reviewed, and accepted by the City in
accordance with the Contract Documents and applicable law.
21.5 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the City and the
Contractor. No provision of this Agreement is intended to create or confer any rights or benefits
upon any third party, including subcontractors, suppliers, or members of the public.
21.6 Waiver of Jury Trial. To the fullest extent permitted by law, the City and the Contractor
knowingly, voluntarily, and intentionally waive any right either may have to a trial by jury in any
action or proceeding arising out of or relating to this Agreement or the Work.
21.7 Amendments. No modification, amendment, or alteration of this Agreement shall be valid
unless in writing and executed by the City and the Contractor with the same formality as this
Agreement.
21.8 Authority to Execute. Each individual executing this Agreement on behalf of a party
represents and warrants that he or she is duly authorized to execute this Agreement and bind the
respective party.
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21.9 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts,
each of which shall be deemed an original, and signatures transmitted electronically or by PDF
shall be deemed original signatures for all purposes.
21.10 Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action arising out of or relating to
this Agreement shall lie exclusively in Broward County, Florida.
21.11 No Waiver. The failure of the City at any time to require performance by the Contractor of
any provision of this Agreement shall not affect the City’s right to require such performance at any
later time. Any waiver by the City must be in writing and shall not be deemed a waiver of any
subsequent breach.
21.12 Entire Agreement. This Agreement, together with the Contract Documents, constitutes the
entire agreement between the parties and supersedes all prior negotiations, representations, or
agreements, whether written or oral.
21.13 Public Records.
The Contractor acknowledges that all documents, records, and materials made or received by the
Contractor in connection with this Agreement are public records subject to Chapter 119, Florida
Statutes, and shall comply with all applicable public records requirements.
21.14 Notices. All notices required or permitted under this Agreement shall be in writing and shall
be deemed given when delivered personally, sent by a nationally recognized overnight courier, or
sent by certified mail, return receipt requested, to the addresses stated herein or such other address
as a party may designate by written notice.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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CONTRACTOR:
WITNESSES: Southern Underground Industries, Inc.
a Florida corporation
SIGNATURE SIGNATURE
_________________________
PRINT Name PRINT Name
_________________________
SIGNATURE Title
_________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on ___________________2026 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
Lift Station 4 Mitigation
CITY INVITATION TO BID (“ITB”) NO. 25-025
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Tuesday, October 14, 2025
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Table of Contents
1. NOTICE TO BIDDERS
2. GENERAL TERMS & CONDITIONS
3. SPECIAL CONDITIONS
4. SCOPE OF WORK
5. BID FORM
6. BIDDER SUBMISSIONS
Attachments:
A - Grant Agreement- Lift Station 4
B - PAYMENT_BOND
C - PERFORMANCE_BOND
D - Dania_Beach_Lift_Station_4_Technical_Specifications_2024
E - Dania_Beach_Lift_Station_4_Plan_Set_2024
F - DRAFT Construction Agreement
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1. NOTICE TO BIDDERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Lift Station 4 Mitigation"
25-025
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Lift Station 4 Mitigation, 25-025”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Friday, November 14, 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.
This project will be partially funded by federal funds and, as such, Bidders must consider the compliance
requirements contained in the Federally Funded Subaward and Grant Agreement, Agreement Number
23FRP30, between the City of Dania Beach and the Florida Department of Environmental Protection (FDEP).
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/182699.
NON-MANDATORY PRE-BID CONFERENCE
A NON-MANDATORY Pre-bid conference will be held on Monday, October 27, 2025, at 3:00 pm at virtual
Microsoft Teams Link: https://teams.microsoft.com/meet/2229840713092?p=tvvByXPrR6F8fnb7TZ. 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/182699 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
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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 10% 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: Tuesday, October 14, 2025
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2. GENERAL TERMS & CONDITIONS
2.1 NO BIDS OR PROPOSALS
If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient
time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or
any other reason.
2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL
A. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or
unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own
proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to
investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or
proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any
alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the
solicitation may result in rejection of the bid or proposal.
B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be
disqualified from performing the Project Work, or from furnishing the requested services for which the
bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or
submitting proposals on any future bids or proposals for work, for goods, or for services for the City.
2.3 GENERAL CONDITIONS
A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an
agreement to perform the project work. 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,
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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.
