HomeMy WebLinkAboutR-2026-044 Agreement with Razorback for WTP Chemical Feed System (ITB 25-027)RESOLUTION NO. 2026-044
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT WITH RAZORBACK LLC RELATING TO CITY INVITATION
TO BID NO. 25-027, FOR THE WATER TREATMENT PLANT CHEMICAL
FEED REHABILITATION; A SEPARATE AGREEMENT FOR THREE YEARS
OF MAINTENANCE SERVICES; AND TO EXCEED THE $50,000.00 (FIFTY
THOUSAND DOLLAR) SINGLE VENDOR ANNUAL THRESHOLD FOR THE
DURATION OF THE CONTRACT PERIOD; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach authorized the rehabilitation
of the Chemical Feed System, located at 1201 Stirling Road, including the demolition of the
existing system and installation of all new, updated equipment including all pumps, piping,
cabinets to hold the equipment, electrical components and backup material.; and
WHEREAS, pursuant to Resolution No. 2026-034, ITB No. 25-027 “Chemical Feed
System Rehabilitation” was awarded to Razorback LLC on March 10, 2026; and
WHEREAS, the required contract and maintenance agreement specifying the services’
scope have been prepared and reviewed and agreed upon by both parties and is incorporated by this
reference as composite Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute an
agreement for construction and a three (3) year maintenance agreement, attached as composite
Exhibit “A”, with Razorback LLC for the Chemical Feed System Rehabilitation Project, in a
combined amount not to exceed $1,979,307.00.
Section 3. That the City Manager and City Attorney are authorized to make revisions
to such Amendment as are deemed necessary and proper and in the best interests of the City.
Section 4. That funding for this project shall be appropriated from the water utilities
Account No. 401-33-03-533-63-10 as determined by the City’s Finance Department. Funding will
be reallocated within the water utilities Account No. 401-33-03-533-63-10 from both the Water
Plant Project funds and the High Service Pumps and Filter Replacement. $600,000.00 from the
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Water Plant Project Funding, and $1,527,000.00 from the High Service Pumps and Filter
Replacement. This reallocation will reduce funding from the High Service Pumps and Filter
Replacement project.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on April 14, 2026.
Motion by Commissioner Lewellen, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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CONSTRUCTION AGREEMENT
WATER TREATMENT PLANT CHEMICAL FEED SYSTEM
REHABILITATION PROJECT
INVITATION TO BID (ITB) NO. 25-027
This Agreement (“Agreement”) is made and entered into this ___ day of __________, 2026, by
and between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), whose
address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Razorback LLC,
a Florida limited liability company (“Contractor”), whose address is 177 Anclote Road, Tarpon
Springs, Florida 34689.
1. RECITALS
WHEREAS, the City issued Invitation to Bid No. 25-027 for the Water Treatment Plant Chemical
Feed System Rehabilitation Project;
WHEREAS, the Project includes demolition of existing chemical feed equipment and installation
of new pumps, tanks, piping, electrical components, control systems, and related equipment at the
City’s Water Treatment Plant located at 1201 Stirling Road, Dania Beach, Florida.
WHEREAS, the Contractor submitted a bid in response to the ITB and was determined to be the
lowest responsive and responsible bidder;
WHEREAS, the City Commission adopted a Resolution awarding ITB No. 25-027 to Contractor
in an amount not to exceed $1,979,307.00 including contingency;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree
as follows:
2. CONTRACT DOCUMENTS
2.1 Contract Documents
The Contract Documents consist of the following documents, which are incorporated herein by
reference as if fully set forth:
1. This Agreement;
2. The Resolution of the City Commission awarding Invitation to Bid No. 25-027;
3. Invitation to Bid No. 25-027, including all addenda, attachments, and specifications;
4. The project plans, drawings, and technical specifications prepared for the Project;
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5. The Contractor’s bid pricing schedule and bid form (for purposes of establishing the
Contract Price only);
6. Written Change Orders executed by the City; and
7. Any other documents expressly incorporated by reference in the foregoing documents.
2.2 Order of Precedence
In the event of any conflict, inconsistency, ambiguity, or discrepancy among the Contract
Documents, the following order of precedence shall apply:
1. Approved Change Orders;
2. This Agreement;
3. The City Commission Award Resolution;
4. Invitation to Bid No. 25-027 and all addenda;
5. Plans, drawings, and technical specifications; and
6. Contractor’s bid.
2.3 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, reduce, or otherwise alter the scope of the Work or the Contractor’s obligations under the
Contract Documents.
2.4 Most Stringent Requirement Governs
The Contract Documents are intended to be complementary and shall be construed to require a
complete and fully functional project. In the event of a direct conflict that cannot be reasonably
reconciled, the order of precedence set forth in Section 2.2 shall govern. However, where
multiple requirements can reasonably be read together or performed without conflict, the
Contractor shall comply with the requirement that is more stringent, more comprehensive, or
more protective of the City, as reasonably determined by the City. Nothing in this Section shall
be construed to reduce the Contractor’s obligation to deliver a complete, operational, and code-
compliant system in accordance with the Contract Documents. In the event there is a material
change to the Contract Documents following the City’s determination, the Parties shall execute a
Change Order prior to the Contractor proceeding with such Work.
2.5 No Change Order by Conflict
If the Contractor identifies any errors, omissions, ambiguities, or discrepancies in the Contract
Documents, the Contractor shall promptly notify the City in writing.
The City shall issue written clarification. If such clarification results in a change to the Work that
affects the Contract Price or Contract Time, the adjustment shall be addressed through a Change
Order mutually executed by the Parties.
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2.6 Contractor Duty to Review Contract Documents
The Contractor represents that it has carefully examined and reviewed all Contract Documents and
the project site and has satisfied itself as to the nature and location of the Work, the character,
quality, and quantity of materials and labor required, and all conditions that may affect the Work
or its cost. The Contractor shall promptly notify the City in writing of any discovered errors,
omissions, or inconsistencies in the Contract Documents prior to performing the affected Work.
3. SCOPE OF WORK
3.1 General Scope
The Contractor shall furnish all labor, materials, equipment, tools, supervision, coordination,
testing, start-up services, documentation, permits, and incidentals necessary to fully construct,
install, test, and place into operation the Water Treatment Plant Chemical Feed System
Rehabilitation Project located at the City’s Water Treatment Plant at 1201 Stirling Road, Dania
Beach, Florida.
The Work shall be performed in strict accordance with Invitation to Bid No. 25-027, all addenda,
the project plans, technical specifications, and the Contract Documents.
3.2 Work Included
The Work includes, without limitation, the demolition of the existing chemical feed systems and
the furnishing and installation of new chemical feed equipment and associated infrastructure
including, but not limited to:
• sulfuric acid pump systems, piping, and storage equipment
• chemical feed pumps and storage tanks
• hypochlorite pump replacement
• filter control box replacement
• instrumentation and control system integration with the PLC
• associated piping, electrical components, cabinets, and controls
as reflected in the Contractor’s bid schedule and the project specifications.
3.3 Complete System Requirement
The Contractor shall deliver a fully functional, operational, and code-compliant chemical feed
system suitable for its intended purpose.
The Work shall include all items, labor, materials, and services necessary to produce a complete
and operational system.
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3.4 Inferable and Incidental Work
The Contractor acknowledges that minor details not specifically shown in the Contract Documents
may be required to complete the Work.
However, the Contractor shall not be required to perform additional Work that materially increases
the scope, cost, or duration of the Project unless authorized by a written Change Order that has
been mutually agreed to and executed by the Parties.
3.5 Site Investigation
The Contractor represents that it has:
• examined the project site,
• reviewed all Contract Documents,
• become familiar with all conditions affecting the Work, and
• accounted for those conditions, as reasonably possible, in the Contract Price.
No claim for additional compensation or time shall be permitted based upon conditions that
could reasonably have been discovered through a reasonable site investigation.
3.6 Responsibility for Coordination
The Contractor shall coordinate all aspects of the Work including subcontractors, equipment
suppliers, permitting authorities, inspections, and system start-up to ensure successful
completion of the Project.
4. CONTRACT PRICE
4.1 Contract Price
The total compensation payable by the City to the Contractor for full, complete, and satisfactory
performance of the Work described in the Contract Documents shall not exceed One Million Eight
Hundred Seventeen Thousand Three Hundred Seven Dollars ($1,817,307.00) (the “Contract
Price”), inclusive of the contingency amount authorized by the City Commission.
