HomeMy WebLinkAboutR-2023-133 Award ITB No. 2023-007 for Storm Sewer and Sewer Main Cleaning to Kailas Corp. and Hinterland Group Inc.RESOLUTION NO.2023-?1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID ITB NO. 2023-007,
ENTITLED, "STORM SEWER AND SEWER MAIN CLEANING SERVICES"
AND TO ENTER INTO AN AGREEMENT WITH KAILAS CORP. AND
HINTERLAND GROUP INC. IN AN AMOUNT THAT MAY EXCEED THE
ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,0000.00) FOR EACH FISCAL YEAR THAT THE CONTRACT IS
IN PLACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Public Services Department (PSD) consistently undertakes preventive
and routine maintenance by in-house staff, including cleaning and repair of the sewer and
stormwater system; and
WHEREAS, the City regularly confronts flooding challenges resulting from rain events,
often requiring City staff to pump rainwater from the streets to the canals and to use vacuum
trucks to remove standing rainwater; and
WHEREAS, the PSD has identified the need for third -party services for routine
maintenance and emergency assistance during heavy rain events; and
WHEREAS, to address these needs, the City issued Invitation to Bid (ITB) No. 2023-007,
"Storm Sewer and Sewer Main Cleaning and Repair Services", and bids were publicly opened on
July I Oth, 2023, with two bids being received from Kailas Corp. and Hinterland Group Inc.; and
WHEREAS, the PSD recommends that the City Commission approve and authorize the
execution of contracts with Kailas Corp. and Hinterland Group Inc. for the aforementioned
services; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection
(a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute
an agreement with Kailas Corp. and Hinterland Group Inc. that may exceed the annual vendor
thresh" and $50,000.00 for services under the terms of ITB No. 23-007 and in accordance with
the schedule of costs, a copy of which agreements are attached as Exhibit "A", and made a part
of and incorporated into this this Resolution by this reference.
Section 3. That the funding for these proposed contracts is available and appropriated
within the Stormwater Management Contractual Services Account No. 403-38-01-538-34-10, with
payments made on an as needed basis for services rendered.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on ONYD`1 , 2023.
Motion bycbmriii4,Qne,� eS , second by$(,� rJr yygdtim .
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
APPROVED AS TO FORM AND CORRECTNESS:
(A� 4,
E E . BO TSIS
T ,, ATTORNEY
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RESOLUTION #2023-133
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on , 2023,
between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an
address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Kailas Corp.
("Contractor") a Florida corporation with a mailing address 12565 Orange Drive, #410, Davie,
Florida 33330, for services related to City Invitation to Bid ("ITB") No. 23-007, entitled, "Storm
Sewer and Sewer Main Cleaning and Repair Services".
WITNESSETH:
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and for other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
ARTICLE 1
PRFMARI,F
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based.
1.1 On June 5, 2023 the CITY advertised its notice to bidders of the CITY's desire to hire a
CONTRACTOR to provide storm sewer and sewer main cleaning and repair services as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for
the said bid entitled:
ITB NO.23-007
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
1.2 On July 10, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach
Boulevard, Northwest Conference Room.
1.3 On October 24, 2023, the CITY awarded the bid to CONTRACTOR and approved an
agreement with CONTRACTOR consistent with the terms and conditions set forth herein.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR hereby agrees to provide the services for electric motor and pump repair, as
more particularly described in Exhibit "A", and CONTRACTOR's response thereto, attached hereto
and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by this
Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award complete
with proposal form. In the event of any conflicts between this Agreement, Exhibit A and Exhibit B,
this Agreement shall prevail, followed by Exhibit A, and Exhibit B, thereafter.
2.2 CONTRACTOR shall fumish all services, labor, equipment, and materials necessary and as
may be required in the performance of this Agreement, except as otherwise specifically provided for
herein, and all work performed under this Agreement shall be done in a professional manner.
2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR
has the professional expertise, experience and manpower to perform the services to be provided by
CONTRACTOR pursuant to the terms of this Agreement.
2.4 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards of good
engineering practice. If within one year following completion of its services, such services fail to
meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing,
CONTRACTOR agrees to re -perform such deficient services without charge to the CITY.
2.5 CONTRACTOR shall not utilize the services of any sub -Contractor without the prior written
approval of CITY.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall be for three (3) years, commencing on November 15, 2023
and terminating on November 14, 2026. This Agreement may be renewed for up to two (2) additional
one (1) year terms, subject to the written consent and agreement between the Parties.
3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the
City may terminate this Agreement at any time for any reason or no reason at all by giving the
CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office
of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the
Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agreement up
to the date of receipt of Notice of termination. Such compensation shall be based on the percentage
of work completed, as fairly and reasonably determined by City after conferring with
CONTRACTOR.
3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for
cause, City will provide CONTRACTOR twenty (20) days' advance written notice to the
CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within
that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated
and the City will pay CONTRACTOR for work completed less any costs, expenses and damages
incurred by City as a result of such termination. If a court of competent jurisdiction determines
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that the termination was not authorized under the circumstances then the termination shall be
deemed to be a termination for convenience.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
Payment for Services. City agrees to pay CONTRACTOR a fee or fees as determined based upon
the scope of work identified by the City to provide services related to the specified project. There
will be a not -to -exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year
for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking
any services outside of CONTRACTOR's scope and pricing as identified in Exhibit "A", as "Costs
not included with proposal", CONTRACTOR shall adhere to the foregoing:
4.1. Any necessary additional work, as determined by City, which is not covered by the
scope of service, shall not be undertaken without a written amendment to authorizing a Work Order
executed by both parties in advance of any new or additional work.
4.2. CONTRACTOR shall submit its invoices in the format and with supporting
documentation as may be required by City.
4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty
(30) calendar days from date of approval of each of CONTRACTOR's invoices by the City
Manager, up to the maximum amount of the proposal contained in Exhibit A. If any errors or
omissions are discovered in any invoice, City will inform CONTRACTOR and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an
invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly
conferring to resolve the disputed portion.
4.4. Any invoice which is not timely paid as prescribed above will be subject to the
accrual of interest at the statutory rate prescribed by applicable Florida law.
ARTICLE 5
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise
modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will affect the monthly compensation
accordingly. Such changes or additional services must be in accordance with the provisions of the
Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the
parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the
terms of this Agreement, including the initiation of any additional or extra work.
5.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
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ARTICLE 6
INDENINIFICATION
The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the
fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees
from and against claims, actions, liabilities, losses (including economic losses), or costs arising
out of any actual or alleged:
6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting from, 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 negligent act,
error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the performance
of the work;
6.2 violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its
subcontractors in the performance of the work;
6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other
party performing the work;
6.4 claims related to collection practices or any actions of a contradictory nature
pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner.
6.5 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that
Florida Statutes §725.06 requires a specific consideration be given therefor. The parties therefore
agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is
the specific consideration for such indemnities, and the providing of such indemnities is deemed to
be part of the specifications with respect to the services to be provided by CONTRACTOR.
Furthermore, the parties understand and agree that the covenants and representations relating to this
indemnification provision shall serve the term of this Agreement and continue in full force and effect
as to the party's responsibility to indemnify.
ARTICLE 7
INSURANCE
7.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self -insured retentions.
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7.2 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 BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
7.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply "Per Job";
b. "The City of Dania Beach, Florida" is added as a named "Additional Insured";
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor's insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
7.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons
fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of
the agreement, including any applicable warranty period(s), and it is to apply to all "statutory
employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers' Compensation
Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers' Liability Limits Part B.
7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
7.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to
be confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days' Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non -owned vehicles.
7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a) "The City of Dania Beach" is added as a named "Additional Insured";
b) 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
c) Waiver of Subrogation.
7.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
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7.12.1 "Official" Certificates of Insurance must be delivered to the City Clerk's office and
Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth
(14'') Business Day after the issuance by the City of the "Notice of Intent to Award", then the City
has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate
a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the "Official" certificates.
7.12.2 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S
KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's
rating shall drop, the insurance carrier shall immediately notify the City in writing.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 This Agreement does not create an employee/employer relationship between the
parties. It is the intent of the parties that the CONTRACTOR is an independent Contractor under this
Agreement and not the CITY's employee for all purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance
law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further
that administrative procedures applicable to services rendered under this Agreement shall be those of
CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, H.U.D., or
United States policies, rules or regulations relating to the use of CONTRACTOR's Funds provided
for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the
CITY, that it has full opportunity to find other business, that it has made its own investment in its
business, and that it will utilize a high level of skill necessary to perform the work. This Agreement
shall not be construed as creating any joint employment relationship between the CONTRACTOR
and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 9
GOVERNING LAW, VENUE, FEES
9.1 This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be in Broward County,
Florida.
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9.2 All claims, counterclaims, disputes and other matters in question between City and
CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or
the services of it, or the standard of performance required in it, shall be addressed by resort to non-
binding mediation as authorized under the laws and rules of Florida; 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.
9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a
court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement
shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida,
or the federal District Court in the Southern District of the United States. Each party further agrees
that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of
any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or
the standard of performance required in it, the prevailing party shall be entitled to recover
reasonable attorney fees from the non -prevailing party.
9.4 Operations During Dispute. In the event that a dispute, if any, arises between the
City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the
CONTRACTOR agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
ARTICLE 10
PUBLIC RECORDS
10.1 CONTRACTOR shall maintain books, records, documents and other evidence
directly pertinent to performance of work under this Agreement in accordance with generally
accepted accounting principles and practices. The CONTRACTOR shall also maintain the
financial information and data used by the CONTRACTOR in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such
books, records, documents and other evidence for inspection, audit and copying during normal
business hours. The CONTRACTOR will provide proper facilities for such access and inspection.
Audits conducted under this section shall observe generally accepted auditing standards and
established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119
of the Florida Statutes, may have application to records or documents pertaining to this Agreement
and CONTRACTOR acknowledges that such laws have possible application and agrees to comply
with all such laws.
10.2 Upon request from the City custodian of public records, CONTRACTOR shall
provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
10.3 Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
10.4 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the CONTRACTOR shall
be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7)
days. All such records stored electronically by CONTRACTOR shall be delivered to the City in
a format that is compatible with the City's information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the
CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
10.5 Any compensation due to CONTRACTOR shall be withheld until all records are
received as provided in this Agreement.
10.6 CONTRACTOR's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the City.
Section 119.0701.(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera(a,daniabeach fl.gov
ARTICLE 11
NOTICES
11. Notices. Except as provided above, whenever either party desires to give notice to
the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Jorge Paz, President
Kalas, Corp.
12565 Orange Drive, #410
Davie, Florida 33330
ARTICLE 12
SCRUTINIZED COMPANIES — 287.135 AND 215.473
SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to
observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the
performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may
immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall
become inoperative.
ARTICLE 13
E-VERIFY
A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees. Contractor shall register for and
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of-
(i) All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
(ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to
perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges
and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify
System during the term of the contract is a condition of the contract with the City of Dania Beach;
and
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(iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. CONTRACTOR shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration
of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not
a breach of contract and may not be considered as such. If this contract is terminated for a violation
of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract
for a period of one (1) year after the date of termination.