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B. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work, as well as
all costs of packaging, transporting and delivery of any materials and equipment to the designated
location within the City, and the site cleanup.
C. The City may require the addition or deletion of services from the Contractor if the requirements and
needs of the City change, in City’s sole opinion. This may entail additional services and additional
locations. The Contractor shall provide the City with costs for these additional services and additional
locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in
initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as
described above. If the costs offered are not acceptable to the City, the City reserves the right to procure
the additional services from one or more other Contractors.
2.7 PROTECTION OF PROPERTY
A. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or
property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any
such damage or loss. The Contractor will be required to report any such damages immediately to the
City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area
in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor
have access to the area (safety screening) in which work is proceeding.
B. The City reserves the right to repair any damages created by the Contractor and to deduct the
appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is
final.
2.8 TRASH
Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon
completion of the Project Work.
2.9 INSTRUCTIONS TO BIDDERS
Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed
by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or
services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer,
use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state
statutes involving the sales tax and complying with all requirements.
2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents,
statistical records, and any other documents pertinent to the agreement for a period of three (3) years after
termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been
resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit
finding.
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2.11 NON-COLLUSION STATEMENT
By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous
understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal
is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed
by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is
incorporated into the solicitation by this reference.
2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
The technical specifications may include items that are considered minimum, mandatory, or required. If any
Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly
restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification
must be received by the City prior to the deadline contained in the solicitation, for questions of a material
nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received
prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or
Offeror.
2.13 PUBLIC RECORDS
A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in
confidence unless otherwise required by law.
B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined
in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a),
and the related provisions of the Florida Public Records Law. If awarded this project, the following will
apply:
1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including
but not limited to reports, surveys, and other data and documents provided or created in connection
with the contract are and shall remain the property of the City.
2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s
or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the
contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract, and following completion of the contract until the
records are transferred to the City.
3. Response to Public Records Requests: Upon request from the City custodian of public records,
Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to
be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
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4. Delivery of Records: Upon completion of the contract or in the event of termination by either party,
any and all public records relating to the contract in the possession of the Bidder or Offeror shall be
delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all
records are received as provided in this solicitation.
5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST
CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
2.14 SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal
representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of
it, without the advance written consent of the other.
2.15 QUALIFICATION OF BIDDERS OR OFFERORS
A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section,
along with any other evidence of satisfactory experience and ability to perform the proposed Work. The
failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude,
scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be
non-responsible.
B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current
financial resources, liabilities, capital equipment, and financial history performance.
C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be
rejected by the City for any one or more of the following reasons:
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1. Reason to believe that collusion exists among the Bidders or Offerors.
2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against
the Owner within the past ten (10) years.
3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or
association under the same or different names. All such parties shall be disqualified.
5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened.
Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt
documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal.
D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be
“non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one
or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of
the Owner may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid or Proposal, as determined by the Owner.
If the Bidder or Offeror makes one or more false statements or provides false information in connection
with any portion of the bidding documents.
If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a
similar magnitude, scope or value as this project.
E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a
Bid or Proposal may be rejected for any of, but not limited to, the following reasons:
1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to,
submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract
Documents.
2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract
Documents.
2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR
It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor
as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement
will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the
work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement.
Contractor and its employees are not entitled to any of the benefits that the City provides for City employees.
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2.17 EMPLOYEES OF THE CONTRACTOR
A. Contractors shall only designate employees who are sufficiently skilled to provide the required services
specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects
to obey the instructions of the City's representative in anything relating to these services, or who appears
to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be
immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or
threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its
employees or agents, or any member of the public shall be grounds for the City to terminate the
agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment
necessary to properly maintain all Project Work areas in an acceptable and safe condition.
B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited
by law, for all acts of their employees while in their employ.
2.18 AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of funds.
2.19 LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee
a Contractor will have to pay the City before or during the work, items or services to be provided or the
percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City
by virtue of the work, items, or services as part of the agreement are as follows:
A. Contractor shall have and maintain during the term of the agreement any and all appropriate City
licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the
City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION
OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF
APPLICABLE).
B. During the performance of the agreement, there may be times when the Contractor will be required to
obtain a permit for such work, or in connection with the items or services. It is the responsibility of the
Contractor to ensure that it has the appropriate permits as may become necessary during the
performance of the work. Any fees related to the required permits in connection with the agreement will
be the sole responsibility of the Contractor.