The Contract Price represents the entire compensation due to the Contractor for all labor, materials,
equipment, tools, supervision, services, permits, testing, transportation, overhead, profit, and all
other costs necessary to complete the Work in accordance with the Contract Documents.
The Parties acknowledge the Work, and subsequently the Contract Price, expressly exclude
continued maintenance of the Work following Final Completion, which shall instead be
determined by a separate “Maintenance Contract” to be executed by the Parties in connection with
this Agreement.
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4.2 Lump Sum Nature of Contract
Except as expressly modified by a written Change Order executed by the City, the Contract Price
shall remain firm and fixed for the duration of the Agreement. The Contractor assumes the risk of
all costs associated with performing the Work and shall not be entitled to additional compensation
based upon:
a. errors, omissions, or assumptions in the Contractor’s bid
b. increases in labor, material, equipment, or supply costs
c. failure to properly estimate the Work
d. conditions that were reasonably discoverable during site inspection
e. work reasonably inferable from the Contract Documents
f. coordination with subcontractors, suppliers, or utilities
4.3 Contingency
The Contract Price includes a contingency amount established by the City for the purpose of
addressing unforeseen conditions or additional work determined necessary by the City.
4.4 Full Compensation
The Contractor acknowledges and agrees that the Contract Price constitutes full compensation
for all Work required to deliver a complete and operational project in accordance with the
Contract Documents.
The Contractor shall not be entitled to any additional payment for Work unless such payment is
authorized through a written Change Order executed by the City.
4.5 No Payment Without Compliance
Payment by the City shall be conditioned upon the Contractor’s compliance with the Contract
Documents and submission of all documentation required by the City.
No payment by the City shall constitute:
a. acceptance of defective work
b. waiver of any rights of the City
c. approval of nonconforming work
4.6 Funding Limitation
The City’s obligation to pay under this Agreement shall not exceed the Contract Price authorized
by the City Commission. The Contractor acknowledges that no additional compensation shall be
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5. TERM AND TIME OF PERFORMANCE
5.1 Term of Agreement
This Agreement shall become effective upon execution by both parties and shall remain in effect
until the Work has been fully completed and accepted by the City, which shall not be unreasonably
withheld, provided the Work has been completed in accordance with the Contract Documents,
unless earlier terminated in accordance with this Agreement.
5.2 Notice to Proceed
The Contractor shall not commence Work until receipt of a written Notice to Proceed issued by
the City. The Contractor shall begin the Work promptly upon issuance of the Notice to Proceed
and shall thereafter diligently prosecute the Work to completion.
5.3 Contract Time
The Contractor shall achieve Substantial Completion and Final Completion of the Work within
the time period specified in the Contract Documents, subject only to adjustments approved by the
City through a written Change Order.
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 execution of this
Agreement.
5.4 Project Schedule
Within ten (10) days after issuance of the Notice to Proceed, the Contractor shall submit a detailed
project schedule acceptable to the City showing the sequence and duration of all major activities
required to complete the Work. The City shall review the project schedule and may approve or
reject it, in whole or in part, or request revisions as the City deems necessary. The Contractor shall
revise and resubmit the project schedule as required by the City.
The Contractor shall update the project schedule monthly, or more frequently if requested by the
City, to reflect actual progress and remaining work.
Failure to maintain an acceptable schedule shall constitute a material breach of this Agreement.
5.5 Recovery Schedule
If at any time the Contractor falls behind the approved project schedule, the Contractor shall, upon
written request of the City, prepare and implement a recovery schedule demonstrating how the
Contractor will restore the Project to the required completion date.
The Contractor shall implement such recovery measures at no additional cost to the City to the
City to the extent the delay is caused, in whole or in part, by the Contractor, its subcontractors,
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suppliers, or any party for whom the Contractor is responsible..In the event the Contractor falls
behind the approved project schedule due to delays cause by the City, its agents, employees, or
consultants, or due to circumstances beyond the Contractor’s reasonable control, the Contractor
shall not be responsible for such recovery measures or additional costs provided such delay is
documented and approved through a written Change Order executed by the Parties, prior to such
recovery measures taking place.
5.6 Excusable Delay
Extensions of time may be granted only for delays that are:
a. beyond the control of the Contractor;
b. not reasonably foreseeable; and
c. not caused in whole or in part by the Contractor, its subcontractors, suppliers, or agents.
Any extension of time must be approved by the City through a written Change Order.
5.7 Non-Excusable Delay
Delays caused by the following shall not constitute excusable delay and shall not entitle the
Contractor to additional compensation or time:
a. labor shortages
b. subcontractor performance issues
c. material procurement delays
d. equipment availability
e. weather conditions typical for the project location
f. coordination with utilities or suppliers
g. failure to properly plan or schedule the Work.
5.8 No Damages for Delay
The Contractor agrees that any extension of time granted by the City for delay shall constitute
the Contractor’s sole and exclusive remedy for delay, disruption, or interference with the Work,
except as expressly provided below.
If the Contractor is delayed in the performance of the Work due solely to the acts or omissions of
the City, its agents, employees, or consultants, or due to changes in the Work ordered by the
City, the Contractor may be entitled to an equitable adjustment to the Contract Time and
Contract Price, provided that:
a. the delay is not caused in whole by the Contractor, its subcontractors, suppliers, or agents;
b. the Contractor has provided timely written notice of the delay in accordance with this
Agreement; and
c. any adjustment to the Contract Time or Contract Price is expressly authorized by a written
Change Order executed by the City.
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In no event shall the Contractor be entitled to compensation for delay, disruption, or interference
except as expressly provided in a written Change Order executed by the Parties.
5.9 Notice of Delay
The Contractor shall provide written notice to the City within seven (7) days after the occurrence
of any event that the Contractor believes may cause delay to the Project.
Failure to provide timely written notice shall constitute a waiver of any claim for extension of
time.
6. LIQUIDATED DAMAGES AND COMPLETION
6.1 Substantial Completion
The Contractor shall achieve Substantial Completion of the Work within the Contract Time
established in the Contract Documents. Substantial Completion shall mean the stage at which the
Work is sufficiently complete in accordance with the Contract Documents so that the Project can
be safely and effectively utilized for its intended purpose as determined by the City.
6.2 Final Completion
Final Completion shall occur when all Work has been completed in accordance with the Contract
Documents, all punch list items have been corrected, all inspections have been passed, all
documentation has been delivered to the City, and the City has issued written final acceptance of
the Work.
6.3 Liquidated Damages
The Contractor acknowledges that the City may suffer damages if the Work is not completed
within the Contract Time. The parties further acknowledge that the actual amount of such damages
would be difficult to determine with certainty.
Accordingly, if the Contractor fails to achieve Substantial Completion within the Contract Time,
the Contractor shall pay the City liquidated damages in the amount of Five Hundred Dollars
($500.00) for each calendar day that Substantial Completion is delayed.
If the Contractor fails to achieve Final Completion within the time required by the Contract
Documents after Substantial Completion has been achieved, the Contractor shall pay liquidated
damages in the amount of Five Hundred Dollars ($500.00) for each calendar day that Final
Completion is delayed.
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6.4 Nature of Liquidated Damages
The parties agree that the liquidated damages amounts set forth herein represent a reasonable
estimate of the damages that the City will incur as a result of delay and are not intended as a
penalty. Liquidated damages shall apply only to delays that are attributable to the Contractor and
shall not apply to delays caused by the City, other contractors, force majeure events, or other
excusable delays permitted under the Contract Documents.
To the extent such failure or delay is caused by the City, third parties not under the Contractor’s
control, or circumstances beyond the Contractor’s reasonable control, Contractor shall not be
responsible for such costs, provided Contractor has otherwise complied with its obligations under
this Agreement.
In the event of concurrent causes, responsibility shall be allocated on a proportionate basis
consistent with the relative fault of the parties.
The assessment of liquidated damages shall not prevent the City from exercising any other rights
or remedies available under this Agreement or at law.
6.5 Assessment and Deduction
Liquidated damages may be assessed by the City without the necessity of proving actual damages.