ARTICLE 14
SOVEREIGN IMMUNITY
14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity
bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of
this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert
any claims against the CONTRACTOR, unless the claim is based upon a breach by the
CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR
is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the
public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that
regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges
that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties
or representations not specifically set forth in this Agreement, as the parties stipulate
that there are no such implied warranties or representations of the CONTRACTOR.
All obligations of the CONTRACTOR are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Consultants, agents, or any CONTRACTOR employee; and
d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the CONTRACTOR and the
CITY.
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ARTICLE 15
MISCELLANEOUS
15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided
in connection with this Agreement are and shall remain the property of CITY whether or not the
project for which they are made is completed. City hereby agrees to use CONTRACTOR's work
product for its intended purposes.
15.2 Records. he Consultant shall maintain accurate and complete financial records of
its activities and operations relating to this Agreement in accordance with generally accepted
accounting principles. Consultant shall maintain adequate records to justify all charges and costs
incurred in performing the services for at least three (3) years after completion of this Agreement.
Consultant agrees that Consultant, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records
relating to this Agreement during normal business hours. All such materials shall be maintained
by Consultant at a location in Broward County, Florida; provided that if any such material is
located outside Broward County, then, at Consultant's option Consultant shall pay Consultant for
travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or
transcribe such material at such other location. Consultant shall make a reasonable effort to
maintain the confidentiality of such audit report( s).
15.3 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR
without the prior written consent of CITY. For purposes of this Agreement, any change of ownership
of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the benefit of CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for CONTRACTOR to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, CITY shall have
the right to terminate the Agreement without liability at its discretion, to deduct from the contract
price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
15.6 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
12
15.7 Headings. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
15.9 Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or
agreements, either written or oral.
15.11 Legal Representation. It is acknowledged that each party was represented by
counsel in the preparation of and contributed equally to the terms and conditions of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply herein due to the joint contributions of both parties.
15.12 Counterparts and Execution. This Agreement may be executed in multiple
originals or counterparts, each of which shall be deemed to be an original and together shall constitute
one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party through
facsimile transmission, email, or other electronic delivery.
15.13 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project Work. The
CONTRACTOR shall comply with the rules and regulations of the Florida Department of
Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set
forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
The CONTRACTOR certifies that all materials and equipment to be supplied for the
Project will meet all federal and state requirements, including but not limited to, the Occupational
Safety and Health Act (OSHA).
15.14 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
13
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
14
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
15
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ARCHIBALD J. RYAN IV
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: , 2023
CONTRACTOR:
Kailas, Corp.
a Florida corporation
WITNESSES:
SIGNATURE SIGNATURE
Jorge Paz
PRINT Name PRINT Name
President
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on , 20___, by Jorge Paz as President of Kailas
Corp., a Florida corporation. He/She is personally known to me or has produced
as identification.
My Commission Expires:
16
NOTARY PUBLIC
State of Florida
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AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on 52023,
between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an
address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Hinterland Group,
Inc. ("Contractor") a Florida corporation with a mailing address of 2051 West Blue Heron
Boulevard, Riviera Beach, Florida 33404, for services related to City Invitation to Bid ("ITB") No.
23-007, entitled, "Storm Sewer and Sewer Main Cleaning and Repair Services".
WITNESSETH:
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and for other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
ARTICLE 1
PREMABLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based.
1.1 On June 5, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a
CONTRACTOR to provide storm sewer and sewer main cleaning and repair services as more
particularly described in Exhibit "A", attached hereto and by this reference made a part hereof, for
the said bid entitled:
ITB NO.23-007
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
1.2 On July 10, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach
Boulevard, Northwest Conference Room.
1.3 On October 24, 2023, the CITY awarded the bid to CONTRACTOR and approved an
agreement with CONTRACTOR consistent with the terms and conditions set forth herein.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR hereby agrees to provide the services for electric motor and pump repair, as
more particularly described in Exhibit "A", and CONTRACTOR's response thereto, attached hereto
and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by this
Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award complete
with proposal form. In the event of any conflicts between this Agreement, Exhibit A and Exhibit B,
this Agreement shall prevail, followed by Exhibit A, and Exhibit B, thereafter.
2.2 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as
may be required in the performance of this Agreement, except as otherwise specifically provided for
herein, and all work performed under this Agreement shall be done in a professional manner.
2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR
has the professional expertise, experience and manpower to perform the services to be provided by
CONTRACTOR pursuant to the terms of this Agreement.
2.4 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards of good
engineering practice. If within one year following completion of its services, such services fail to
meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing,
CONTRACTOR agrees to re -perform such deficient services without charge to the CITY.
2.5 CONTRACTOR shall not utilize the services of any sub -Contractor without the prior written
approval of CITY.
ARTICLE 3
TERM AND TERIVIINATION
3.1 The term of this Agreement shall be for three (3) years, commencing on November 15, 2023,
and terminating on November 14, 2026. This Agreement may be renewed for up to two (2) additional
one (1) year terms, subject to the written consent and agreement between the Parties.
3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the
City may terminate this Agreement at any time for any reason or no reason at all by giving the
CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office
of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the
Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agreement up
to the date of receipt of Notice of termination. Such compensation shall be based on the percentage
of work completed, as fairly and reasonably determined by City after conferring with
CONTRACTOR.
3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for
cause, City will provide CONTRACTOR twenty (20) days' advance written notice to the
CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within
that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated
and the City will pay CONTRACTOR for work completed less any costs, expenses and damages
incurred by City as a result of such termination. If a court of competent jurisdiction determines
2
that the termination was not authorized under the circumstances then the termination shall be
deemed to be a termination for convenience.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
Payment for Services. City agrees to pay CONTRACTOR a fee or fees as determined based upon
the scope of work identified by the City to provide services related to the specified project. There
will be a not -to -exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year
for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking
any services outside of CONTRACTOR's scope and pricing as identified in Exhibit "A", as "Costs
not included with proposal", CONTRACTOR shall adhere to the foregoing:
4.1. Any necessary additional work, as determined by City, which is not covered by the
scope of service, shall not be undertaken without a written amendment to authorizing a Work Order
executed by both parties in advance of any new or additional work.
4.2. CONTRACTOR shall submit its invoices in the format and with supporting
documentation as may be required by City.
4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty
(30) calendar days from date of approval of each of CONTRACTOR's invoices by the City
Manager, up to the maximum amount of the proposal contained in Exhibit A. If any errors or
omissions are discovered in any invoice, City will inform CONTRACTOR and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an
invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly
conferring to resolve the disputed portion.
4.4. Any invoice which is not timely paid as prescribed above will be subject to the
accrual of interest at the statutory rate prescribed by applicable Florida law.
ARTICLE 5
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise
modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will affect the monthly compensation
accordingly. Such changes or additional services must be in accordance with the provisions of the
Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the
parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the
terms of this Agreement, including the initiation of any additional or extra work.
5.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
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ARTICLE 6
INDEMNIFICATION
The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the
fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees
from and against claims, actions, liabilities, losses (including economic losses), or costs arising
out of any actual or alleged:
6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting from, 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 negligent act,
error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the performance
of the work;
6.2 violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its
subcontractors in the performance of the work;
6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other
party performing the work;
6.4 claims related to collection practices or any actions of a contradictory nature
pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner.
6.5 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that
Florida Statutes §725.06 requires a specific consideration be given therefor. The parties therefore
agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is
the specific consideration for such indemnities, and the providing of such indemnities is deemed to
be part of the specifications with respect to the services to be provided by CONTRACTOR.
Furthermore, the parties understand and agree that the covenants and representations relating to this
indemnification provision shall serve the term of this Agreement and continue in full force and effect
as to the parry's responsibility to indemnify.
ARTICLE 7
INSURANCE
7.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self -insured retentions.
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7.2 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 BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
7.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply "Per Job";
b. "The City of Dania Beach, Florida" is added as a named "Additional Insured";
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor's insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
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7.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons
fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of
the agreement, including any applicable warranty period(s), and it is to apply to all "statutory
employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers' Compensation
Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers' Liability Limits Part B.
7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
7.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to
be confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days' Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non -owned vehicles.
7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a) "The City of Dania Beach" is added as a named "Additional Insured";
b) 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
c) Waiver of Subrogation.
7.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
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7.12.1 "Official" Certificates of Insurance must be delivered to the City Clerk's office and
Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth
(141h) Business Day after the issuance by the City of the "Notice of Intent to Award", then the City
has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate
a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the "Official" certificates.
7.12.2 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S
KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's
rating shall drop, the insurance carrier shall immediately notify the City in writing.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 This Agreement does not create an employee/employer relationship between the
parties. It is the intent of the parties that the CONTRACTOR is an independent Contractor under this
Agreement and not the CITY's employee for all purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance
law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further
that administrative procedures applicable to services rendered under this Agreement shall be those of
CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, H.U.D., or
United States policies, rules or regulations relating to the use of CONTRACTOR's Funds provided
for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the
CITY, that it has full opportunity to find other business, that it has made its own investment in its
business, and that it will utilize a high level of skill necessary to perform the work. This Agreement
shall not be construed as creating any joint employment relationship between the CONTRACTOR
and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 9
GOVERNING LAW, VENUE, FEES
9.1 This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be in Broward County,
Florida.
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9.2 All claims, counterclaims, disputes and other matters in question between City and
CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or
the services of it, or the standard of performance required in it, shall be addressed by resort to non-
binding mediation as authorized under the laws and rules of Florida; 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.
9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a
court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement
shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida,
or the federal District Court in the Southern District of the United States. Each party further agrees
that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of
any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or
the standard of performance required in it, the prevailing party shall be entitled to recover
reasonable attorney fees from the non -prevailing party.
9.4 Operations During Dispute. In the event that a dispute, if any, arises between the
City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the
CONTRACTOR agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
ARTICLE 10
PUBLIC RECORDS
10.1 CONTRACTOR shall maintain books, records, documents and other evidence
directly pertinent to performance of work under this Agreement in accordance with generally
accepted accounting principles and practices. The CONTRACTOR shall also maintain the
financial information and data used by the CONTRACTOR in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such
books, records, documents and other evidence for inspection, audit and copying during normal
business hours. The CONTRACTOR will provide proper facilities for such access and inspection.
Audits conducted under this section shall observe generally accepted auditing standards and
established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119
of the Florida Statutes, may have application to records or documents pertaining to this Agreement
and CONTRACTOR acknowledges that such laws have possible application and agrees to comply
with all such laws.
10.2 Upon request from the City custodian of public records, CONTRACTOR shall
provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
10.3 Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
10.4 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the CONTRACTOR shall
be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7)
days. All such records stored electronically by CONTRACTOR shall be delivered to the City in
a format that is compatible with the City's information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the
CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
10.5 Any compensation due to CONTRACTOR shall be withheld until all records are
received as provided in this Agreement.
10.6 CONTRACTOR's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera(a�daniabeachtl.gov
ARTICLE 11
NOTICES
11. Notices. Except as provided above, whenever either party desires to give notice to
the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
WE
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Daniel A. Duke, III, President
Hinterland Group, Inc.
2051 West Blue Heron Boulevard
Riviera Beach, Florida 33404
ARTICLE 12
SCRUTINIZED COMPANIES — 287.135 AND 215.473
SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to
observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the
performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may
immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall
become inoperative.