C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal
government.
D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination
System (NPDES).
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2.20 TERMINATION OF AGREEMENT
If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in
any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days
after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation
without any further notice to the Contractor. City representatives will review the construction services
periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the
Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies
are not corrected within five (5) working days, the City may, at its option, perform the required services or
contract to have them performed and deduct the cost of those services from the agreement cost.
2.21 TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the
agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written
notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part
or parts of the agreement for which there has been a default, and may hold the Contractor liable for any
damages caused to the City by reason of such default and termination. In the event of such default and
termination, any completed services performed by the Contractor under the agreement shall, at the option of the
City become the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the
City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City
may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of
damages due to the City from the Contractor can be determined. The City reserves the right to terminate the
agreement upon thirty (30) calendar days’ written notice, without cause.
2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest
extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents,
elected officials and employees from and against all claims, actions, liabilities, losses (including
economic losses), or costs arising out of any actual or alleged:
1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including
the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed
to have resulted in whole or in part from any actual or alleged act or omission of the Contractor,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable in the performance of the work;
2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the work;
3. liens, claims, actions made by the Contractor or other party performing the work; and
4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature
pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City.
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B. Indemnification for Construction Contracts. In the event that the performance of services under the
Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be
amended from time to time, the following indemnification shall apply:
1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the
Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns
from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the
Contractor and persons employed or utilized by the Contractor in the performance of the provisions
in the Contract Documents.
2.23 INSURANCE REQUIREMENTS
A. Insurance Required Before Commencement of Work: The Contractor shall not commence Work
under the Agreement until Contractor has obtained all insurance required under this Section, and not
until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall
not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until
the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by
the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy
deductibles and self-insured retentions.
B. Insurance Requirements: Coverages shall be in force until all Work required to be performed under
the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as
evidenced by the formal written acceptance by the City. In the event insurance certificates provided to
City indicate that the insurance shall terminate and lapse during the period of the Agreement, including
any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days
prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that
equal and like coverages for the balance of the period of the Agreement, including any extension of it,
and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE
AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY
DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-
EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING
CONTRACTOR DELAY.
C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or
Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies. The
City must approve any changes to these specifications and has the right to review and amend coverage
requirements.
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1. Workers’ Compensation / Employers’ Liability
▪ Commercial General Liability
a. Limits of Liability (Minimum)Bodily Injury & Property Damage Liability
▪ Each Occurrence $3,000,000
▪ Policy Aggregate $6,000,000
▪ Personal & Advertising Injury $3,000,000
▪ Products & Completed Operations $3,000,000
b. Endorsements Required – Include in body of COI and Description of Operations
▪ Annual Aggregate shall apply “Per Project/Job”
▪ Waiver of Subrogation in favor of the City
▪ Insurance shall apply on a primary and non-contributory basis
▪ “The City of Dania Beach, Florida” added as named “Additional Insured”
a. Limits of Liability (Minimum)
▪ Bodily Injury and Property Damage
▪ Combined Single Limit $3,000,000
▪ Any Auto/Owned Autos or Scheduled Autos
▪ Including Hired and Non- Owned Autos
▪ Any One Accident
b. Endorsements Required - Include in body of COI and Description of Operations
▪ City of Dania Beach included as an Additional Insured
c. Contractor’s Pollution Liability
▪ Waiver of Subrogation in favor of City
▪ $1,000,000 for bodily injury caused by an accident, each accident
▪ $1,000,000 for bodily injury caused by disease, each employee
▪ $1,000,000 for bodily injury caused by disease, policy limit
a. any employee, subcontractor or subcontractor employee that is exempted or purported to be
exempt from Workers’ Compensation insurance coverage; or
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b. any employee, subcontractor or subcontractor employees who will be covered by an employee
leasing arrangement.
c. 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.
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.
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.
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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.
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.
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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:
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
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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:
1. Oral communications at pre-bid or pre-proposal conferences;
2. Oral presentations before the Selection Committee;
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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
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
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secured and screened neatly and will not remain on right of way for more than a week. All
equipment must be stored in a designated staging area.