The City may deduct liquidated damages from any amounts due or that may become due to the
Contractor, including progress payments, retainage, or amounts recoverable under the Contractor’s
performance bond.
6.6 City Right to Complete Work
If the Contractor fails to achieve Substantial Completion within the Contract Time, or Final
Completion, the City reserves the right, in addition to assessing liquidated damages, to take any
actions necessary to complete the Work. All costs incurred by the City in completing the Work
shall be recoverable from the Contractor and its surety.
6.7 No Waiver
Failure by the City to immediately assess or collect liquidated damages shall not constitute a
waiver of the City’s right to assess liquidated damages at a later time prior to the completion of
the Work.
6.8 Concurrent Remedies
The assessment of liquidated damages shall be in addition to, and not in lieu of, any other
remedies available to the City under this Agreement or applicable law.
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6.9 Contractor Responsibility for Acceleration
If the Contractor determines that it will not meet the required completion date, and such delay is
solely attributed to the Contractor, the Contractor shall take all necessary actions, including
additional labor, shifts, or resources, to accelerate the Work and restore the Project schedule at no
additional cost to the City.
7. PAYMENT PROCEDURES
7.1 Lump Sum Contract
The Contract Price is a lump sum amount for the complete performance of the Work described in
the Contract Documents. Payments shall be made based upon the percentage of Work completed
as approved by the City.
7.2 Schedule of Values
Within ten (10) days after issuance of the Notice to Proceed, the Contractor shall submit to the
City for approval a detailed Schedule of Values allocating the Contract Price among the various
portions of the Work.
The Schedule of Values shall be in a form acceptable to the City and shall serve as the basis for
reviewing Applications for Payment. No Application for Payment shall be processed until the
Schedule of Values has been approved by the City.
7.3 Applications for Payment
The Contractor may submit Applications for Payment no more frequently than once per month for
Work performed during the preceding billing period.
Each Application for Payment shall include documentation satisfactory to the City, including but
not limited to:
a. a completed Application for Payment form approved by the City;
b. a detailed breakdown of Work completed based upon the approved Schedule of Values;
c. supporting documentation demonstrating the percentage of Work completed;
d. partial releases of lien from the Contractor and all subcontractors and suppliers for Work
previously paid;
e. an affidavit that all subcontractors and suppliers have been paid for prior payments received;
f. an updated construction schedule reflecting current project progress; and
g. inspection reports or other documentation reasonably required by the City.
The City may require additional documentation as a condition of payment.
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7.4 Review of Applications for Payment
All Applications for Payment shall be subject to review and approval by the City and any
consultant or engineer designated by the City.
The City 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, or otherwise not in
compliance with the Contract Documents.
7.5 Retainage
Retainage shall be withheld from progress payments in accordance with Section 255.078, Florida
Statutes. The City may withhold five percent (5%) of each approved progress payment.
The City may retain a portion of the retainage after Substantial Completion as necessary to ensure
completion of remaining work, correction of defective work, resolution of claims, and satisfaction
of all close-out requirements.
Final retainage shall not be released until Final Completion of the Work and acceptance by the
City.
7.6 Withholding of Payment
The City may withhold payment, in whole or in part, if the City determines that any of the
following conditions exist:
a. defective or nonconforming Work;
b. incomplete Work;
c. failure to maintain the project schedule, due in whole to the fault of the Contractor;
d. failure to maintain required insurance or bonds;
e. failure to submit required documentation;
f. failure to pay subcontractors or suppliers;
g. claims, liens, or disputes related to the Work;
h. failure to comply with safety requirements or applicable laws; or
i. any other breach of the Contract Documents.
The City may continue to withhold payment until such conditions have been corrected to the
City’s satisfaction.
7.7 Payment Does Not Constitute Acceptance
No progress payment, partial payment, or release of retainage shall constitute acceptance of the
Work or waiver of any defects in the Work.
The City reserves the right to reject any portion of the Work that does not comply with the
Contract Documents, even if such Work has previously been included in a payment request.
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7.8 Payment of Subcontractors
The Contractor shall promptly pay subcontractors and suppliers for Work performed under this
Agreement.
The City may require evidence of such payments, including sworn statements and lien releases,
prior to processing subsequent Applications for Payment.
Failure to pay subcontractors or suppliers shall constitute grounds for withholding payment or
terminating this Agreement.
7.9 Final Payment
Final payment shall not be made until the Contractor has satisfied all of the following
requirements:
a. completion of all Work in accordance with the Contract Documents;
b. correction of all punch list items;
c. delivery of all warranties, manuals, and required documentation;
d. submission of final releases of lien from the Contractor and all subcontractors and suppliers;
e. submission of as-built drawings if required; and
f. final inspection and written acceptance by the City.
8. CHANGES IN THE WORK AND CHANGE ORDERS
8.1 City Authority to Order Changes
The City reserves the right to order changes in the Work, including additions, deletions, or
modifications to the Work, when such changes are determined by the City to be in the best interest
of the Project. The Contractor acknowledges that changes ordered by the City within the general
scope of the Project shall not constitute a cardinal change and shall be performed in accordance
with the change order procedures set forth in this Agreement.
Changes in the Work shall be authorized only by a written Change Order mutually executed by
the Parties prior to any change taking effect.
8.2 Written Change Order Required
The Contractor shall not perform any additional work or extra work unless authorized by a
written Change Order mutually executed by the Parties.
No verbal direction, field instruction, interpretation, approval of shop drawings, response to
requests for information or action by the City’s representatives shall constitute authorization for
additional compensation or time.
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Any work performed without a written Change Order shall be deemed included in the Contract
Price and performed at the Contractor’s sole risk.
8.3 No Constructive Change
The Contractor acknowledges that no action, inaction, interpretation, response to requests for
information, review of shop drawings, observation of the Work, approval of submittals, or field
direction by the City, the Engineer, or any City representative shall constitute a change to the Work
or authorize any adjustment to the Contract Price or Contract Time unless such change is expressly
set forth in a written Change Order executed by the Parties.
The Contractor expressly waives any claim for additional compensation or time based upon an
alleged constructive change, implied change, or change arising from the conduct of the City or its
representatives, unless such claim is evidenced by a written Change Order executed by the City.
8.4 Change Order Pricing
When a Change Order results in an adjustment to the Contract Price, the adjustment shall be
determined by one or more of the following methods as determined by the Parties:
a. mutual acceptance of a lump sum price;
b. unit prices set forth in the Contract Documents; or
c. cost of the work plus a reasonable allowance for overhead and profit approved by the City.
The Contractor shall provide all cost documentation requested by the City to support any requested
price adjustment.
8.5 Notice of Claim
If the Contractor believes that any event, directive, or condition may result in a change in the
Contract Price or Contract Time, the Contractor shall provide written notice to the City within
seven (7) days after the occurrence of the event giving rise to the claim.
Failure to provide such written notice within the required time period shall constitute a waiver of
the claim.
8.6 Formal Claim Submission
Within thirty (30) days after providing notice of a claim, the Contractor shall submit a detailed
written claim including:
a. a description of the event giving rise to the claim;
b. the contractual basis for the claim;
c. documentation supporting any requested adjustment to the Contract Price or Contract Time;
and
d. all supporting cost records and schedules.
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Failure to submit a timely and complete claim shall constitute a waiver of the claim.
8.7 No Damages for Delay
If a Change Order is issued for delay or disruption to the Work due solely to the actions of the
Contractor, the Contractor’s sole remedy shall be an extension of time. If attributed solely to the
actions of the Contractor, the Contractor shall not be entitled to additional compensation or
damages for delay, disruption, or interference with the Work.
8.8 Continuing Performance
Pending resolution of any claim or dispute, the Contractor shall continue performance of the
Work in accordance with the Contract Documents and shall not delay or suspend the Work.
8.9 City Determination
The City shall review all claims and determine whether a Change Order is warranted. The City’s
determination shall control for purposes of directing the Work and maintaining project progress,
subject to the Contractor’s right to pursue a claim in accordance with this Agreement. Any
adjustment to the Contract Price or Contract Time shall be authorized only by a written Change
Order executed by the Parties.
The City shall review all claims and determine whether a Change Order is warranted. The City’s
determination shall control for purposes of directing the Work and maintaining project progress.