ARTICLE 13
E-VERIFY
A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees. Contractor shall register for and
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of-
(i) All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
(ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to
perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges
and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify
System during the term of the contract is a condition of the contract with the City of Dania Beach;
and
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(iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. CONTRACTOR shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration
of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not
a breach of contract and may not be considered as such. If this contract is terminated for a violation
of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract
for a period of one (1) year after the date of termination.
ARTICLE 14
SOVEREIGN IMMUNITY
14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity
bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of
this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert
any claims against the CONTRACTOR, unless the claim is based upon a breach by the
CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR
is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the
public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that
regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges
that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties
or representations not specifically set forth in this Agreement, as the parties stipulate
that there are no such implied warranties or representations of the CONTRACTOR.
All obligations of the CONTRACTOR are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Consultants, agents, or any CONTRACTOR employee; and
d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the CONTRACTOR and the
CITY.
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ARTICLE 15
MISCELLANEOUS
15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided
in connection with this Agreement are and shall remain the property of CITY whether or not the
project for which they are made is completed. City hereby agrees to use CONTRACTOR's work
product for its intended purposes.
15.2 Records. he Consultant shall maintain accurate and complete financial records of
its activities and operations relating to this Agreement in accordance with generally accepted
accounting principles. Consultant shall maintain adequate records to justify all charges and costs
incurred in performing the services for at least three (3) years after completion of this Agreement.
Consultant agrees that Consultant, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records
relating to this Agreement during normal business hours. All such materials shall be maintained
by Consultant at a location in Broward County, Florida; provided that if any such material is
located outside Broward County, then, at Consultant's option Consultant shall pay Consultant for
travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or
transcribe such material at such other location. Consultant shall make a reasonable effort to
maintain the confidentiality of such audit report( s).
15.3 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR
without the prior written consent of CITY. For purposes of this Agreement, any change of ownership
of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the benefit of CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for CONTRACTOR to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, CITY shall have
the right to terminate the Agreement without liability at its discretion, to deduct from the contract
price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
15.6 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
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15.7 Headings. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
15.9 Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or
agreements, either written or oral.
15.11 Legal Representation. It is acknowledged that each party was represented by
counsel in the preparation of and contributed equally to the terms and conditions of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply herein due to the joint contributions of both parties.
15.12 Counterparts and Execution. This Agreement may be executed in multiple
originals or counterparts, each of which shall be deemed to be an original and together shall constitute
one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party through
facsimile transmission, email, or other electronic delivery.
15.13 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project Work. The
CONTRACTOR shall comply with the rules and regulations of the Florida Department of
Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set
forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
The CONTRACTOR certifies that all materials and equipment to be supplied for the
Project will meet all federal and state requirements, including but not limited to, the Occupational
Safety and Health Act (OSHA).
15.14 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
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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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ARCHIBALD J. RYAN IV
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated:
2023
WITNESSES:
SIGNATURE
PRINT Name
SIGNATURE
PRINT Name
STATE OF FLORIDA
COUNTY OF
CONTRACTOR:
Hinterland Group. Inc.
a Florida corporation
SIGNATURE
Daniel A. Duke, III
PRINT Name
President
Title
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on , 20___, by Daniel A. Duke, III as President
of Hinterland Group, Inc. a Florida corporation. He/She is personally known to me or has
produced
My Commission Expires:
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as identification.
NOTARY PUBLIC
State of Florida
ITB 23-007: STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES
EXIIIBIT `B' BID FORM
Category
Line Item
Quantity
Unit
Unit Price
Total Price
A. Sewer Cleaning and
Sewer Cleaning in 12" Pipe
150
FT
$
12.00 $
1,800.00
Inspection
Sewer Cleaning in 15" to 24" Pipe
150
FT
$
12.00 $
1,800.00
Video recording of Storm Sewer (all sizes)
350
FT
S
6.00 $
2,100.00
Clear obstruction or blockage in sanitary sewer
8
Hour
$
1,500.00 $
12,000.00
or storm sewer
Emergency call out day or night (2 hours
50
Call
$
7,500.00 $
375,000.00
response)
B. Grouting and Leak Repair
Grouting of Leaking Joints in 6" - 12" Pipe
65
Each
$
500.00 $
32,500.00
Grouting of leaking joints in 15" - 18" pipe
45
Each
$
700.00 $
31,500.00
Grouting of leaking joints in 24" - 30" pipe
45
Each
$
900.00 $
40,500.00
Grouting of leaking manholes 0 - 6 ft. deep
15
Each
$
5,000.00 $
75,000.00
Grouting of leaking manholes 6 ft-1" - 12 ft.
10
Each
$
6,000.00 $
60,000.00
deep
Grouting of leaking manholes 12ft -1" and
10
Each
$
7,000.00 $
70,000.00
deeper
Grouting of leaking laterals
20
Lateral
$
800.00 $
16,000.00
C. Cleaning and Root or
Grease Removal
Cleaning 12" - 24" storm sewer
500
Ln. Ft.
$
18.00 $
9,000.00
Root or Grease Removal 12" - 24" sewer
250
Ln. Ft.
$
25.00 $
6,250.00
Cleaning 30" - 42" storm sewer
400
Ln. Ft.
$
45.00 $
18,000.00
Root or Grease Removal 30" - 42" storm sewer
25
Ln. Ft.
$
80.00 $
2,000.00
Cleaning 48" - 60" storm sewer
400
Ln. Ft.
$
75.00 $
30,000.00
Root or Grease Removal 48" - 60" storm sewer
25
Ln. Ft.
$
100.00 $
2,500.00
D. Manhole Maintenance
Cleaning storm sewer catch basin manholes 1
50
Each
$
450.00 $
22,500.00
fL-6 ft. deep
Cleaning storm sewer catch basin manholes 6
ft.-1" -10 ft. deep
25
Each
$
600.00 $
15,000.00
Cleaning storm sewer catch basin manholes 10
ft-1" -16 ft. deep
10
Each
$
2,000.00 $
20,000.00
E. Dewatering Equipment
Dewatering with 4" centrifugal pump (20 ft.
and Services
suction and 100 ft. discharge hose)
72
Hour
$
650.00 $
46,800.00
3" discharge hose 100 ft. sections
10
Each
$
1,000.00 $
10,000.00
4" discharge hose 100 ft. sections
15
Each
S
1,200.00 $
18,000.00
Suction Hose 100Ft Sections
10
Each
$
2,500.00 $
25,000.00
F. Point Repair Services
Point repair (8" pipe) up to 9 linear feet
15
Each
$
26,000.00 $
390,000.00
Additional charge (B" pipe) per linear foot
15
Ln. Ft.
$
1,200.00 $
18,000.00
Point repair (10" pipe) up to 9 linear feet
15
Each
$
30,000.00 $
450,000.00
Additional charge (10" pipe) per linear foot
20
Ln. Ft.
$
1,400.00 $
28,000.00
Point repair (12" pipe) up to 9 linear feet
20
Each
$
32,000.00 $
640,000.00
Additional charge (12" pipe) per linear foot
20
Ln. Ft.
$
1,800.00 $
36,000.00
Point repair (15" pipe) up to 9 linear feet
20
Each
$
38,000.00 $
760,000.00
Additional charge (15" pipe) per linear foot
20
Ln. Ft.
$
2,400.00 $
48,000.00
G. Miscellaneous Services 6" vacuum assisted point pump, delivered to
thejob site
10
Day
$
1,000.00
$ 10,000.00
By-pass pumping of sewage for
$
6,000.00
collapsed/blocked line with 6" pump, 20- ft.
suction and minimum 500-ft. discharge hose
10
Day
$ 60,000.00
Grout 6" pipe in place for abandonment
200
FT
$
20.00
$ 4,000.00
Grout 8" pipe in place for abandonment
200
FT
$
24.00
$ 4,800.00
Grout 10" pipe in place for abandonment
150
FT
$
28.00
$ 4,200.00
Grout 12" pipe in place for abandonment
150
FT
$
32.00
$ 4,800.00
Use of 6" Sloan Pump
5
Day
$
3,400.00
$ 17,000.00
Material Disposal
30
CY
$
500.00
$ 15,000.00
Concrete Repairs
10
SY
$
500.00
$ 5,000.00
Concrete Collars
10
Each
$
2,400.00
$ 24,000.00
Asphalt Repairs
10
SY
$
650.00
$ 6,500.00
Brush Removal
15
SF
$
250.00
$ 3,750.00
Baffle Replacement
20
Each
$
4,500.00
$ 90,000.00
Sod Replacement and Grading
20
SY
$
100.00
$ 2,000.00
Security Chain Replacement
15
Ln. Ft.
$
200.00
$ 3,000.00
Grate Replacement
5
Each
$
3,200.00
$ 16,000.00
H. Labor Foreman
1
Hour
$
225.00
$ 225.00
Laborer
1
Hour
$
165.00
$ 165.00
Bid Total
$ 3,583,690.00
CITY OF DANIA BEACH, FLORIDA
MANIA BEACH
q,k{• ;'.i it toad I
STORM SEWER AND SEWER MAIN CLEANING
AND REPAIR SERVICES
CITY INVITATION TO BID ("ITB.") NO. 23-007
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JUNE 59 2023
TABLE OF CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE -BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION 1
INTRODUCTION AND INFORMATION
SECTION 2
NO BIDS
SECTION 3
CAUSES FOR REJECTION OF A BID
SECTION 4
INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
SECTION 5
GENERAL CONDITIONS
SECTION 6
SPECIAL CONDITIONS
SECTION 7
PUBLIC ENTITY CRIMES STATEMENT
SECTION 8
PRICES, TERMS ARE TO BE FIRM
SECTION 9
BID SECURITY
SECTION 10
PROTECTION OF PROPERTY
SECTION 11
TRASH
SECTION 12
INSTRUCTIONS TO BIDDERS
SECTION 13
RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
SECTION 14
NON -COLLUSION STATEMENT
SECTION 15
FLORIDA TRENCH SAFETY ACT
SECTION 16
MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
SECTION 17
PUBLIC RECORDS
SECTION 18
SUCCESSORS AND ASSIGNS
SECTION 19
QUALIFICATION OF BIDDERS
SECTION 20
CONTRACTOR'S RELATION TO THE CITY
SECTION 21
EMPLOYEES OF THE CONTRACTOR
SECTION 22
AVAILABILITY OF FUNDS
SECTION 23
LICENSES, PERMITS AND FEES
SECTION 24
TERMINATION OF AGREEMENT
SECTION 25
TERMINATION OF AGREEMENT FOR CAUSE
SECTION 26
INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
SECTION 27
INSURANCE REQUIREMENTS
SECTION 28
SAFETY
SECTION 29
WARRANTY
SECTION 30
RESPONSIBLE BIDDER
SECTION 31
CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
SECTION 32
BILLING PROCEDURE
SECTION 33
PROGRESS PAYMENTS
SECTION 34
BID PROTEST PROCEDURE
SECTION 34
LITIGATION
SECTION 35
CONTRACT AWARD AND EXECUTION
SECTION 36
CONE OF SILENCE
SECTION 37
ADDITIONAL GENERAL CONDITIONS
2
EXHIBIT "A"
BIDDER QUALIFICATIONS
EXHIBIT `B"
BID FORM
EXHIBIT "C"
PERFORMANCE BOND
EXHIBIT "D"
PAYMENT BOND
EXHIBIT "E"
BIDDER'S QUESTIONNAIRE
EXHIBIT "F"
SWORN STATEMENT UNDER SECTION §287.133(3)(a), F.S., FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES
EXHIBIT "G"
NON -COLLUSION AFFIDAVIT
EXHIBIT "H"
INDEPENDENCE AFFIDAVIT
EXHIBIT "I"
REFERENCES
EXHIBIT "J"
BID BOND
EXHIBIT "K"
BID SECURITY
EXHIBIT "L"
ACKNOWLEDGMENT OF ADDENDA
EXHIBIT "M"
CERTIFICATION TO ACCURACY OF BID
EXHIBIT "N"
DRUG -FREE WORKPLACE CERTIFICATION
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
ITB 23-007
NOTICE TO BIDDERS
NOTICE IS GIVEN that the City of Dania Beach, Florida (the "City" or "Owner") will be
accepting sealed Bids for its "STORM SEWER AND SEWER MAIN CLEANING AND
REPAIR SERVICES, ITB 23-007".