2. Site Restoration:
Contractor shall remove all excess material and shall clean up and restore the site to its original
condition or better. All damage, as a result of work under this Contract, done to existing structures,
pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences,
walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or
stabilized areas or driveways, and including all obstructions not specifically named in this provision,
shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a
timely manner as the work progresses. Site restoration work shall be completed on private property
within 30 days after being disturbed.
3. Access:
As applicable, Contractor shall provide one lane open to through-traffic for each section of
construction in each direction at all times unless a complete road closure is required. The Contractor
shall make every effort to provide access to driveways at the end of the working day. If a driveway is
not accessible, homeowners should have access to a neighboring swale area for temporary parking.
When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be
provided within one block of the furthest home affected. This condition is to be avoided whenever
possible and not last more than three (3) days. Vehicular access must be provided by the end of each
business working day. The parking area location shall be coordinated by the Contractor, with the
City's approval.” In the event that this option is approved by the City, the Contractor shall notify
affected residents at least 48 hours in advance.
B. Date of Commencement and Substantial Completion: The Date of Commencement is the date from
which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as
issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO
PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the
Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may
reimburse Contractor for actual costs incurred relating to performance and payment bonds and
insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as
provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of
the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without
providing an opportunity to cure.
The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar
days and Final Completion of the entire Work not later than one hundred eighty (180) calendar days,
each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to
adjustments of this Contract Time as provided in the Contract Documents.
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3. SPECIAL CONDITIONS
3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the
project’s Q&A in the portal by Friday, November 7, 2025 at 3:00 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 SPECIAL PROVISIONS
This project will be partially funded by federal funds and is subject to all federal and state requirements
contained in the grant agreement between the City of Dania Beach and the Florida Department of
Environmental Protection. As such, the following provisions apply:
MATERIALS AND SUPPLIES
All unmanufactured and manufactured articles, materials and supplies which are acquired for public use must
have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public
interest or unreasonable in cost. Contractor shall be required to make maximum use of recovered/recycled
materials per § 200.317, § 200.322.
EQUAL OPPORTUNITY EMPLOYMENT
During the performance of this contract, the contractor agrees as follows:
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A. The contractor will not discriminate against any employee or applicant for employment because of race,
color religion, sex, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, 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 setting forth the provisions of this nondiscrimination
clause.
B. The contractor will, in all solicitations or advertisements for employees places by or on behalf of the
contractor, stat that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex, or national origin.
C. The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers’ representatives of the contractor’s commitments under this section, 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 rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
F. In the vent of the contractor’s noncompliance with the nondiscrimination clauses of this project, or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction 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 as otherwise provided by law.
G. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order 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 subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency
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the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
COPELAND ANTI-KICKBACK ACT
A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
B. Subcontracts. This contractor or subcontractor shall insert in any subcontracts the clause above and such
other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provide in 29 C.F.R. § 5.12.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
Contractor 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),
and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
SUSPENSION AND DEBARMENT
A. This contract is a covered transaction for purposed of 2 C.F.R. pt. 180 and 2 C.F.R. pt 3000. As such the
contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995),
or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters
into.
C. This certification is a material representation of fact relied upon by the Division of Emergency
Management. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C
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and 2 C.F.R. pt 3000, subpart C, in addition to remedies available to the Division of Emergency
Management, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
D. The bidder or proposed agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment, 31 U.S. C. § 1352 (as amended). Contractors who apply or propose for an
award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or any
employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
recipient.
DAVIS-BACON ACT
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must 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 or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency.
BUILD AMERICA, BUY AMERICA ACT (BABA)
This agreement is for services related to a project that is subject to the Build America, Buy America Act
(BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.
Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this
project must be produced in the United States, as further outlined by the Office of Management and Budget’s
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Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure, April 18,2022. Instructions to Bidders Any request for
substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America,
Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act
(“IIJA”), Pub. L. 177-58.
CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
Prime contractors, if subcontracts are to be let, shall take the following affirmative steps:
A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
B. Assuring that small and minority businesses and women’s business enterprises are solicited whenever
they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses and women’s business enterprises;
D. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses and women’s business enterprises; and
Using the services and assistance, as appropriate, of such organizations a the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce.
3.3 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 10% 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.
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.
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3.4 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.