If the Contractor disagrees with the City’s determination, the Contractor may submit a formal
claim in accordance with this Agreement, and the City shall review and issue a written
determination within a reasonable time. The Contractor shall proceed with the Work as directed
pending resolution of such claim.
The Contractor’s compliance with a directive to proceed shall not constitute a waiver of its right
to seek an equitable adjustment to the Contract Price or Contract Time. Any such adjustment
shall be determined in accordance with the claims process set forth in this Agreement and, if
approved, memorialized in a written Change Order.
Nothing in this Section shall preclude the Contractor from other remedies available to the
Contractor under this Agreement or by law.
9. CONTRACTOR RESPONSIBILITIES
9.1 Standard of Performance
The Contractor shall perform the Work in a good and workmanlike manner consistent with the
highest standards of the construction industry and in strict compliance with the Contract
Documents.
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The Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures used in performing the Work.
9.2 Compliance with Laws
The Contractor shall comply with all applicable federal, state, county, and local laws, ordinances,
regulations, and codes applicable to the Work, including all safety regulations and permitting
requirements.
The Contractor shall obtain and pay for all permits, inspections, licenses, and approvals required
for the performance of the Work unless otherwise expressly stated in the Contract Documents.
9.3 Supervision of Work
The Contractor shall provide competent and qualified supervision for the Work at all times during
construction.
The Contractor shall designate a qualified project manager or superintendent who shall be present
at the Project site whenever work is being performed and who shall have authority to act on behalf
of the Contractor.
9.4 Subcontractors
The Contractor shall not engage any subcontractor to perform any portion of the Work without
prior written approval of the City. The Contractor shall submit to the City the name, qualifications,
and scope of work for each proposed subcontractor for review and approval.
The City reserves the right to reject any proposed subcontractor that the City determines, in its sole
discretion, is not qualified, responsible, or suitable for the Work.
Approval of a subcontractor by the City shall not relieve the Contractor of any responsibility for
the performance of the Work. The Contractor shall remain fully responsible for the acts, omissions,
and performance of all subcontractors, suppliers, and persons directly or indirectly employed by
them.
All subcontractors shall be bound by the terms and conditions of this Agreement and the Contract
Documents to the same extent as the Contractor.
9.5 Safety
The Contractor shall be solely responsible for jobsite safety and shall implement and maintain all
safety precautions and programs necessary to protect workers, the public, and property.
The Contractor shall comply with all applicable Occupational Safety and Health Administration
(OSHA) regulations and all applicable safety laws.
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The City shall have no responsibility for construction means, methods, or safety programs.
9.6 Protection of Property
The Contractor shall take all reasonable precautions to protect existing structures, utilities,
landscaping, public infrastructure, and private property from damage during the performance of
the Work.
Any damage caused by the Contractor shall be promptly repaired or replaced at the Contractor’s
sole expense.
9.7 Correction of Defective Work
The Contractor shall promptly correct any Work rejected by the City as defective or
nonconforming with the Contract Documents.
9.8 Clean-Up
The Contractor shall keep the Project site reasonably clean and free from accumulation of waste
materials, debris, and rubbish resulting from the Work.
Upon completion of the Work, the Contractor shall remove all construction equipment, tools,
temporary facilities, and debris and leave the site in a clean and safe condition.
9.9 Coordination
The Contractor shall coordinate all aspects of the Work including subcontractors, suppliers,
utilities, inspections, and testing required for completion of the Project.
9.10 Responsibility for Work
Until final acceptance of the Work by the City, the Contractor shall bear the risk of loss or damage
to the Work and shall take all necessary precautions to protect the Work from damage.
10. WARRANTIES
10.1 General Warranty
The Contractor warrants that all Work performed under this Agreement shall be new, of good
quality, free from defects in materials and workmanship, and performed in accordance with the
Contract Documents.
The Contractor further warrants that the Work shall be suitable for its intended purpose and shall
conform to all applicable laws, codes, regulations, and manufacturer requirements.
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10.2 Warranty Period
Unless a longer period is required by the Contract Documents or applicable manufacturer
warranties, the Contractor warrants the Work for a period of one (1) year from the date of Final
Completion and acceptance by the City.
The parties acknowledge that a separate maintenance agreement governs routine service and
upkeep; however, such maintenance shall not relieve the Contractor of responsibility for
defective Work, improper installation, or failure of the system to perform in accordance with the
Contract Documents.
Any portion of the Work that is repaired or replaced during the warranty period shall be
warranted for a period of one (1) year from the date of such repair or replacement, but such
extension shall apply only to the repaired or replaced component and shall not extend the
warranty for the Work as a whole.
Notwithstanding the foregoing, if repeated failures of components or systems indicate a systemic
defect in design, installation, or integration, the Contractor shall be responsible for correcting
such condition at no cost to the City.
10.3 Manufacturer Warranties
The Contractor shall assign to the City all manufacturer warranties applicable to materials,
equipment, and systems installed as part of the Work.
Manufacturer warranties shall be in addition to, and not in lieu of, the Contractor’s warranty
obligations under this Agreement.
10.4 Correction of Defective Work
If any defect in materials or workmanship appears within the warranty period, the Contractor shall
promptly correct such defect at no cost to the City, unless such defect is not attributable to the
Contractor’s Work.
The Contractor shall begin corrective work within ten (10) days after written notice from the City
or sooner if the defect constitutes an emergency or impacts the operation of the Water Treatment
Plant, and shall complete such corrective work within a reasonable time acceptable to the City.
City shall be liable to notify the Contractor if corrective work is required sooner than ten (10) days.
10.5 City Right to Correct
If the Contractor fails to promptly correct defective Work after notice from the City, the City may
perform or cause the corrective work to be performed and the Contractor shall be responsible for
all costs incurred by the City in performing such corrective work.
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The City may recover such costs by deducting them from any amounts due to the Contractor or
from the Contractor’s bond.
10.6 No Waiver
Neither final payment, final inspection, nor acceptance of the Work by the City shall constitute a
waiver of the Contractor’s warranty obligations.
The City’s failure to discover or reject defective Work prior to acceptance shall not relieve the
Contractor of responsibility for defective Work.
10.7 Survival of Warranty
The warranty obligations set forth in this section shall survive termination or completion of this
Agreement and shall remain enforceable during the warranty period.
11. INSURANCE.
The Contractor shall maintain insurance coverage in the types and amounts required by Invitation
to Bid No. 25-027 and the Contract Documents. All insurance requirements set forth in the ITB
are incorporated herein by reference and shall remain in full force and effect for the duration of
the Work.
Prior to commencement of the Work, the Contractor shall provide certificates of insurance
acceptable to the City demonstrating compliance with the insurance requirements of the ITB. The
certificates shall confirm that the required policies are in effect and that the City is named as an
additional insured where required by the ITB.
Commencement of any Work by the Contractor prior to providing the required certificates of
insurance to the City shall constitute a material breach of this Agreement.
The Contractor shall maintain the required insurance throughout the duration of the Work and shall
provide updated certificates of insurance upon renewal or replacement of any policy.
Failure to maintain the required insurance coverage at any time during the performance of the
Work shall constitute a material breach of this Agreement and shall entitle the City to suspend the
Work or terminate this Agreement.
12. PERFORMANCE AND PAYMENT BONDS
The Contractor shall furnish performance and payment bonds in the types and amounts required
by Invitation to Bid No. 25-027 and the Contract Documents. The bonding requirements set forth
in the ITB are incorporated herein by reference.
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Prior to commencement of the Work, the Contractor shall provide the required performance and
payment bonds in a form acceptable to the City and issued by a surety authorized to do business
in the State of Florida.
The Contractor shall not commence any Work under this Agreement until the required bonds have
been provided to and approved by the City.
Commencement of Work by the Contractor prior to providing the required bonds shall constitute
a material breach of this Agreement.
The performance and payment bonds shall remain in full force and effect for the duration of the
Work and until all obligations of the Contractor under this Agreement have been satisfied.
Failure to maintain the required bonds shall constitute a material breach of this Agreement and
shall entitle the City to suspend the Work, withhold payment, or terminate this Agreement.
13. INDEMNIFICATION
13.1 Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless
the City, its officers, officials, employees, agents, and representatives from and against any and
all claims, damages, losses, liabilities, causes of action, judgments, costs, and expenses,
including reasonable attorney’s fees, arising out of, resulting from, or relating to the performance
of the Work under this Agreement, provided that such claim, damage, loss, or expense is caused
in whole or in part by the negligent acts, errors, omissions, or misconduct of the Contractor, its
subcontractors, suppliers, employees, or anyone directly or indirectly employed by them or
anyone for whose acts they may be liable.