Bids will be accepted on DemandStar until July 5, 2023, at 10:00 AM. Bids received after this
time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements
until the response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from www.demandstar.com or from the City Website at
www.daniabeachfl.gov.
MANDATORY PRE -BID CONFERENCE
A MANDATORY Pre -bid conference will be held VIRTUALLY on June 16, 2023 at 10:00 a.m.
All Bidders and interested persons are required 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 City website,
www.daniabeachfl. ov, and www.demandstar.com for all interested persons identified by the
Owner as having received the Bid Documents. The Bidder is required to check these sites 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.
Bids from those who have failed to attend will not be opened. Bidders arriving past the indicated
time will not be eligible to submit a Bid. Interested Bidders my join the meeting with this link:
4
https://daniabeachfl-
gov.zoom.us/j/82086683673?pwd=YkoyWUJWeVhOT1ZPTi9sZU 1 KeW1hQT09
BID DOCUMENTS
Bids must be submitted electronically on DemandStar, the City's designated electronic bidding
system. All bid document files must be clearly labeled "STORM SEWER AND SEWER MAIN
CLEANING AND REPAIR SERVICES, ITB 23-007' .
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 certified check, cashier's check, bank officer's check, or bid bond for Ten Thousand Dollars
($10,000.00), made payable to the City of Dania Beach shall accompany each proposal.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid
due date referenced above using Zoom meeting software, on the above stated date. Award of a
contract will be made at a subsequent City Commission meeting
All bidders are advised that the City has not authorized the use of the City seal 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: June 5, 2023
,,STORM SEWER AND SEWER MAIN CLEANING AND
REPAIR SERVICES91)
ITB 23-007
SITE PLANS, DRAWINGS AND TECHNICIAL SPECIFICATIONS ARE
POSTED ON CITY WEBSITE AND DEMANDSTAR
SECTION 1 - INTRODUCTION AND INFORMATION
1.1 SCOPE
1.1.1 The City of Dania Beach, Florida (the "City" or "Owner"), is actively seeking bids
from qualified Contractors (the "Contractor"), for a project known as "STORM SEWER AND
SEWER MAIN CLEANING AND REPAIR SERVICES, ITB 23-007". The City
is seeking a qualified contractor to provide cleaning and regular maintenance of storm sewers and
sewer mains, as well as emergency flood response services. The selected contractor will be
responsible for providing all necessary labor, equipment, materials, transportation and disposal for
the cleaning and maintenance of City storm sewers and sewer mains. Emergency services for
flooding must be provided within a 24-hour response time.
Proper maintenance of the stormwater system is essential to reduce the level and frequency of
flooding. This contract will ensure that city streets and properties receive the benefit of proper
drainage and maintenance. Work is to be completed in accordance with the specifications outlined
as follows:
a. GUIDELINES: Operations are to be performed in accordance with the National
Association of Sewer Service Companies (NASSCO) Specification Guidelines for
Sewer Collection System Maintenance and Rehabilitation, eighth edition, January 1994
or as amended.
b. SCHEDULES: A detailed work schedule shall be submitted by the Contractor(s) and
approved by the City before commencement of work each week. Should there be any
changes in the schedule submitted by the Contractor(s), the Contractor(s) is to notify the
City at once. The City reserves the right to make changes to the schedule as needed.
C. TRAFFIC CONTROL: The Contractor(s) shall be responsible for training and
compliance with all OSHA standards pertaining to confined space entry and D.O.T.
regulations for traffic control. City's representative reserves the right to shut down any
job site for unsafe conditions.
d. SERVICE RESPONSE: Service must begin within two (2) hours of notification.
Contractor(s) who do not meet this requirement may be considered non -responsive.
e. EMERGENCY CALL OUT: Emergency call -out is responding on short notice to
perform any of the services listed in this ITB. This may be required outside of normal
working hours such as after 4:00 p.m. or on weekends or holidays. Emergency call
out response time will be two (2) hours after initial contact with Contractor(s). The
Contractor(s) should submit and maintain a valid emergency list consisting of no less
than five (5) local contact numbers for no less than three (3) company representatives
to be submitted with the bid or upon request.
f. CLEANING: The intent of sewer line cleaning shall be to remove sand, silt, dirt, roots,
rags, grease and other material from the lines and restoring the line to a minimum 95%
of the original vertical height of the pipe. All debris is to be removed from the
downstream manhole using a vacuum extraction unit. The evaluation of the condition
of these sewers depends extensively on the cleanliness of the lines; the importance of
7
this operation is emphasized. Acceptance of sewer line cleaning shall be made upon the
successful completion of the video inspection and must be to the satisfaction of the City.
g. MATERIAL REMOVAL: All rocks, sand, dirt, grease and other materials removed
during the cleaning operation shall be removed at the downstream manhole of line
section being cleaned. Passing material from manhole section to manhole section will be
deemed unacceptable, unless instructed by the City in emergency situations. All debris
from cleaning is to be removed with a vacuum extraction unit and disposed of by the
Contractor(s) to a Department of Natural Resource Protection (DNRP) approved
disposal site. Equipment used to remove debris is required to have necessary state and
county licenses for transporting and dumping sewer debris.
h. ROOT REMOVAL: Roots shall be removed from any and all lines where root
intrusion is a problem. This may be achieved by using root cutters, porcupines,
(approved) chemical root treatment and/or high -velocity jet cleaners. Lines still
containing heavy roots or blocked by roots will be deemed unacceptable and no
payment will be made for that line section until all roots are removed.
i. CONDITIONS: It is recognized that there are some conditions, such as broken pipe
and major blockages that prevent cleaning being accomplished or where additional
damage could result if cleaning were to continue. Should such conditions be
encountered, the Contractor(s) shall immediately notify the City. The Contractor(s)
will not be required to clean those specific sewer sections unless so instructed by the
City.
PRECAUTIONS: Cleaning precautions shall be taken in the use of cleaning equipment.
When operating equipment which depends on water pressure to provide its cleaning
force or tools which retard the flow in the sewer, precautions shall be taken to insure that
the water pressure does not damage the surrounding area or cause flooding of public or
private property being served by the sewer. In the event property damage does occur
from water pressure during the cleaning operation, the Contractor(s) will be responsible
to make restitution to the damaged party(ies).
k. JET VACUUM EOUIPMENT: All combination hydro -cleaning equipment shall be
capable of removing dirt, sand, rocks, grease, debris and obstructions from gravity sewer
lines. The equipment shall have a minimum of (3) three nozzles producing a scouring
action of 15 to 45 degrees at a minimum of 2,000 PSI (pounds per square inch) in all size
lines designated to be cleaned. The equipment must afford a high -velocity handgun to
be used for washing and scouring the walls and floor of each manhole connected to sewer
lines being cleaned. The equipment is required to be equipped with an anti -siphon filler
device to prevent contamination of the water systems. The equipment shall carry its own
water tank, auxiliary engines, pumps, hydraulically- driven hose reel and vacuum system
to complete the cleaning operation. Any other equipment needed to facilitate easement
cleaning shall be provided by the Contractor(s) at no cost to the City.
1. WATER SUPPLY: Water used for all work shall be furnished by the City, however, all
water must be metered through the City's meter. Failure by the Contractor(s) to meter the
water could result in his being fined or charged for estimated water used.
in. ACCEPTANCE OF CLEANING OPERATION: If the video inspection shows
the cleaning to be unsatisfactory, the Contractor(s) shall be required to re -clean and re-
inspect the sewer line until the cleaning is shown to be acceptable by the City
representative. In the areas where video inspection is not performed by the Contractor(s),
the City, at its own discretion may film "clean only" lines and if found to be
unsatisfactory, shall be re -cleaned by the Contractor(s) at no cost to the City.
All lines which have sags or dips, to an extent that the video camera lens becomes
submerged for three (3) or more linear feet during the inspection and if jetting is not able
to evacuate the dip, the Contractor(s) shall pull a double squeegee and/or sponges
through the lines in order to remove the water from those dips or sags.
Water removal shall be performed until the camera lens is no longer submerged. This
requirement may be waived by the City if the water in which the camera lens is submerged
is clean enough to allow the identification or heavy sand infiltration entering in the line
section.
n. VIDEO INSPECTION: The color camera used for the inspection shall be one
specifically designed and constructed for inspection of sewer lines. It shall be capable
of panning 275 degrees and rotating 360 degrees to enable complete inspection of pipe
periphery and lateral connections at the main. Lighting for the camera shall be sufficient
to allow a clear picture of the entire periphery of the pipe and laterals. In no case shall
the camera be pulled/crawled through the pipe at a speed greater than 30 ft./minute. If,
during the inspection operation, the camera will not pass through the entire section of
pipe, the Contractor(s) shall set up the equipment at the opposite manhole. It will be
required that the Contractor(s) make use of a tractor/crawler to effect this process in the
event the line has an obstruction. If the camera again fails to pass through the entire
section of pipe, the inspection shall be considered complete.
The importance of accurate distance measurement is emphasized.
Measurements for location of defects shall be above ground by means of an
electronic metering device. Marking of the cable, or the like, will not be
acceptable. This information as well as accurate manhole numbers shall be
recorded on the electronic video media for each line segment recorded.
o. MANHOLE REPORTS: When performing video inspections or preventive
maintenance cleaning, the Contractor(s) will be required to complete and submit a
manhole inspection report for all manholes encountered. The report forms shall be
supplied by the City for reproduction and will include, but are not limited to the
following items:
1. Manhole condition
2. Rim and cover condition
9
3. Bench condition
4. Manhole depth
5. Rate of inflow/infiltration
6. Manhole size
7. Area subject to ponding
NOTE: Due to some easement conditions the Contractor(s) will be responsible for arranging
access to manholes as well as locating and uncovering them as needed. Any manholes located
below grade are to be brought to the City representative's attention in writing, so corrections can
be made.
P. ELECTRONIC VIDEO MEDIA: The purpose of video recordings shall be to supply
a visual and audio recording of lines inspected so they may be replayed at a later date.