3.5 QUALIFICATION OF BIDDERS
A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any
other evidence of satisfactory experience and ability to perform the proposed Work. The failure of
Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this
project may be deemed to be grounds for declaring the Bidder to be non-responsible.
B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial
statement, prepared within thirty (30) days of submission of the bid, indicating current financial
resources, liabilities, capital equipment, and financial history performance.
C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for
any one or more of the following reasons:
1. Reason to believe that collusion exists among the Bidders.
2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner
within the past ten (10) years.
3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or
is in arrears on an existing contract.
4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association
under the same or different names. All such parties shall be disqualified.
5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for
the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s
office shall determine the timeliness of the Bid.
D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids
are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner
may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid, as determined by the Owner.
If the Bidder makes one or more false statements or provides false information in connection with any
portion of the bidding documents.
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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.
3.6 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.
3.7 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.
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Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally
completed as specified and accepted by the City.
The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from
loss on account of:
A. Defective work not remedied.
B. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the
Contractor.
C. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor.
D. Damage to another Contractor not remedied.
E. Liability for liquidated damages that has been incurred by the Contractor.
F. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum.
G. Reasonable evidence that the work will not be completed within the Contract Time.
H. Persistent failure to carry out the work in accordance with the Contract Documents.
When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety
satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or
in part.
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4. SCOPE OF WORK
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 “Lift Station 4 Mitigation”. The chosen
Contractor will be responsible for tasks at the lift station associated with this project positioned at 1151
SE 5th Avenue, Dania Beach, FL, with coordinates Latitude 26.037480 and Longitude -80.134690.
The selected Contractor shall provide all necessary supervised labor, equipment, materials, and
incidentals to perform the complete removal, modification, rehabilitation, and installation of new
mechanical and electrical systems as indicated in the project documents. Work Includes, but is Not
Limited To:
o Demolition and Removal:
▪ Demolition of the existing submersible lift station and associated components.
▪ Removal, salvage, abandonment, or dismantling of existing piping and equipment.
▪ Cleaning and return of all submersible pumps, control panels, and generator systems to the City.
o New Installations:
▪ Construction and installation of a new submersible lift station, including a valve vault.
▪ Installation of a macerator assembly and flow meter vault.
▪ Installation of new force mains and gravity sewer lines (ductile iron and PVC).
▪ Installation of new 1-inch HDPE water service with RPZ and hose bib.
▪ Installation of a new control panel system, electrical service, and emergency generator system.
o Site Improvements:
▪ Roadway and right-of-way restoration.
▪ Site improvements including fencing, landscaping, and full site restoration.
▪ Traffic maintenance and erosion control measures during construction.
o Project Requirements:
▪ Full compliance with project drawings, technical specifications, and permitting requirements.
▪ Coordination with the Owner, Engineer, FPL, and other relevant agencies throughout the project
duration.
▪ Adherence to the Department of Enviornmental Protection (DEP) Grant Program (Agreement
No.23FRP30) requirements as the project is federally funded.
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B. All work shall be executed per applicable codes, safety regulations, and City/State requirements,
ensuring high-quality construction, functionality, and durability of the upgraded lift station.
C. 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.
D. 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.
E. 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.
F. 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.
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.
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9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the
requested services specified in the ITB, taking into consideration experience, staffing, equipment,
materials, references and past performance. The City reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City. In case of
disputes in the award of the agreement, the decision of the City shall be final and binding on both
parties.
10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may
be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which
offered the next lowest, responsive and responsible bid in the opinion of the City. THE
CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON
THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH
PARTIES.
4.2 Important Instructions for Electronic Submittals
The City of Dania Beach is accepting electronic bid submissions. Bidders shall create a FREE account with
OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed
account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit
the electronic bid.
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5. BID FORM
Line Item Description Quantity Unit of
Measure
Unit Cost Total
General Conditions
1 General requirements (bonds,
insurance, etc.)