13.2 Scope of Indemnity
The obligations of the Contractor under this section shall apply regardless of whether such claims
are caused in part by a party indemnified hereunder; however, the Contractor shall not be required
to indemnify the City for damages caused solely by the negligence of the City or third-party. Where
any such claim, damage, loss, or expense is caused in part by the negligent acts, errors, omissions,
or misconduct of the Contractor and in part by the acts or omissions of the City or any other person
or entity, the Contractor’s duty to indemnify shall be limited to that portion of such claim, damage,
loss, or expense attributable to the Contractor’s proportionate share of fault.
13.3 Subcontractors
The Contractor shall require all subcontractors to assume the same indemnification obligations in
favor of the City as set forth in this Agreement.
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13.4 Survival
The obligations contained in this section shall survive the completion of the Work and
termination of this Agreement.
14. DEFAULT AND TERMINATION
14.1 Contractor Default
The occurrence of any of the following shall constitute a default by the Contractor:
a. failure to perform the Work in accordance with the Contract Documents;
b. failure to prosecute the Work with sufficient labor, materials, equipment, or supervision to
complete the Work within the required time;
c. failure to correct defective or nonconforming Work;
d. failure to maintain required insurance or bonds;
e. failure to pay subcontractors, suppliers, or laborers;
f. abandonment or suspension of the Work without authorization;
g. violation of applicable laws or regulations;
h. insolvency, bankruptcy, or assignment for the benefit of creditors; or
i. any other material breach of this Agreement.
14.2 Notice of Default
If the City determines that the Contractor is in default, the City shall provide written notice
describing the default and requiring the Contractor to cure the default within a reasonable time
specified by the City.
14.3 Termination for Cause
If the Contractor fails to cure the default within the time specified by the City, the City may
terminate this Agreement for cause.
Upon termination for cause, the City may:
a. take possession of the Work and the Project site;
b. complete the Work by any means the City deems appropriate; and
c. recover from the Contractor and its surety all costs incurred by the City in completing the
Work.
14.4 Termination for Convenience
The City may terminate this Agreement for convenience at any time by providing ten (10) days
written notice to the Contractor.
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In the event of termination for convenience, the Contractor shall be paid only for Work
satisfactorily performed up to the date of termination.
The Contractor shall not be entitled to lost profits, overhead on unperformed work, or
consequential damages arising from such termination.
14.5 Suspension of Work
The City may suspend the Work in whole or in part when the City determines that suspension is
necessary or appropriate. The Contractor shall resume the Work upon written notice from the City.
15. CITY RIGHTS AND REMEDIES
15.1 Cumulative Remedies
The rights and remedies of the City under this Agreement are cumulative and in addition to any
other rights or remedies available at law or in equity.
15.2 City Right to Correct Work
If the Contractor fails to perform the Work in accordance with the Contract Documents, the City
may, after providing written notice to the Contractor, correct such Work or cause such Work to
be corrected. All reasonable costs incurred by the City may be recoverable from the Contractor
and may be deducted from any amounts due to the Contractor.
15.3 No Waiver
Failure by the City to enforce any provision of this Agreement shall not constitute a waiver of the
City’s right to enforce that provision or any other provision at a later time.
15.4 Withholding and Setoff
The City shall have the right to withhold payment or set off against any amounts due to the
Contractor any costs, damages, or expenses incurred by the City as a result of the Contractor’s
breach of this Agreement.
15.5 Recovery of Costs
The Contractor shall be responsible for all damages, costs, and expenses incurred by the City
resulting from the Contractor’s breach of this Agreement, including reasonable attorney’s fees and
costs the extent permitted by law. The City may recover such amounts through setoff, withholding,
or any other remedies available under this Agreement or at law.
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16. PUBLIC RECORDS
The Contractor shall comply with the requirements of Section 119.0701, Florida Statutes, relating
to public records.
The Contractor shall:
a. keep and maintain public records required by the City to perform the services provided
under this Agreement;
b. upon request from the City’s custodian of public records, 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 in Chapter 119, Florida
Statutes;
c. ensure that public records that are exempt or confidential are not disclosed except as
authorized by law; and
d. meet all requirements for retaining public records and transfer, at no cost, all public
records to the City upon termination of this Agreement.
If the Contractor fails to comply with the requirements of this section, the City may enforce the
provisions of this section as provided by law.
17. AUDIT AND GRANT COMPLIANCE
17.1 Records
The Contractor shall maintain complete and accurate books, records, and documents relating to
the performance of the Work under this Agreement.
17.2 Audit Rights
The City, and any authorized governmental agency providing funding for the Project, shall have
the right to audit, inspect, and copy any records relating to this Agreement.
17.3 Record Retention
The Contractor shall retain all records relating to this Agreement for a period of at least five (5)
years after final payment or longer if required by law or grant requirements.
17.4 Grant Compliance
If the Project is funded in whole or in part by federal, state, or other grant funding, the Contractor
shall comply with all applicable grant requirements, regulations, and reporting obligations.
Failure to comply with grant requirements shall constitute a material breach of this Agreement.
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18. MISCELLANEOUS
18.1 Independent Contractor
The Contractor is an independent contractor and not an employee, agent, or representative of the
City. Nothing contained in this Agreement shall be deemed to create any partnership, joint venture,
or other relationship between the City and the Contractor.
18.2 Assignment
The Contractor shall not assign this Agreement or any portion of the Work without the prior written
consent of the City. Any assignment made without the City’s written consent shall be void.
18.3 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 legal action arising out of or relating to this Agreement shall lie exclusively
in Broward County, Florida.
18.4 Entire Agreement
This Agreement and the Contract Documents constitute the entire agreement between the parties
and supersede all prior negotiations, representations, or agreements, whether written or oral.
18.5 Amendment
This Agreement may be amended only by a written instrument executed by authorized
representatives of both parties.
18.6 Severability
If any provision of this Agreement is determined to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect.
18.7 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original and
all of which together shall constitute one and the same instrument.
18.8 No Third-Party Beneficiaries
Nothing contained in this Agreement shall create or be construed to create any rights in or
obligations to any third party, including but not limited to subcontractors, suppliers, or other
persons or entities not a party to this Agreement.
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18.9 No Waiver of Sovereign Immunity
Nothing contained in this Agreement shall be construed as a waiver of the City’s sovereign
immunity or the limitations of liability set forth in Section 768.28, Florida Statutes.
18.10 Non-Discrimination
The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin, age, disability, marital status, or any other category
protected by applicable federal, state, or local law.
The Contractor shall comply with all applicable federal, state, and local laws, ordinances, and
regulations relating to equal employment opportunity and non-discrimination.
18.11 Notices
Any notice required or permitted under this Agreement shall be in writing and shall be deemed
given when delivered personally, sent by nationally recognized overnight delivery service, or sent
by certified mail, return receipt requested, to the addresses set forth below, or to such other address
as either party may designate by written notice.
If to the City:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: City Manager
With a copy to:
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
If to the Contractor:
Razorback LLC
177 Anclote Road
Tarpon Springs, Florida 34689
Notice shall be deemed received on the date delivered or, if mailed, three (3) business days after
deposit in the United States mail.
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18.12 Headings
The headings used in this Agreement are for convenience only and shall not affect the
interpretation of any provision of this Agreement.
18.13 Survival
Any provisions of this Agreement which by their nature are intended to survive termination or
completion of the Work, including but not limited to indemnification, warranties, audit rights,
record retention requirements, and payment obligations, shall survive termination or completion
of this Agreement.
18.14 No Oral Modification or Course of Performance
This Agreement may be modified only by a written amendment executed by authorized
representatives of both parties. No course of performance, prior dealings, payment, inspection,
approval, or failure to enforce any provision of this Agreement shall be construed as a modification
of this Agreement or a waiver of any provision.
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: Razorback LLC
a Florida limited liability company
SIGNATURE SIGNATURE
_________________________
PRINT Name PRINT Name
_________________________
SIGNATURE Title
_________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on ___________________2026 by ____________________________.
as of Razorback LLC, a Florida limited liability
company. He/she is personally known to me or has produced as
identification.