The video inspection shall be video recorded on high quality, VHS or DVD COLOR
format tapes. All videotaping shall be performed at SP mode (standard play, 2
hours/tape or best quality speed on DVD). Each video recording shall be clearly labeled
with the individual manhole numbers clearly listed in order of record. The video
recordings are to be furnished to the City with a printed hard copy and electronic data
inspection report at the completion of each week's work 1 become the property of the
City.
q. VOICE NARRATION: The Contractor(s) shall discuss the terminology to be used for
audio narration operations with the City. The intent is to be compatible with
terminology used by the Public Services Department. Use of non- agreed upon
standard terminology will be cause for rejection and subsequently delay of payment.
r. ACCEPTANCE: Electronic video media displaying poor video quality will be deemed
unacceptable and no payment will be made until lines are re -recorded. Poor video refers
to, but is not limited to, the following: grease or debris on the lens, camera underwater,
picture too dark, pictures unclear, poor/no audio, etc.
S. ENGINEERING INSPECTION: Video inspection refers only to inspection of newly
installed pipe. No compensation will be paid for cleaning as this is the responsibility of
the installation Contractor(s). It will be required for the Contractor(s) to make use of a
tractor/crawler for this task. The electronic video media is to be given to the Public
Services Department, furnished in color, using the VHS or DVD format and delivered
to the City within forty-eight hours of actual inspection.
t. CHEMICAL GROUTING: The intent of chemical sealing is to eliminate sources or
possible sources of inflow/infiltration within the sewer system by means of injection.
The application of the sealing grout shall be by means of remote -controlled equipment
designed to be positioned at the specific defect to be sealed. Sufficient pressure must be
introduced to pass the grout through the opening and fill the voids outside the
pipe/manhole as well as the opening in the pipe/manhole walls. All line segments to be
grouted shall be air tested and video recorded on VHS tapes or DVD media for review.
U. GROUT PIPE IN PLACE FOR ABANDONMENT: The intent of this item is to
grout fill pipe in place to remove it from service. These pipes will be, but are not limited
to, water mains, sanitary sewer gravity mains and force mains. The Contractor(s) will
be responsible for supplying and installing end plugs, inlet/vent piping, grout, pumps,
hoses, mixers and all other necessary and miscellaneous items required for completely
10
filling the selected pipe with non -shrink cementious grout. The pipe shall be square cut
at both ends and grout plugs installed with inlet/vent pipes at each end. The grout shall
then be pumped into the pipe from the inlet end, pushing out all air and water from the
line, until the grout exits the vent pipe at the other end. Only when grout is observed
exiting the vent pipe will the line be considered completed and payment approved.
V. BY-PASS PUMPING OF SEWAGE: The purpose of a by-pass operation is to
pump sewage around a manhole or section of sewer which has collapsed or has a
blockage to the extent that the sewage will not pass through the line and the possibility
of overflow, determined by the City, is eminent.
The Contractor(s) shall provide at a minimum, a 6" pump with suction and discharge lines
capable of bypassing a line section a minimum of 500 feet at peak flow conditions. This
work may be required by the City after regular working hours or on weekends as an
emergency.
W. REPAIRS DUE TO CONTRACTOR'S OPERATIONS: The Contractor(s) shall be
responsible for repairs to the sewers which are necessary due to damage caused by the
Contractor(s) operations including irretrievable equipment. Such repairs will be
considered as part of the work and no extra compensation will be made. The damaged
area shall be repaired by the Contractor(s) according to the City specifications. The
Contractor(s) shall be responsible for all damages, public or private, caused by his
operations. If the Contractor(s) fails to make necessary repairs immediately, the City
shall have the right to make the repair or have the repair made and charge the
Contractor(s) all costs incurred, including administrative costs and overhead. T h e City
may also Charge Contractor(s) for any fines or penalties imposed due to such damage.
1.1.2 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.
1.1.3 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.
1.1.4 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.
1.1.5 Applicants must include the following items in the submitted Bid:
Letter of Transmittal;
a. Anticipated time line to begin delivery of services;
b. A breakdown of the costs for the delivery of services described above.
c. Resumes of key personnel who will actually be assigned to the Project Work and a
description of the role of each person within the company.
NOTE: The City expects those personnel listed to be those who will be actually
performing the Project Work. Substitutions (Contractors only) will be permitted
11
only upon written approval of the City's representative or designee who is in charge
of the Project.
d. A list of five (5) similar projects performed in South Florida (see the form to be
used which is included as Exhibit "A", "Bidder Qualifications"; it is made a part
of and is incorporated into the ITB by this reference) and it includes the following
information:
1) Name of each entity for which the work was performed;
2) Brief description of the scope of work;
3) Amount of initial contract award; and
4) Name of contact person and contact information with the entity who can
knowledgeably discuss your company's performance.
f. Indication that the Contractor can provide increased levels of service (additional
hours) at the same cost per hour; and
g. Any other information that the Contractor feels is relevant to assist the City in
evaluating Contractor's qualifications.
h. 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.
i. 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.
SECTION 2 - NO BIDS
If a Bidder does not intend to bid, 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. Failure to bid prior to the date and time scheduled for the bid opening may result in
the Bidder being deleted from the City's bidders' registration list for the services requested in the
Invitation to Bid.
SECTION 3 - CAUSES FOR REJECTION OF A BID
3.1 No bid 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, and the Bidder by signing the bid shall be
deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures,
interlineations or failures of a bid to contain all items called for in the ITB may result in rejection
of the bid.
12
3.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from
performing the Project Work, or from furnishing the requested services for which the bid was
submitted, and the Bidder may be further disqualified from bidding on any future bids for work,
for goods, or for services for the City.
3.3 The Bidder shall complete the "Bid Form", which is attached as Exhibit `B' ; it is made apart
of and is incorporated into the ITB by this reference.
SECTION 4 - INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
4.1 All questions requiring interpretation or clarification of the bidding documents shall be made
in writing and shall be delivered to the City (and its Consultant, if applicable) to
procurementAdaniabeachfl.gov by 5:00 P.M. on June 26, 2023. Questions received after this
time will not be addressed.
4.2 For information pertaining to this ITB, email the Procurement Administrator at
procurement&daniabeachfl.gov. 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.
4.3 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.
4.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum or
Addenda issued by the City for this Project, and that shall be acknowledged in writing by an
authorized representative.
4.5 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.
4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts shall
be furnished in both words and numerals, and in case of a discrepancy between the two, the amount
written in words shall govern.
4.7 In the event of a mathematical error in the extension of any unit price, or addition of total
price, the unit price shall prevail.
4.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid ("ITB") MUST
comply with all of the insurance requirements specified in Section 27 ("Insurance Requirements")
of the Bid Documents and the Agreement upon award to the successful Bidder.
SECTION 5 - GENERAL CONDITIONS
5.1 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
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Performance Bond for One Hundred Ten percent (110%) 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 is attached as Exhibit "C' ; it is made a part of
and is incorporated into the ITB by this reference.
5.2 Documentation: Bidder shall submit in its bid the following:
a. 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;
b. A statement stating the number of years the Contractor has been a qualified provider
of the requested services; and
C. A complete Bidder's Questionnaire form which is attached as Exhibit "B"; it is
made a part of and is incorporated into the ITB by this reference.
5.3 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, 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.
5.4 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.
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.
5.5 General Conditions: The agreement to be awarded will be subject to the provisions of the
United Sates Constitution, Florida laws, statutes and ordinances of the United States of America,
the State of Florida, Broward County and the City of Dania Beach.
SECTION 6 - SPECIAL CONDITIONS
6.1 Any and all Special Conditions contained in the ITB 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.
6.2 The Notice of Invitation to Bid, Bidder's Questionnaire, Specifications, Exhibits, Addendum
or Addenda, the legal advertisement of the ITB and any other pertinent documents form a part of
the ITB, and ultimately, the agreement; all of the documents are made a part of and are
incorporated into the ITB and the awarded agreement.
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SECTION 7 - 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 on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor or consultant under 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. A copy of the Sworn Statement on Public Entities Crimes is attached
as Exhibit "F' ; a copy is made a part of and is incorporated into the ITB by this reference.
SECTION 8 — PRICES. TERMS ARE TO BE FIRM
8.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in the
ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from the
date of the bid opening.
8.2 The bid 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. If the Project exceeds a cost of $50,000.00, the
agreement is subject to the City's Prevailing Wages' Ordinance, Code of Ordinances; a copy is
attached as Exhibit "G" and it is made a part of and is incorporated into the ITB by this reference.
8.3 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.
SECTION 9 - BID SECURITY
9.1 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 Ten Thousand Dollars ($10,000.00) as
security for the faithful execution of an Agreement with the Owner in the event of a bid award by
the City Commission.
9.2 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 Exhibit "K') issued by a surety meeting the
qualifications stated in these Instructions to Bidders. Bonds shall be submitted on the forms
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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.
9.3 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.
SECTION 10 - PROTECTION OF PROPERTY
10.1 The successful Bidder 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 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.
10.2The 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.
SECTION 11 - 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.
SECTION 12 - INSTRUCTIONS TO BIDDERS
12.1 Form Documents: The bid and its accompanying statements must be made on the forms
provided in the ITB. The forms must be submitted in good order and with all the blanks completed.
The bid must be signed by a representative of the Bidder duly authorized to do so,
and, in the case the bid is signed by a deputy or subordinate, the principal's written authority to do
so must accompany the bid.
12.2Taxes: 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.
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SECTION 13 - RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder 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.
SECTION 14 - NON -COLLUSION STATEMENT
By submitting a bid, the Bidder affirms that the bid is without previous understanding, agreement,
or connection with any person, business, or corporation and that the bid is in all respects fair, and
made without collusion or fraud. The Non -Collusion Affidavit form must be executed by the
Bidder; a copy of the form is attached as Exhibit "H"; it is made a part of and is incorporated into
the ITB by this reference.
SECTION 15 - 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.
SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS
The technical specifications may include items that are considered minimum, mandatory, or
required. If any Bidder is unable to provide these items, and feels that the technical specifications
are overly restrictive, the Bidder 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 ITB, for questions
of a material nature, at least ten (10) calendar days prior to the bid 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.
SECTION 17 - PUBLIC RECORDS
17.1 Bid Submissions Shall Become City Property: All submissions become the property of the
City and will not be returned to the Bidder. The City will hold all submissions in confidence
unless otherwise required by law.
17.2 Contractor's Obligations: Bidders 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:
17.2.1 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.
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17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in Bidder's
possession or control in connection with Bidder's performance under the contract. Bidder
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes.
Bidder 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.
17.2.3 Response to Public Records Requests: Upon request from the City custodian of public
records, Bidder 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.
17.2.4 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 shall
be delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days. All
such records stored electronically by Bidder 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 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 shall be withheld until all records are received as provided in this
ITB.
17.2.5 Failure to Comply: Bidder's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
17.3Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
BIDDER 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(a,daniabeachfl.aov
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SECTION 18 - 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.
SECTION 19 - QUALIFICATION OF BIDDERS
19.1Bidders' Qualifications: The Bidder shall complete the Bidders' Qualifications Form
(Exhibit "A") attached, 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.
19.2Certified 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.
19.3Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the
City for any one or more of the following reasons:
a. Reason to believe that collusion exists among the Bidders.
b. The Bidder is or has been involved directly or indirectly in litigation or arbitration
against the Owner within the past ten (10) years.
c. 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.
d. 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.
e. 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.
19.4 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:
a. 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.
b. 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.
c. The appearance of an unbalanced Bid, as determined by the Owner.
d. If the Bidder makes one or more false statements or provides false information in
connection with any portion of the bidding documents.
e. If the Bidder fails to demonstrate successful performance and completion of projects
of a similar magnitude, scope or value as this project.