1 EA
2 Mobilization/demobilization 1 EA
3 Stormwater pollution prevention plan 1 EA
4 Maintenance of traffic 1 EA
Sanitary Sewer
5 Bypass pumping 1 EA
6 Removal and salvage/disposal of
existing lift station equipment and
materials
1 EA
7 Demolition of existing submersible lift
station
1 EA
8 Install submersible lift station with
valve vault
1 EA
9 Install macerator assembly 1 EA
10 Install flow meter vault assembly 1 EA
11 Install 6", DIP force main with
fittings, open cut
10 LF
12 Install 8", DIP force main with
fittings, open cut
10 LF
13 Install 8" plug valves 1 EA
14 Install force main air release valve
assembly
1 EA
15 Install 8", PVC Gravity Sewer 10 LF
16 Install 12", PVC Gravity Sewer 10 LF
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 Install 1-inch HDPE Water Service
with RPZ and Hose Bib
1 EA
18 Install/modify electrical service 1 EA
19 Install control panel system and
electrical lift station components
1 EA
20 Install emergency generator system 1 EA
21 Lift station white vinyl fence with
chain link gate
110 LF
22 Landscape improvements 1 EA
23 Lift station site restoration 1 EA
TOTAL
Line Item Description Quantity Unit of
Measure
Unit Cost Total
Miscellaneous
24 Permitting and FPL Allowance 1 LS $25,000.00
TOTAL
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6. BIDDER SUBMISSIONS
1 BIDDER QUALIFICATIONS
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania
Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the
successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the
required services in a timely and satisfactory manner as will be required by the subject contract. If there are any
terms or conditions that are in conflict, the most stringent requirement shall apply.
1.1 Authorized representative contact information?*
Please include the name, title, phone and email of the authorized representative
*Response required
1.2 Entity type?*
☐ Corporation
☐ Partnership
☐ Individual
☐ Other (specify below)
*Response required
1.3 If you selected other please specify:
1.4 If you selected corporation please enter date of incorporation and state in which incorporated:
1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office
of the Florida Secretary of State
☐ Please confirm
1.6 Please include the name and title of Principal Officers and the date they were elected:*
*Response required
1.7 How many years has your organization been in business?*
Enter years
*Response required
1.8 The length of time (continuous) in business in Florida:*
Enter years
*Response required
1.9 Please upload a copy of a county or municipal Business Tax Receipt*
*Response required
1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the
role of each person within the company*
*Response required
1.11 Have you ever failed to complete any work awarded to you?*
☐ Yes
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☐ No
*Response required
When equals "Yes"
1.11.1 If yes, please explain below*
*Response required
1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of
another organization that failed to complete an Agreement?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.12.1 If yes, please explain below*
*Response required
1.13 Within the last five years, have you ever had a performance, payment or bid bond called?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.13.1 If yes, please explain below*
*Response required
1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or
arbitration against the City?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.14.1 If yes, please explain below*
*Response required
1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any other
Florida public entity?*
☐ Yes
☐ No
*Response required
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When equals "Yes"
1.15.1 If yes, please explain below*
*Response required
1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any private
entity for an amount greater than $100,000?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.16.1 If yes, please explain below*
*Response required
1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.17.1 If yes, please explain below*
*Response required
1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been convicted or fined for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.18.1 If yes, please explain below*
*Response required
1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been
investigated by any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office?*
☐ Yes
☐ No
*Response required
When equals "Yes"
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1.19.1 If yes, please explain below*
*Response required
1.20 Within the last five years, have you, any officer or partner of your organization, or the organization
communicated with any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office relating to goods or services provided or performed for any governmental
entity?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.20.1 If yes, please explain below*
*Response required
1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of
your organization, or the organization issued by any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office.*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.21.1 If yes, please explain below*
*Response required
1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed
to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or
potential or apparent conflicts of interest?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.22.1 If yes, please explain below*
*Response required
2 Commercial/Government References
Provide a list of at least five commercial or government references that the successful Bidder has supplied
service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5)
years
2.1 Reference 1*
Please include:
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Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.2 Reference 2*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.3 Reference 3*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.4 Reference 4*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
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2.5 Reference 5*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
3 BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
3.1 List below all pertinent information and data that would indicate the ability of your organization and
management personnel to perform satisfactorily.*
*Response required
3.2 Have you personally completed a plan for performance of the work?*
*Response required
3.3 Have you ever failed to complete work awarded to you?*
☐ Yes
☐ No
*Response required
When equals "Yes"
3.3.1 If so, when, where and why?*
*Response required
3.4 What equipment do you own that is available for work?
3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties
or elsewhere by any other governmental entity?*
*Response required
3.6 How many employees (Contractors only) will be assigned to perform the services?*
*Response required
3.7 How many supervisors will be assigned to perform the services?*
*Response required
3.8 Will personnel be part of a regular crew assigned to perform the services? *
☐ Yes
☐ No
*Response required
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3.9 Will you be able to provide service for emergency situations? *
☐ Yes
☐ No
*Response required
When equals "Yes"
3.9.1 If so, how much notice is required?*
*Response required
3.10 What equipment do you own that is available to complete the Project?*
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS
INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
*Response required
3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have.