My Commission Expires: Notary Public, State of Florida
Print Name
1
MAINTENANCE SERVICES AGREEMENT
Water Treatment Plant Chemical Feed System
This Maintenance Services Agreement (“Agreement”) is made and entered into this ___ day of
________, 20, by and between City of Dania Beach, Florida, a Florida municipal corporation
(“City”), whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,
And Razorback LLC, a Florida limited liability company (“Contractor”), whose address is 177
Anclote Road, Tarpon Springs, Florida 34689.
1. PURPOSE
The purpose of this Agreement is to ensure the continuous, reliable, and safe operation of the City’s
Water Treatment Plant chemical feed systems through the provision of preventive maintenance,
inspection, calibration, repair, and emergency response services by Contractor. The equipment
covered under this Agreement is essential to the treatment and delivery of potable water to the
public. Accordingly, Contractor shall perform all services in a timely, professional, and
workmanlike manner consistent with manufacturer requirements, applicable regulatory standards,
and accepted water treatment industry practices to maintain the equipment in proper operating
condition and minimize disruption to plant operations.
2. EQUIPMENT COVERED
Maintenance services under this Agreement shall apply to the chemical feed systems installed as
part of the Water Treatment Plant Chemical Feed System Rehabilitation Project (ITB No.
25-027) at the City’s Water Treatment Plant located at 1201 Stirling Road, Dania Beach, Florida.
The equipment covered by this Agreement includes, without limitation:
1. Chemical feed pumps
2. Metering pump skids
3. Chemical storage tanks and day tanks
4. Calibration columns
5. Pulsation dampeners
6. Back pressure valves
7. Pressure relief valves
8. Chemical injection piping and associated fittings
9. Control panels, instrumentation, and PLC interfaces associated with the chemical feed
systems
10. Chemical transfer pumps
11. Cabinet ventilation and exhaust systems
12. Associated electrical components and system controls
13. Any other components, accessories, or appurtenances necessary for the proper operation
of the chemical feed systems installed under ITB No. 25-027.
2
The foregoing list is illustrative and not exhaustive. Contractor shall maintain all components
necessary to ensure proper operation of the chemical feed systems whether specifically listed
herein or reasonably inferable from the system installation.
The City reserves the right to add additional related equipment or system components to the scope
of this Agreement upon the execution of a mutually executed written change order, provided such
equipment is reasonably related to the chemical feed system infrastructure.
3. TERM
3.1 Initial Term
The initial term of this Agreement shall be three (3) years, commencing upon the date the City
issues written Final Completion and acceptance of the Water Treatment Plant Chemical Feed
System Rehabilitation Project (ITB No. 25-027) (the “Effective Date”).
3.2 Renewal Options
The City may renew this Agreement for two (2) additional one-year terms by providing written
notice to the Contractor at least thirty (30) days prior to expiration of the then-current term.
No renewal shall occur unless affirmatively exercised in writing by the City and accepted by the
Contractor following receipt of the written notice.
3.3 No Obligation to Renew
Nothing in this Agreement shall obligate the City to exercise any renewal option. The City
reserves the right to procure maintenance services from other vendors upon expiration of the
initial term or any renewal term.
3.4 Funding Limitation
The City’s obligation to pay under this Agreement is subject to the availability of lawfully
appropriated funds. In the event funds are not appropriated or otherwise made available for the
continuation of this Agreement in any fiscal year, the City may terminate this Agreement without
upon written notice to Contractor.
3.5 Compensation and Payment
The total compensation payable by the City to Contractor for the services required under this
Agreement shall not exceed One Hundred Sixty-Two Thousand Dollars ($162,000.00) for the
initial three (3) year term of this Agreement (“Compensation”).
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Compensation shall be paid in annual installments of Fifty-Four Thousand Dollars ($54,000.00)
per year, subject to Contractor’s satisfactory performance of the maintenance services required
under this Agreement, unless additional Compensation is authorized by a written change order.
Contractor shall submit an invoice to the City following completion of the preventive maintenance
services required for the applicable year. Each invoice shall include documentation demonstrating
that the required maintenance services and reporting obligations have been completed in
accordance with this Agreement.
Each invoice submitted by Contractor shall include sufficient detail to allow the City to verify the
services performed, including a description of the maintenance services provided, the dates
services were performed, identification of equipment serviced, and reference to the service reports
required under this Agreement.
Invoices that do not contain sufficient information for the City to verify the services performed
may be rejected by the City and returned to Contractor for correction. The time period for payment
shall not begin to run until the City receives a corrected and complete invoice.
The City shall review all invoices submitted by Contractor and shall pay only for services that
have been satisfactorily performed and accepted by the City provided the services have been
performed in accordance with this Agreement.
The City may withhold payment of any disputed portion of an invoice until such dispute is
resolved. Withholding payment of disputed amounts shall not constitute a breach of this
Agreement.
The compensation provided under this Agreement constitutes full compensation for all labor,
supervision, tools, equipment, travel, materials, parts, and services necessary to perform the
maintenance services required under this Agreement.
The City shall not be obligated to pay for services that are incomplete, defective, or not performed
in accordance with this Agreement.
The City’s review and payment of any invoice shall not constitute acceptance of defective or
incomplete services.
4. SCOPE OF MAINTENANCE SERVICES
Contractor shall provide all labor, supervision, tools, equipment, materials, parts, transportation,
and technical services necessary to inspect, maintain, calibrate, repair, and support the chemical
feed systems covered under this Agreement so that such systems remain fully operational and
capable of performing their intended function within the City’s water treatment process.
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Maintenance services shall include preventive maintenance and routine inspection (to occur on a
quarterly basis), calibration, troubleshooting, repair, adjustment, replacement of worn
components, testing of controls and alarms, and emergency response services necessary to
maintain proper operation of the chemical feed systems.
Contractor shall maintain the equipment in a condition capable of delivering accurate chemical
dosing and reliable system performance consistent with manufacturer specifications, applicable
regulatory requirements, and accepted water treatment industry practices.
The services described in this section are intended to describe the general scope of maintenance
services and are not intended to limit Contractor’s responsibility to perform any services
reasonably necessary to maintain proper operation of the chemical feed systems. Contractor shall
perform all maintenance activities necessary to ensure continued operational reliability of the
equipment in accordance with the project specifications.
Only services that constitute a material expansion of the scope of services beyond maintenance
of the chemical feed systems as installed under ITB No. 25-027 shall be eligible for additional
compensation, and any such adjustment shall be authorized by a written Change Order executed
by the Contractor and the City.
The City may direct Contractor to perform additional maintenance activities reasonably related to
the proper operation of the chemical feed systems. Contractor shall promptly perform such services
upon request by the City.
All work shall be performed in a timely, professional, and workmanlike manner consistent with
manufacturer recommendations, applicable AWWA standards, and accepted water treatment
industry practices.
5. PREVENTIVE MAINTENANCE SCHEDULE
. 5.1 Quarterly Preventive Maintenance
At least once every three (3) months Contractor shall perform preventive maintenance services
including, at a minimum:
inspection of all chemical feed pumps
verification of pump calibration and dosing accuracy
inspection of chemical lines, valves, and fittings
inspection of pump diaphragms, seals, and moving components
inspection of pulsation dampeners
verification of back pressure valve operation
inspection of cabinet ventilation systems and cooling components
inspection of chemical storage tanks and containment areas
verification of PLC signal communication and control response.
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5.2 Annual Preventive Maintenance
At least once per year Contractor shall perform a comprehensive system inspection and service
including:
complete pump calibration
inspection and replacement of diaphragms and wear components as necessary
inspection and testing of pressure relief valves
verification of calibration column accuracy
inspection of electrical components and wiring connections
testing of system alarms and control signals
inspection of surge protection devices
verification that all equipment is operating within manufacturer performance specifications.
5.3 Maintenance Reports
Following each preventive maintenance visit Contractor shall submit a written maintenance
report to the City documenting:
date and time of service
equipment inspected
calibration results
components replaced
observed deficiencies
recommended corrective actions.
Maintenance reports shall be submitted within five (5) business days after each service visit.