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19.5Non-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:
a. 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.
b. If the Bidder fails in any way to abide by any of the provisions of the Contract
Documents.
SECTION 20 - 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.
SECTION 21 - EMPLOYEES OF THE CONTRACTOR
21.1 Contractors shall only designate employees who are sufficiently skilled to provide the required
services specified in the ITB. Any person employed to provide the services who fails, refuses or
neglects to obey the instructions of the City's representative in anything relating to these services,
or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's
representative, be immediately relieved by the Contractor from the Project Work. Any interference
with, or any abusive or threatening conduct toward any City representative, its assistants or
inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds
for the City to terminate the agreement and re -let the work. The Contractor shall furnish all labor,
materials, supplies and equipment necessary to properly maintain all Project Work areas in an
acceptable and safe condition.
21.2Contractor 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.
SECTION 22 - AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of
funds.
SECTION 23 - 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:
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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).
SECTION 24 - TERMINATION OF AGREEMENT
If the successful Bidder 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 ITB 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.
SECTION 25 - 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.
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SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
26.1 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:
a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property,
including the loss of use resulting therefrom, or any other damage or loss arising out of
or resulting or claimed to have resulted in whole or in part from any actual or alleged
act or omission of the Contractor, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable in the performance of the
work;
b. any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
work;
c. liens, claims, actions made by the Contractor or other party performing the work; and
d. 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.
26.2 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:
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.
SECTION 27 - INSURANCE REQUIREMENTS
27.1Insurance 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.
27.2Insurance 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
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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 BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
27.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply "Per Job";
b. "The City of Dania Beach, Florida" is added as a named "Additional Insured' ;
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor's insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
27.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons fulfilling
this agreement whether employed, contracted, temporary, or subcontracted for the life of the
agreement, including any applicable warranty period(s), and it is to apply to all "statutory
employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
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27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers' Compensation
Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers' Liability Limits Part B.
27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
27.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days' Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non -owned vehicles.
27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
A) "The City of Dania Beach" is added as a named "Additional Insured";
B) 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
C) Waiver of Subrogation.
27.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's
delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
27.12.1 "Preliminary" certificate means that certificates of insurance verifying all general
insurance requirements (as noted below) must be included with Bid at submittal on the date and
time of the Bid opening. If the "preliminary" certificates are not included with a Bid submittal,
then the City has the right to consider the submitted Bid as non -responsive on the date and time of
the Bid opening. "Preliminary" Certificates may be issued without documentation of all "Special
Provisions". However, Contractor does understand that all provisions, including "Special
Provisions" noted below are expected to be fully documented on or attached to the "Official"
Certificates of Insurance as described below.
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27.12.2 "Official" Certificates of Insurance must be delivered to the City Clerk's office
and Risk Manager of the City. If the "Official" certificates are not delivered before or on the
fourteenth (10) Business Day after the issuance by the City of the "Notice of Intent to Award",
then the City has the right to consider the awarded Agreement to the successful Bidder as void and
to negotiate a contract with the next lowest responsive and responsible Bidder. "Special
Provisions", as referenced below under each type of insurance requirement shall be fully
confirmed on or attached to the "Official" certificates.
27.12.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies' financial ratings must be no less than A-VII in the latest edition of the "BEST'S
KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's
rating shall drop, the insurance carrier shall immediately notify the City in writing.
SECTION 28 — SAFETY
28.1The successful Bidder shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder 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.
28.2Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for the
Project will meet all federal and state requirements, including but not limited to, the Occupational
Safety and Health Act (OSHA).
SECTION 29 - 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.
SECTION 30 - RESPONSIBLE BIDDER
No bid 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
25
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.
SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the
Bidder, and determine to its satisfaction the competency of the Bidder to undertake the requested
services in the ITB.
SECTION 32 - BILLING PROCEDURE
The preferred method for invoices is to send via email to ap(abdaniabeachfl.sov. 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
1201 Stirling Road
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.
SECTION 33- 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
26
payment to the Contractor within thirty (30) calendar days after approval of the Contractor's
requisition for payment.
Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the
work is totally completed as specified and accepted by the City.
The City may withhold in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
1. Defective work not remedied.
2. Claims filed or reasonable evidence indicating the probable filing of claims by other
parties against the Contractor.
3. Failure of the Contractor to make payment to subcontractors or suppliers for materials or
labor.
4. Damage to another Contractor not remedied.
5. Liability for liquidated damages that has been incurred by the Contractor.
6. Reasonable evidence that the work cannot be completed for the unpaid balance of the
Contract Sum.
7. Reasonable evidence that the work will not be completed within the Contract Time.
8. 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
SECTION 34 - BID PROTEST PROCEDURE
34.lAfter a Notice of Intent to Award a contract is posted, any actual or prospective Bidder
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 at City Hall 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.
34.2A 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.
34.3The 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
27
that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to
remedy it.
34AIn 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.
SECTION 35 - LITIGATION
35.1In addition to any other provision of this ITB, the City may, in its absolute discretion, reject
a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, 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.
35.2In determining whether or not to reject a Bid under this section, the City will consider
whether the litigation is likely to affect the Bidder's ability to work with the City, its consultants
and representatives and whether the City's experience with the Bidder 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.
35.3 A contract with the successful Bidder 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.
35.4 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.
SECTION 35 - CONTRACT AWARD AND EXECUTION
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35.1Bid Opening and Evaluation: The City will publicly open and announce all bids it receives
by total amount in accordance with the terms of the advertisement. The City will verify all bidders
have properly submitted and executed all required bid documents and forms; review all bids 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 to the engineer's estimate; evaluate unbalanced bid items;
confirm the bid tabulations; and provide a recommendation for award of bid or recommendation
for re -advertisement, if appropriate, to the City Commission.
35.2 Rejection of Bids: The City may reject bids in the following circumstances:
(a) where the low bid differs from the engineer's estimate by an unreasonable amount
(reasonable conformance pursuant to 23 CFR 635.114(c))
(b) where obvious unbalancing of unit prices has occurred, or
(c) where competition is considered to be inadequate relative to the size, type, and location
of the project.
35.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
35.4 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.
SECTION 36 — CONE OF SILENCE
36.1 Cone of Silence: Definitions: "Cone of Silence," as used in this ITB, means a prohibition
on any communication regarding a particular Request for Proposal ("RFP"), Request for
Qualification ("RFQ") or Invitation to Bid ("ITB"), between:
a potential vendor, service provider, Bidder, bidder, lobbyist, or consultant, and:
a City Commission member, City's professional staff including, but not limited to,
the City Manager and her staff, or any member of the City's Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement
of the ITB. 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
29
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:
a. Oral communications at pre -bid conferences;
b. Oral presentations before the Selection Committee;
c. Public presentations made to the City Commission members during any
duly noticed public meeting;
d. Communications in writing at any time with any City employee, unless
specifically prohibited by the ITB. The Bidder shall file a copy of any
written communication with the City Clerk. The City Clerk shall make
copies available to any person upon request;
e. Communications regarding the ITB between a potential vendor, service
provider, Bidder, lobbyist or consultant and the City's Procurement and
Contract Services Agent or City employee designated as responsible for
administering the procurement process for the ITB, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
f. Communications with the City Attorney and his staff;
g. Duly noticed site visits to determine the competency of a Bidder regarding
the ITB during the time period between the opening of Bids and the time
the City Manager makes a written recommendation;
h. Any emergency procurement of goods or services pursuant to City Code;
i. Responses to the City's request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment
or perform market research, provided all related communications between
30
a potential vendor, service provider, Bidder, 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 shall render any ITB award or contract
to the Bidder voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation
committee. In addition to any other penalty provided in this ITB, violation of any provision of
this section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning "Cone of Silence" compliance.
SECTION 37 - ADDITIONAL GENERAL CONDITIONS
37.1 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.
37.1.1 Staging of Material in Right -Of- Way:
Contractor shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials and equipment. Staging area
shall be fenced and screened from public sight. Contractor shall not store material such
as pipes, drainage structures and equipment within a right of way without prior approval
by the City. Material shall be properly secured and screened neatly and will not remain
on right of way for more than a week. All equipment must be stored in a designated
staging area.
37.1.2 Site Restoration:
37.1.2.1 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.
37.1.3 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
31
(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.
37.21)ate 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-five (155)
calendar days and Final Completion of the entire Work not later than one hundred eighty- five
(185) 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.
M
EXHIBIT "A"
BIDDER QUALIFICATIONS
ITB NO.23-007
The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its
area of its fixed business location. The following information MUST be completed and submitted with
the Bid to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Telephone/Fax:
2. Specify type of entity Check One: Corporation O Partnership O Individual ()
Other ( ) SPECIFY
3. If Corporation, state:
Date of Incorporation: State in which Incorporated:
4. 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:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business in Florida: years
8. 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 (see attached).
9. A copy of a county or municipal Business Tax Receipt.
33
io. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Percent Complete Completion Date
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Percent Complete Completion Date
11. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
34
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 If yes, attach a separate sheet of explanation.
13. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
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 If yes, attach a separate sheet of explanation.
35
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 If yes, attach a separate sheet of explanation
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 insure 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.
END OF BIDDER QUALIFICATIONS
36
EXHIBIT "B"
BID FORM
ITB 23-007
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR
SERVICES"
Bid Form is posted on City Webpage and DemandStar
EXHIBIT "C"
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or any other party shall be considered plural
where applicable.
CONTRACTOR (name and address): SURETY (name and principal place of
business):
business):
OWNER:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Date:
Amount:
Date:
Amount:
Project: Storm Sewer & Sewer Main Cleaning and Maintenance.
City Bid No. 23-007
BOND
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to this Bond: None See Page(s)
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title Title
(Any additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone:
Facsimile:
1. DEFINITIONS
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under the Construction Contract after all proper adjustments have been
made including allowance to the Contractor of any amounts received or to be
received by the Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper payments made to
or on behalf of the Contractor under the Construction Contract.
(B) Construction Contract: The agreement between the Owner and the Contractor
identified on the signature page, including all Contract Documents and changes to
them.
(C) Contractor Default: Failure of the Contractor, which failure has neither been
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
(D) Owner Default: Failure of the Owner, which failure has neither been remedied
nor waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of it.
2. The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner for the performance of the
Construction Contract, which is incorporated into this document by this reference.
3. If the Contractor performs the Construction Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to participate in conferences.
4. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
(A) The Owner has notified the Contractor and the Surety at its address described in
paragraph ten (10) below that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with the
Contractor and the Surety to be held not later than fifteen (15) calendar days after
receipt of such notice to discuss methods of performing the Construction Contract.
If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed
a reasonable time to perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, to subsequently declare a Contractor Default;
and
(B) The Owner has declared a Contractor Default and formally terminated the
Contractor's right to complete the Contract. Such Contractor Default shall not be
declared earlier than twenty (20) calendar days after the Contractor and the Surety
have received; and
(C) The Owner has agreed to pay the Balance of the Contract Price to the Surety in
accordance with the terms of the Construction Contract or to a Contractor selected
to perform the Construction Contract in accordance with the terms of the Contract
with the Owner.