4 REQUIRED FORMS
4.1 Will you be utilizing Surety2000 Bid Bond verification?*
Select no if uploading your bid bond
☐ Yes
☐ No
*Response required
When equals "Yes"
4.1.1. Surety2000 Bid Bond*
Please enter your Bid Bond information from Surety2000 below.
*Response required
When equals "No"
4.1.2 Bid Security*
Please download the below documents, complete, and upload.
• BID_BOND.pdf
*Response required
4.2 DRUG-FREE WORKPLACE CERTIFICATION*
Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by
the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received
from a business that certifies that it has implemented a drug-free workplace program shall be given preference
in the award process. In order to have a drug-free workplace program, a business shall:
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A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
C. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in number (1).
D. In the statement specified in number (1), notify the employees that as a condition for working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction on or plea of guilty or no contest to any
violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any
singular state, for a violation occurring in the workplace no later than five (5) days after such conviction.
E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community by any employee who is so convicted.
F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
Section 287.087, Florida Statutes.
By confirming I certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above.
☐ Please confirm
*Response required
4.3 Affidavit of Compliance with Anti-Human Trafficking Laws*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Affidavit_of_Compliance_wit...
*Response required
4.4 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes*
Please download the below documents, complete, and upload.
• City_of_Dania_Beach_Florida...
*Response required
4.5 Non-Collusion Affidavit*
Please download the below documents, complete, and upload.
• Non_Collusion_Affidavit.pdf
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*Response required
4.6 Independence Affidavit*
Please download the below documents, complete, and upload.
• Independence_Affidavit.pdf
*Response required
4.7 Florida Trench Safety *
Please download the below documents, complete, and upload.
• Florida_Trench_Safety_Act.pdf
*Response required
Line Item Description Quantity Unit of
Measure
Unit Cost Total
General
Conditions
1 General requirements (bonds, insurance, etc.) 1 EA $283,645.15 $283,645.15
2 Mobilization/demobilization 1 EA $28,611.40 $28,611.40
3 Stormwater pollution prevention plan 1 EA $9,762.55 $9,762.55
4 Maintenance of traffic 1 EA $23,464.31 $23,464.31
Sanitary
Sewer
5 Bypass pumping 1 EA $77,421.37 $77,421.37
6 Removal and salvage/disposal of existing lift
station equipment and materials
1 EA $44,600.41 $44,600.41
7 Demolition of existing submersible lift station 1 EA $296,000.00 $296,000.00
8 Install submersible lift station with valve vault 1 EA $610,000.00 $610,000.00
9 Install macerator assembly 1 EA $101,541.92 $101,541.92
10 Install flow meter vault assembly 1 EA $48,015.29 $48,015.29
11 Install 6", DIP force main with fittings, open cut 10 LF $2,573.40 $25,734.00
12 Install 8", DIP force main with fittings, open cut 10 LF $3,050.71 $30,507.10
13 Install 8" plug valves 1 EA $19,547.99 $19,547.99
14 Install force main air release valve assembly 1 EA $11,646.67 $11,646.67
15 Install 8", PVC Gravity Sewer 10 LF $6,036.22 $60,362.20
16 Install 12", PVC Gravity Sewer 10 LF $6,363.73 $63,637.30
17 Install 1-inch HDPE Water Service with RPZ and
Hose Bib
1 EA $11,005.91 $11,005.91
Line Item Description Quantity Unit of
Measure
Unit Cost Total
19 Install control panel system and electrical lift
station components
1 EA $168,348.11 $168,348.11
20 Install emergency generator system 1 EA $333,891.83 $333,891.83
21 Lift station white vinyl fence with chain link gate 110 LF $345.36 $37,989.60
22 Landscape improvements 1 EA $29,818.81 $29,818.81
23 Lift station site restoration 1 EA $58,136.04 $58,136.04 Total $2,583,687.96