5.4 City Authority to Adjust Maintenance Schedule
The City may require additional preventive maintenance visits or modifications to the maintenance
schedule if necessary to ensure reliable operation of the water treatment facility. Contractor shall
comply with such requests when reasonably related to the proper operation of the chemical feed
systems.
5.5 Failure to Perform Scheduled Preventive Maintenance
If Contractor fails to perform any scheduled preventive maintenance service within the time
periods required by this Agreement, the City may require Contractor to perform such service
immediately at no additional cost to the City. In addition, the City may assess a service credit in
the amount of five hundred dollars ($500.00) for each missed or delayed preventive maintenance
visit. The assessment of a service credit shall not limit the City’s right to pursue any other remedies
available under this Agreement.
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6. RESPONSE TIMES
Because the City’s water treatment plant must remain operational at all times, Contractor shall
provide maintenance and repair services in accordance with the response times set forth in this
section. The response times described below constitute mandatory service levels under this
Agreement.
Contractor shall maintain a factory-authorized service technician located within the State of
Florida capable of responding to service requests in accordance with the response times required
by this Agreement.
6.1 Routine Additional Service
Contractor shall respond to additional non-emergency service requests within two to three (2-3)
business days after notification by the City.
Contractor shall respond to service requests within the timeframes set forth herein. Routine non-
emergency repairs, as distinguished from initial response or troubleshooting, shall be completed
within two (2) to three (3) days after Contractor’s initial response, unless otherwise approved by
the City based on the nature of the repair.
All Routine Non-Emergency Service, Priority Service, and Emergency Service required to
maintain proper operation of the chemical feed systems shall be included in the Compensation
provided under this Agreement.
Only services that constitute a material expansion of the scope of maintenance services beyond the
equipment and systems covered under this Agreement shall be eligible for additional
compensation, and any such compensation shall be authorized in advance by a written Change
Order executed by the Parties.
6.2 Emergency Service; Generally
Emergency Service requests, shall receive response within twenty-four (24) hours after
notification by the City.
Emergency Service shall mean any condition that materially impacts or threatens to impact the
City’s water treatment operations, regulatory compliance, or public health and safety, and
requires immediate response. Emergency Service requests involving failure, malfunction, or
degradation of the chemical feed systems, shall be addressed pursuant to Section 6.3 below.
To the extent such services are within the scope of maintenance services required under this
Agreement, no additional compensation shall be due.
Additional compensation shall be permitted only where the emergency condition is caused by
factors outside the Contractor’s control and beyond the scope of maintenance services required
under this Agreement, and only if authorized by a written Change Order executed by the City.
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6.3 Emergency Service; Chemical Feed
Emergency Service requests involving failure or malfunction of the chemical feed systems that
may affect water treatment operations shall receive:
(i) initial response by telephone or remote communication within two (2) hours of notification;
and
(ii) arrival of a qualified service technician at the Water Treatment Plant within eight (8) hours of
notification.
Contractor shall maintain personnel available to provide emergency service twenty-four (24)
hours per day, seven (7) days per week, including weekends and holidays.
6.4 Failure to Respond
If Contractor fails to meet the response times required by this section, the City may take whatever
actions it deems necessary to restore operation of the chemical feed systems, including engaging
another service provider. Contractor shall be responsible for any reasonable costs incurred by the
City as a result of Contractor’s failure to respond in accordance with this Agreement.
7. PUMP CALIBRATION REQUIREMENTS
Contractor shall perform calibration and adjustment of all chemical feed pumps as necessary to
ensure accurate and reliable chemical dosing within the City’s water treatment process.
Calibration shall be performed in accordance with manufacturer recommendations, accepted water
treatment industry practices, and applicable regulatory standards.
Calibration services shall include, at a minimum:
verification of pump output rates
adjustment of stroke length and pump control settings
testing using calibration columns or other approved measurement methods
verification of PLC control signal response
inspection of pump performance under operating conditions.
Contractor shall maintain dosing accuracy within ±5 percent of the target dosing rate or within
manufacturer specifications, whichever is more stringent.
Contractor shall provide written documentation of each calibration performed, including measured
pump output, calibration adjustments made, and final dosing performance. Calibration
documentation shall be submitted to the City within five (5) business days after the calibration
service.
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If the City determines that dosing accuracy has materially deviated from acceptable operating
parameters, Contractor shall promptly perform recalibration services at no additional cost to the
City.
8. EMERGENCY SERVICE
Contractor shall provide emergency maintenance and repair services necessary to restore operation
of the chemical feed systems when a failure, malfunction, or other condition occurs that may affect
water treatment operations.
Emergency service shall include troubleshooting, repair, replacement of failed components, and
any other services necessary to restore the chemical feed systems to proper operating condition.
Contractor shall take all reasonable actions necessary to restore accurate chemical dosing and safe
system operation as quickly as practicable.
If the required repairs cannot be completed immediately, Contractor shall implement temporary
measures acceptable to the City to maintain the operational capability of the water treatment plant
until permanent repairs are completed.
9. SPARE PARTS OBLIGATIONS
9.1 Availability of Spare Parts
Contractor shall maintain access to or maintain an inventory of critical spare parts necessary to
support the proper operation and repair of the chemical feed systems covered under this
Agreement.
At a minimum, Contractor shall maintain access to the following components:
pump diaphragms
pump seals
pressure relief valves
back pressure valves
pulsation dampeners
calibration column components
electrical fuses
pump control components and related instrumentation parts.
Contractor shall ensure that critical spare parts necessary to restore operation of the chemical feed
systems are available within twenty-four (24) hours or as soon as commercially possible of
identification of the required repair.
Failure of Contractor to obtain or provide required parts in a timely manner shall not excuse
Contractor from its obligations to restore operation of the chemical feed systems in accordance
with this Agreement.
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If Contractor is unable to provide required spare parts within the required time period, the City
may procure such parts from another source and Contractor shall reimburse the City for any
reasonable additional costs incurred due to Contractor’s failure to timely provide the required
parts.
9.2 Spare Parts List and Pricing
Within thirty (30) days after the Effective Date of this Agreement, Contractor shall provide the
City with a written list of recommended spare parts necessary to support the proper operation and
maintenance of the chemical feed systems covered under this Agreement.
The spare parts list shall identify all critical components that may reasonably be required for
routine maintenance or emergency repairs, including pump components, valves, control
components, seals, diaphragms, and calibration equipment.
Contractor shall also provide the City with current pricing for each recommended spare part and
shall update such pricing upon request by the City during the term of this Agreement. The City
may elect to purchase and maintain spare parts inventory directly. Contractor shall not require the
City to purchase spare parts exclusively from Contractor unless such restriction is required by the
equipment manufacturer.
10. PERFORMANCE REQUIREMENTS
Contractor shall maintain the chemical feed systems covered under this Agreement in a condition
capable of performing their intended function within the City’s water treatment process.
Contractor shall ensure that all equipment subject to this Agreement is maintained in proper
operating condition so that chemical dosing systems operate reliably and within manufacturer
performance specifications and applicable regulatory requirements.
Contractor shall promptly correct any deficiencies in equipment performance caused by inadequate
maintenance, improper calibration, or failure to perform services required under this Agreement.
If the chemical feed systems fail to operate properly due to Contractor’s failure to perform required
maintenance or services under this Agreement, Contractor shall promptly repair or restore the
equipment at no cost to the City.
If Contractor fails to correct such deficiencies within a reasonable time after notice from the City,
the City may perform or cause such work to be performed and terminate this Agreement in
accordance with Section 12.2 below.
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11. SERVICE REPORTING
Contractor shall provide written documentation of all services performed under this Agreement.
Following each service visit, inspection, maintenance activity, or repair, Contractor shall submit
a written service report to the City describing the work performed.
Each service report shall include, at a minimum:
date and time of service
name of technician performing the work
equipment inspected or serviced
description of services performed
calibration measurements and adjustments made
parts replaced or repaired
any observed deficiencies or abnormal operating conditions
recommended corrective actions.
Service reports shall be submitted to the City within five (5) business days after completion of
the service visit.
Contractor shall maintain complete maintenance records for all services performed under this
Agreement and shall make such records available to the City upon request.
If Contractor identifies equipment conditions that may affect system performance or reliability,
Contractor shall promptly notify the City and provide recommendations for corrective action.
Contractor shall provide service reports in both electronic format (PDF) and any other format
reasonably requested by the City so that the City may maintain permanent maintenance records
for the water treatment facility.