5. When the Owner has satisfied the conditions of paragraph 4, the Surety shall promptly and
at the Surety's expense take one of the following actions:
(A) Arrange for the Contractor, with consent of the Owner, to perform and complete
the Construction Contract; or
(B) Undertake to perform and complete the Construction Contract itself, through its
agents or through independent contractors; or
(C) Obtain bids or negotiated Bids from qualified Contractors acceptable to the Owner
for a Contract for performance and completion of the Construction Contract,
arrange for a Contract to be prepared for execution by the Owner and the Contractor
selected with the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified Surety equivalent to the bonds issued on
the Construction Contract, and pay to the Owner the amount of damages as
described in paragraph six (6) in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default; or
(D) Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor acceptable to the Owner and with reasonable promptness under the
circumstances:
After investigation, determine the amount for which it may be liable to the
Owner and, as soon as practicable after the amount is determined, tender
payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons
therefor.
6. If the Surety does not proceed as provided in paragraph four (4) with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen (15) calendar
days after receipt of an additional written notice from the Owner to the Surety demanding
that the Surety perform its obligations under this Bond, and the Owner shall be entitled to
enforce any remedy available to the Owner. If the Surety proceeds, on in part, without
further notice, the Owner shall be entitled to enforce any remedy available to the Owner.
7. After the Owner has terminated the Contractor's right to complete the Construction
Contract, and if the Surety elects to act, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the Owner
under the Construction Contract. To the limit of the amount of this Bond, but subject to
commitment by the Owner of the Balance of the Contract Price to mitigation of costs and
damages on the Construction Contract, the Surety is obligated without duplication for:
(A) The responsibilities of the Contractor for correction of defective work and
completion of the Construction Contract;
(B) Additional legal, design professional and delay costs resulting from the
Contractor's Default, and resulting from the actions or failure to act of the
Surety under paragraph 4; and
(C) Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance or non-
performance of the Contractor.
Liquidated Damages
Time is of the essence regarding this Invitation to Bid Construction and the work
contemplated hereunder and the City may suffer financial loss and inconvenience if the
work is not completed to the satisfaction of the City by the time stipulated in the Contract.
Therefore, failure to timely complete the work shall result in the awarded Bidder being
subject to liquidated damages, but not as penalty, in the amount of $1,665.00 per calendar
day, as set forth in 23 CFR 635.127, for each and every calendar day the work remains
incomplete or the items remain undelivered. As compensation due the City for loss of use
and for additional costs incurred by the City due to such non -completion of the work, the
City shall have the right to deduct the liquidated damages from any amount due, or that
may become due to the awarded Bidder under the Contract, or to invoice the awarded
Bidder for such damages if the costs incurred exceed the amount due to the awarded
Bidder. The awarded Bidder and the City agree that the amount for liquidated damages is
not punitive, and is intended to compensate the City for difficult to quantify losses.
8. The Surety shall not be liable to the Owner or others for obligations of the Contractor that
are unrelated to the Construction Contract, and the Balance of the Contract Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
9. The Surety waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
10. Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction in the location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default or within two (2) years after
the Contractor ceased working or within two years after the Surety refuses or fails to
perform its obligations under this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
shown on the first page of this document.
12. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the construction was to be performed, any provision in this Bond
conflicting with such statutory or legal requirement shall be deemed deleted from this
document and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated into it. The intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title Title
Dated: . 20
END OF PERFORMANCE BOND
EXHIBIT "D"
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or any other party shall be considered plural
where applicable.
CONTRACTOR (name and address): SURETY (name and principal place of
business):
OWNER:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Date:
Project Name: "STORM SEWER AND SEWER MAIN CLEANING AND REPAIR
SERVICES"
City's Bid No.: 23-007
Amount:
Project: Storm Sewer & Sewer Main Cleaning and Maintenance.
BOND
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to this Bond: None See Page(s)
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title Title
(Any additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone
Facsimile
1. DEFINITIONS
(A) Claimant: An individual or entity having a direct Contract with the Contractor or
with a Subcontractor of the Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in
the Construction Contract, architectural and engineering services required for
performance of the work of the Contractor and the Contractor's Subcontractors, and
all other items for which a mechanic's lien may be asserted in the jurisdiction where
the labor, materials or equipment were furnished.
(B) Construction Contract: The agreement between the Owner and the Contractor
identified on the signature page, including all Contract Documents and changes to
it.
(C) Owner Default: Failure of the Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of the Contract.
2. The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner to pay for labor, materials and
equipment furnished for use in the performance of the Construction Contract, which is
incorporated into this document by this reference.
3. With respect to the Owner, this obligation shall be null and void if the Contractor:
(A) Promptly makes payment, directly or indirectly, for all sums due Claimants, and
(B) Defends, indemnifies and holds harmless the Owner, its elected officials,
employees, agents and Consultant from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for the payment for labor,
materials or equipment furnished for use in the performance of the Work, pursuant
to the Construction Contract, provided the Owner has promptly notified the
Contractor and the Surety (at the address described in paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands, liens or suits
to the Contractor and the Surety, and provided there is no Owner Default.
4. With respect to Claimants, this obligation shall be null and void if the Contractor promptly
makes payment, directly or indirectly, for all sums due.
5. The Surety shall have no obligation to Claimants under this Bond until:
(A) Claimants who are employed by or have a direct Contract with the Contractor have
given notice to the Surety (at the address described in paragraph 13) and sent a copy
of the notice to the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
(B) Claimants who do not have a direct Contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a copy, or notice
of it, to the Owner, within ninety (90) days after having last performed labor
or last furnished materials or equipment included in the claim stating, with
substantial accuracy, the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom the labor was
done or performed; and
2. Have either received a rejection in whole or in part from the Contractor, or
not received within thirty (30) days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the above thirty (30) days, have sent a written
notice to the Surety (at the address described in Paragraph 12) and sent a
copy, or notice of it, to the Owner, stating that a claim is being made under
this Bond and enclosing a copy of the previous written notice furnished to
the Contractor.
6. If a notice required by paragraph four (4) is given by the Owner to the Contractor, or to the
Surety, that is sufficient compliance.
7. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly
and, at the Surety's expense, take the following actions:
(A) Send an answer to the Claimant, with a copy to the Owner, within forty-five (45)
days after receipt of the claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
(B) Pay or arrange for payment of any undisputed amounts.
8. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of
this Bond shall be credited for any payments made in good faith by the Surety.
9. Amounts owed by the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and the Owner accepting
this Bond, they agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of the
work.
10. The Surety shall not be liable to the Owner, Claimants or others for obligations of the
Contractor that are unrelated to the Construction Contract. The Owner shall not be liable
for payment of any costs or expenses of any Claimant under this Bond, and shall have
under this Bond no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
11. The Surety waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
12. No suit or action shall be commenced by a Claimant under this Bond other than in a court
of competent jurisdiction in the location in which the work, part of the work is located, or
after the expiration of one (1) year from the date: 1) on which the Claimant gave the
required notice; or 2) on which the last labor or service was performed by anyone or the
last materials or equipment were furnished by anyone under the Construction Contract,
whichever of one (1) or two (2) first occurs. If the provisions of this paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
13. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
show on the signature page. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient compliance as of the date received
at the address shown on the signature page.
14. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the construction was to be performed, any provision in this Bond
conflicting with the statutory or legal requirement shall be deemed deleted from this Bond
and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated into this Bond. The intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,
the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title Title
Dated: 520
END OF PAYMENT BOND
EXHIBIT "E"
BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
1. How many years has your organization been in business?
2. List below (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organizations, governmental, private or both located in Broward, Miami -Dade
or Palm Beach Counties, for which you are now, or have within the past five (5) years,
provided services similar to that called for in the Invitation to Bid.
3. List below (or on an attached sheet, if necessary) all pertinent information and data that
would indicate the ability of your organization and management personnel to perform
satisfactorily.
4. Have you personally completed a plan for performance of the work?
5. Have you ever failed to complete work awarded to you? Tf so, when, where and why?
6. What equipment do you own that is available for work?
7. 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?
8. How many employees (Contractors only) will be assigned to perform the
services?
9. How many supervisors will be assigned to perform the services?
10. Will personnel be part of a regular crew assigned to perform the services?
Yes No
11. Will you be able to provide service for emergency situations? Yes No
If so, how much notice is required?
12. What equipment do you own that is available to complete the Project?
Please attach copies of any licenses, awards, certificates, etc., that you may have.
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS
AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
END OF BIDDER'S QUESTIONNAIRE
EXHIBIT "F"
Sworn Statement Under Section V87.133(3)(a), Florida Statutes on Public
Entity Crimes
(This form must be signed in the presence of a Notary Public or other officer authorized to
administer oaths.)
This sworn statement is submitted with Invitation to Bid No. 23-007.
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
its business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number
of the individual signing this sworn statement)
3. My name is: (PRINT NAME of individual signing this document)
and my relationship to the entity is:
(President, General Partner, etc. as applicable)
4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -
jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest").
6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity
crime; or
(b) An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima -facie case that one
person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means
any natural person or any entity organized under the laws of any state or of the United
States with the legal power to enter into a binding agreement and which bids or applies to
bid on contracts let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which that I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies):
Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989 and
(Please now indicate which additional statement below applies):
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined
that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of
General Services)
SIGNATURE (of person whose name Date
first appears above)
STATE OF FLORIDA )
COUNTY OF )
Sworn to and subscribed before me on 20 , by
as of
a corporation/partnership, on behalf of
the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT "G"
NON -COLLUSION AFFIDAVIT
The undersigned Bidder has not divulged to, discussed, or compared his/her/its Bid with any other Bidders
and has not colluded with any other Bidder or parties to the Bid whatsoever.
Name of City Project: STORM SEWER AND SEWER MAIN CLEANING AND REPAIR
SERVICES
City's Invitation to Bid No.: 23-007
Name of Bidder
SIGNATURE of Bidder or Authorized PRINT Name of Bidder or Authorized
Agent of Bidder Agent of Bidder
Title
, 20
Date
STATE OF FLORIDA
) ss:
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence
or ❑ online notarization, on as , of , an organization authorized to do
business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of
for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is
the act and deed of that entity. He/she is personally known to me or has produced as identification.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT "H"
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am of , the Bidder that has
submitted the attached Bid;
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household
have or have had during the past five years, any relationships (professional, financial, familial or otherwise)
with the City (or any of its districts), its elected or appointed officials, its employees or agents, or any member
or alternate member of the Selection Committee.
A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee,
consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than
one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on -going
personal relationships, or joint involvement with charitable/voluntary activities. Relationship includes
having a prior or current contract with the City.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons
residing in my household have received any promise of compensation, remuneration, gift, discount, or other
gratuity in exchange for my Bid.
I understand and agree that I shall give the City written notice of any other relationships (as defined above)
that I enter into with the City (or any of its districts), its elected or appointed officials, its employees or
agents, or any member or alternate member of the Selection Committee during the period of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write "None"):
Signature (Blue ink only)
Print Name
EXHIBIT H— (CONTINUED)
Title
Date
STATE OF FLORIDA
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence
or ❑ online notarization, on as , of , an organization authorized to do
business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of
for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is
the act and deed of that entity. He/she is personally known to me or has produced as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT "I"
REFERENCES
Bidder shall provide a minimum of three references.
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
BIDDER
Name Name
FLORIDA RESIDENT AGENT
Name
Address
EXHIBIT "J"
BID BOND
SURETY
OWNER
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone: (954) 924-6800
Facsimile: (954) 921-2604
Phone Fax
PROJECT:STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES
ITB No. 23-007
Bid Due Date
Bond Number Bond Date Penal Sum
IN WITNESS OF THE FOREGOING, Surety and Bidder, intending to be legally bound, subject
to the terms included in this section, do each cause this Bid Bond to be duly executed on its behalf by its
respective, authorized officer, agent, or representative.
IDENTITY OF BIDDER IDENTITY OF SURETY
(Attach Power of Attorney)
Corporate Name and Seal Corporate Name and Seal
(or other Full Legal Name) (or other Full Legal Name)
Signature Signature
Printed Name and Title Printed Name and Title
Attest Attest
Attest Attest
The above addresses shall be used for giving of required notices. Any singular reference to Bidder,
Surety, Florida Resident Agent, Owner or other party shall be considered a plural where applicable.
Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to pay to City upon default of Bidder, the penal sum set forth on the face
of this Bond. In no event shall Bidder's and Surety's obligation exceed the penal sum set forth on
the face of this Bond.
2. Default of Bidder shall occur upon the failure of the Bidder to deliver within the time required
by the Bid and Contract Documents (or any extension of time agreed to in writing by City) a
fully executed Agreement, Insurance Agent Statement, all certificates of insurance, and any
Performance and Payment Bonds.
3. This obligation shall be null and void if:
3.1 City accepts Bidder's bid and Bidder delivers within the time required by the bidding
and contract documents (or any extension of time agreed to in writing by City) the
executed Agreement, the Insurance Agent Statement, and the Performance and Payment
Bonds, or
32 All bids are rejected by City, or
33 City fails to issue a Notice of Award to Bidder within the time specified in the ITB
documents (or any extension of time agreed to in writing by Bidder and, if applicable,
consented to by Surety when required by paragraph five (5)below).
4. Payment under the Bid Security Bond will be due and payable upon default by Bidder and within
thirty (30) calendar days after receipt by Bidder, and Surety of written notice of default from
City's City Clerk, which notice will be given with reasonable promptness, identifying the Bid;
Security Bond and the Project, including a statement of the amount due.
5. Surety waives notice of any and all defenses based on, or arising out of, any time extension to
issue a Notice of Award agreed to in writing by City and Bidder, provided that the total time for
issuing the Notice of Award, including extensions shall not in the aggregate exceed One Hundred
Twenty (120) days from the ITB due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to thirty (30) calendar days after the
notice of default required in paragraph four (4) above is received by Bid and Surety, and in no
case later than one (1) year after bid due date.
7. Any suit or action under this Bond shall be commenced only in a Florida court of competent
jurisdiction. Any award granted shall not be subject to prejudgment interest.
Notices required under this Bid Bond shall be in writing and sent to Bid and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to
be included in it as if set forth at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of such statute shall govern and the remainder of this Bond
that is not in conflict shall continue in full force and effect.
EXHIBIT "K"
BID SECURITY
ATTACH BID BOND HERE
EXHIBIT "L"
ACKNOWLEDGMENT OF ADDENDA
The Bidder acknowledges the receipt of the following addenda issued by the City and incorporated
into and made part of the ITB or the Agreement. In the event the Bidder fails to include any such
addenda in the table below, submission of this form shall constitute acknowledgment of receipt of
all addenda, whether or not received by the Bidder.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
EXHIBIT "M"
CERTIFICATION TO ACCURACY OF BID
The Bidder, by executing this form, certifies and attests that all forms, affidavits and documents
related to the document that it has enclosed in the Bid in support of its Bid are true and accurate.
Failure by the Bidder to attest to the truth and accuracy of such forms, affidavits and documents
shall result in the Bid being deemed non -responsive and such Bid will not be considered.
By submitting a Bid to do the work, the Bidder certifies that a careful review of the ITB and the
Agreement has taken place and that the Bidder is fully informed and understands the requirements
of the ITB and the expected Agreement and the quality and quantity of services to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is
of
the Bidder that has submitted the attached Bid;
B. He/She is fully informed respecting the preparation and contents of the attached Bid
and of all forms, affidavits and documents submitted in support of such Bid;
C. All forms, affidavits and documents submitted in support of this Bid and included in
this Bid are true and accurate;
D. No information that should have been included in such forms, affidavits and documents
has been omitted; and
E. No information that is included in such forms, affidavits or documents is false or
misleading.
EXHIBIT "M"
CERTIFICATION TO ACCURACY OF BID
(continued)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on
as , of , an organization
authorized to do business in the State of Florida, and acknowledged and executed the foregoing
statement as the proper official of for the use and purposes
mentioned in it and affixed the official seal of the entity, and that the instrument is the act and
deed of that entity. He/she is personally known to me or has produced
as identification.
My commission expires:
Notary Public
PRINT Name of Notary Public
EXHIBIT "N"
DRUG -FREE WORKPLACE CERTIFICATION FORM
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:
1. 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.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number(1).
4. 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.
5. 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.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by,
(PRINT Name of Authorized Agent)
(Title) (Bidder Name)
who does 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 numbers (1) through (6)above.
SIGNATURE DATE
CITY OF DANIA BEACH, FLORIDA
DANI# BEACH
SEA R LK II UOK R.
STORM SEWER AND SEWER MAIN CLEANING
AND REPAIR SERVICES
CITY INVITATION TO BID ("ITB.") NO.23-007
ADDENDUM # 1
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JUNE 239 2023
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
ITB 23-007
ADDENDUM 1
TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS,
ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION,
WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART OF
AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.
1. Please be advised that it is the intention of the City to contract with three vendors for this
service.
CITY OF DANIA BEACH, FLORIDA
DANIA MACH
STORM SEWER AND SEWER MAIN CLEANING
AND REPAIR SERVICES
CITY INVITATION TO BID (66ITB.99) NO.23-007
ADDENDUM # 2
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JUNE 27, 2023
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
ITB 23-007
ADDENDUM 2
QUESTIONS AND ANSWERS
1. What is the Engineer's Estimate/Budget?
$70,000-$80,000 yearly.
2. Will you be posting the site plans, drawings, and technical specs as mentioned on page 6
of the Bid Documents?
There are no additional documents for this bid.
Additionally, will you post the Mandatory Pre -Bid signup sheet and minutes?
Yes, minutes from the pre -bid meeting are included as an attachment and include
attendance.
MANDTORY PRE -BID MEETING
FRIDAY, JUINE 16, 2023 10:OOAM
ITB 23-007
A mandatory pre -bid conference for ITB 23-007 was held virtually via Zoom meeting software.
The meeting commenced at 10:03AM.
City Personnel Present:
Dincer Ozaydin, Deputy Public Services Director/City Engineer
Darren Greene, Public Works & Utilities Operations Manager
Corry Taylor, Public Services Superintendent
John Quintero, Project Manager
Sasha Ramos, Procurement Administrator
Potential Bidders:
See chatbox record included as an attachment.
Ms. Ramos asked all potential bidders on the call to send their firms name and contact
information in the chat box as a record of attendance.
Mr. Ozaydin explained the background on the city's utilization of services. Mr. Greene then gave
an overview of the project and the floor was opened for questions.
Questions Asked:
Is this a maintenance contract? Will it the contract be for 3 years all together?
Yes
2. Sounds like this is a maintenance and emergency contract. Can you provide an
estimated need for maintenance work beyond emergency response?
Service would be on an as -needed basis, yearly. This contract would supplement the
work done by the City, primarily during the rainy season. We typically utilize
contractors to clean an estimated 200 catch basins.
3. Do you know if you will be awarding one contractor or are you looking for a couple
companies?
The Public Services Department would prefer to award more than one contract.
Clarification will be given via addendum.
4. Are there any additional requirements or is everything listed on DemandStar?
Everything is listed on DemandStar.
5. Just to clarify, $70,000-$80,000 per year is what you spend on these services.
Yes
Once all questions were answered, Ms. Ramos reminded potential bidders to review the
deadline for questions within the ITB and that if any come up, they can be emailed to
procurement daniabeachfl.gov. Potential bidders were again asked to send a message in the
chat box with their firms name and information and reminded that if there was no record of
their attendance the City cannot accept proposals from them.
With no further discussion, the meeting was adjourned at 10:17 a.m.
00:09:06 mmurinova: Intercounty Engineering - Michaela Murinova
00:09:15 chase rogers - hinterland group: Chase rogers - hinterland group
00:09:19 RichardBJanofsky: Rich Janofsky - Sweeping Corp of America - 8563715649 ranofsky@sweepingcorp.com
00:09:26 adminSusana Bernal - Kailas Corp: Susana Bernal, Kailas Corp. / Kailas Contractors
00:09:28 Karlos Ramos:Flotech Environmental
00:09:33 Karlos Ramos:Karlos Ramos
00:09:35 Luis NunezMartinez: Top Dog Industries LLC -Luis NunezMartinez
00:10:10 adminSusana Bernal - Kailas Corp: Susana Bernal 954-632-0165, sbernal@kailascontractors.com
00:10:12 Karlos Ramos:karlos.ramos@flotechllc.com
00:10:48 Ron Richards: Ron Richards @ DP Development 954-226-9535
00:11:21 Luis NunezMartinez: Top Dog Industries LLC - Luis NunezMartinez-Luism@topdogind.com 561-788-
1648
00:12:16 chase rogers - hinterland group: Chase rogers
Hinterland group
Crogers@hinterlandgroup.com
561-640-3503
00:13:11 Ron Richards: DP Development richards@dpdevelopment.com; sales@dpdevelopment.com
00:20:22 MattFord: Matt Ford
00:21:08 MattFord: Matt Ford, USA Services of Florida, LLC; mford@sweepingcorp.com,407.259.1793
00:25:26 Ron Richards: is it possible to extend the bid date by one day?
file:///C/... iabeach/23-007%20Storm%20Sewer%20and%20Storm%20Water%20Maintenance/GMT20230616-140006_RecordingnewChat.txt[6/27/2023 3:55:46 PM]
CITY OF DANIA BEACH, FLORIDA
W41A MACH
SEA 11 .S IT L rr
STORM SEWER AND SEWER MAIN CLEANING
AND REPAIR SERVICES
CITY INVITATION TO BID ("ITB.") NO. 23-007
ADDENDUM # 3
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JULY 3, 2023
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
ITB 23-007
ADDENDUM 3
TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS,
ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION,
WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART OF
AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.
1. The submission deadline for bids is extended to 10:00 a.m. on Monday, July 10, 2023
CITY OF DANIA BEACH, FLORIDA
DANIA BF-ACH
%x it LN1 rr iCNE rt
STORM SEWER AND SEWER MAIN CLEANING
AND REPAIR SERVICES
CITY INVITATION TO BID ("ITB.") NO. 23-007
ADDENDUM # 4
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JULY 6, 2023
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES"
ITB 23-007
ADDENDUM 4
QUESTIONS AND ANSWERS
1) Is there a measurement and payment section providing a description of what is included in each
line item?
No; work involves pumping rainwater or cleaning the drains.
2) The point repair section includes pipe size and length but no depth information. Can the city
provide a range of depths for repairs?
Depth varies from 3 feet to 15 feet.
3) There is no MOT line items.
MOT is included in the line items.
4) Security chain replacement — is this supposed to be a chain link fence? What material and height,
if so?
This varies.
5) Concrete repairs, asphalt repairs, and concrete collars could all use, size and thickness
information.
Broward County rules and regulations must be followed.