12. CITY TERMINATION RIGHTS
12.1 Termination for Convenience
The City may terminate this Agreement, in whole or in part, for convenience upon thirty (30) days
written notice to Contractor. In the event of such termination, Contractor shall be entitled to
payment only for services properly performed by the City prior to the effective date of termination.
Contractor shall not be entitled to lost profits, consequential damages, or any other compensation
arising from such termination.
12.2 Termination for Cause
The City may terminate this Agreement immediately upon written notice if Contractor:
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a. fails to meet required response times
b. fails to perform maintenance services in accordance with this Agreement
c. repeatedly performs deficient or unsatisfactory work
d. fails to maintain required insurance
e. abandons or refuses to perform required services
f. otherwise materially breaches this Agreement.
Except in cases where immediate action is necessary to protect public health, safety, or the
continued operation of the Water Treatment Plant, the City shall provide Contractor with written
notice of default and a reasonable opportunity to cure prior to termination.
12.3 City Right to Perform Services
If Contractor fails to perform services required under this Agreement, the City may perform or
cause such services to be performed by another contractor. The City may apply any unpaid
compensation due to Contractor as a setoff against the costs incurred by the City, and Contractor
shall be responsible for any costs incurred by the City that exceed such setoff.
12.4 Transition of Services
Upon termination or expiration of this Agreement, Contractor shall cooperate with the City to
ensure an orderly transition of maintenance serices, including providing maintenance records,
service history, and other information reasonably necessary for continued operation of the
chemical feed systems.
13. INSURANCE
Contractor shall maintain insurance coverage in the types and amounts required by Invitation to
Bid No. 25-027 and the Contract Documents. Such insurance shall remain in full force and effect
for the duration of this Agreement.
At a minimum, Contractor shall maintain the following insurance coverage:
Commercial General Liability insurance with limits of not less than $1,000,000 per occurrence
and $2,000,000 aggregate for bodily injury, personal injury, and property damage.
Automobile Liability insurance covering all owned, non-owned, and hired vehicles with limits of
not less than $1,000,000 combined single limit.
Workers’ Compensation insurance as required by Florida law and Employer’s Liability insurance
with limits of not less than $500,000.
If applicable to the services performed, Professional Liability or Errors and Omissions insurance
with limits of not less than $1,000,000 per claim.
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The City of Dania Beach, its officers, employees, and agents shall be named as additional insureds
on the Commercial General Liability policy.
All insurance required under this Agreement shall be primary and non-contributory with respect
to any insurance maintained by the City.
Prior to commencement of services, Contractor shall provide certificates of insurance acceptable
to the City demonstrating compliance with the insurance requirements of this Agreement.
Contractor shall provide written notice to the City at least thirty (30) days prior to cancellation,
non-renewal, or material modification of any required insurance coverage.
Failure to maintain the required insurance coverage shall constitute a material breach of this
Agreement and shall entitle the City to suspend services or terminate this Agreement.
14. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the
City of Dania Beach, its commissioners, officers, employees, agents, and representatives from and
against any and all claims, demands, damages, losses, liabilities, causes of action, judgments, costs,
and expenses, including reasonable attorney’s fees and litigation expenses, arising out of, resulting
from, or relating to the performance of services under this Agreement, provided that such claim,
damage, loss, or expense is caused in whole or in part by the negligent acts, errors, omissions, or
misconduct of Contractor, its subcontractors, suppliers, employees, agents, or anyone directly or
indirectly employed by them or anyone for whose acts they may be liable.
The obligations of Contractor under this section shall apply regardless of whether such claims are
alleged to have been caused in part by a party indemnified hereunder; however, Contractor shall
not be required to indemnify the City for damages caused solely by the negligence of the City.
Contractor shall ensure that all subcontractors performing services under this Agreement assume
the same indemnification obligations in favor of the City.
Nothing in this Agreement shall be interpreted as a waiver of the City’s sovereign immunity under
Section 768.28, Florida Statutes.
The provisions of this section shall survive expiration or termination of this Agreement.
15. PUBLIC RECORDS
Contractor shall comply with all applicable provisions of Chapter 119, Florida Statutes, the
Florida Public Records Law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S
CUSTODIAN OF PUBLIC RECORDS AT:
Elora Riera, MMC, City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Phone: (954) 924-6800
Email: eriera@daniabeachfl.gov
Contractor shall:
a. Keep and maintain public records required by the City to perform the services provided under
this Agreement.
b. Upon request from the City’s custodian of public records, 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 in Chapter 119, Florida Statutes, or as otherwise provided
by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost to the City, all public
records in possession of Contractor upon termination of this Agreement and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements.
All records stored electronically must be provided to the City, upon request from the City’s
custodian of public records, in a format that is compatible with the information technology
systems of the City.
16. 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 legal action arising out of or relating to this Agreement shall lie exclusively in the
state courts located in Broward County, Florida.
The parties waive any objections to venue or jurisdiction in the courts of Broward County, Florida.
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17. DEFAULT AND CURE
If Contractor fails to perform any obligation under this Agreement, the City shall provide written
notice specifying the nature of the default. Contractor shall have ten (10) days after receipt of such
notice to cure the default or to begin corrective action acceptable to the City. If Contractor fails to
cure the default within the time allowed, the City may terminate this Agreement or exercise any
other rights or remedies available under this Agreement or at law.
18. ASSIGNMENT
Contractor shall not assign, transfer, convey, or otherwise dispose of this Agreement or any rights
or obligations arising under this Agreement without the prior written consent of the City. Any
attempted assignment without such consent shall be null and void.
19. INDEPENDENT CONTRACTOR
Contractor is an independent contractor and is not an employee, agent, partner, or representative
of the City. Contractor shall have no authority to bind the City to any obligation or liability unless
expressly authorized in writing by the City.
20. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations,
codes, and permitting requirements in the performance of services under this Agreement.
21. NON-DISCRIMINATION
Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, disability, age, or any other classification protected by
law. Contractor shall comply with all applicable federal, state, and local nondiscrimination laws
and regulations.
22. NOTICE
All notices required under this Agreement shall be in writing and shall be deemed delivered when
delivered personally, sent by certified mail return receipt requested, or sent by a nationally
recognized overnight courier service to the addresses set forth in this Agreement, or to such other
address as either party may designate by written notice.
23. WAIVER OF SUBROGATION
Contractor and its insurers waive any right of subrogation against the City of Dania Beach, its
commissioners, officers, employees, and agents for losses or damages covered by insurance
required under this Agreement.
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24. NO WAIVER
The failure of the City to enforce any provision of this Agreement shall not be deemed a waiver
of the City’s right to enforce that provision or any other provision of this Agreement at any time
thereafter.
25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid
or unenforceable, the remaining provisions shall remain in full force and effect.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter
herein and supersedes all prior negotiations, agreements, or understandings, whether written or
oral. This Agreement may be amended only by written instrument executed by both parties.
27. ANNUAL MAINTENANCE REVIEW MEETING
At least once each calendar year during the term of this Agreement, Contractor shall meet with
City personnel at the Water Treatment Plant to review the condition and performance of the
chemical feed systems.
The meeting shall include discussion of maintenance activities performed, equipment
performance, recommended repairs or component replacements, and any operational concerns
identified by Contractor or City staff.
Contractor shall provide written recommendations for maintenance, repair, or replacement of
components necessary to ensure continued reliable operation of the chemical feed systems.
Such meeting shall be considered part of the services required under this Agreement and shall not
entitle Contractor to any additional compensation beyond the compensation provided under this
Agreement.
28. INTERPRETATION OF AGREEMENT
This Agreement shall not be construed more strictly against one party than against the other merely
by virtue of the fact that it may have been prepared by counsel for one of the parties. The parties
acknowledge that they have reviewed this Agreement and that each has had the opportunity to
consult with legal counsel prior to execution of this Agreement.
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: Razorback LLC
a Florida limited liability company
SIGNATURE SIGNATURE
_________________________
PRINT Name PRINT Name
_________________________
SIGNATURE Title
_________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on ___________________2026 by ____________________________.
as of Razorback LLC, a Florida limited liability
company. He/she is personally known to me or has produced as
identification.
My Commission Expires: Notary Public, State of Florida
Print Name