HomeMy WebLinkAboutR-2023-134 Authorization to Award ITB No. 23-011 Contract to Govea Trucking Inc. for Lime Sludge HaulingRESOLUTION NO.2023- 1 ✓ 1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 23-011
"LIME SLUDGE HAULING AND REMOVAL" AND TO ENTER INTO AN
AGREEMENT WITH GOVEA TRUCKING INC. FOR WATER TREATMENT
PLANT LIME SLUDGE REMOVAL AND DISPOSAL SERVICES IN AN
AMOUNT THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD
AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL
YEAR THE CONTRACT IS IN PLACE; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's water treatment process involves the use of lime, which results in
the production of lime sludge, a byproduct that requires proper management and disposal; and
WHEREAS, the safe removal and disposal of lime sludge is paramount to ensuring the
City's water treatment process remains efficient and environmentally compliant; and
WHEREAS, the City advertised Invitation to Bid ("ITB") No. 23-011 "Lime Sludge
Hauling and Disposal" on June 26, 2023 in Sun -Sentinel and DemandStar, and received the below
responses:
• Govea Trucking Inc. $43.75/cu yd.
• Prolime Corporation $64.95/cu yd.
• Austin Tupler Trucking $69.95/cu yd.; and
WHEREAS, the Bid Committee comprised of CIP and Grants Administrator Colin
Donnelly, Water Treatment Plant Manager Nate Costa, and City Engineer/Deputy Public Services
Director Dincer Ozaydin, reviewed the bid responses and selected Govea Trucking Inc. as the most
responsive bidder; and
WHEREAS, the City Administration recommends that the City Commission award the
ITB for Lime Sludge Hauling and Disposal to Govea Trucking Inc.
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 Govea Trucking Inc. in an amount that may exceed the annual vendor threshold
of $50,000.00, for the hauling and removal of lime sludge, under the terms of ITB No. 23-011 and
in accordance with the itemized schedule of costs, a copy of which agreement is attached as Exhibit
"A" and made a part of and incorporated into this Resolution by this reference.
Section 3. The funding for this installation is appropriated and available within the
Water Treatment Plant Contractual Account No. 401-33-03-533-34-10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on oaby 24 , 2023.
Motion bycornffh- 6Qgx Jaw , second by `j a (7 �,LYi L�, �' 1 len .
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:
EV 4. BO TSIS
CILYATTORNEY
J. RYAN IV
MAYOR
2 RESOLUTION #2023-�
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 Govea
Trucking, Inc. ("CONTACTOR") a Florida corporation with a mailing address 2126 Fillmore
Street, Hollywood, Florida 33020 for services related to CITY Invitation to Bid ("ITB") No. 23-
011, entitled, "Lime Sludge Removal and Disposal".
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 26, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a
CONTRACTOR to provide lime sludge removal and disposal services as more particularly described
in Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled:
1.2 On August 25, 2023, the bids were opened at Dania Beach CITY Hall, 100 Dania Beach
Boulevard, Northwest Conference Room.
1.3 On 24 day of October 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 dry lime sludge removal and
disposal, as more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, in accordance with the Scope of Services outlined in the Bid, "ITB No. 23-01111, attached
hereto and made a part hereof as 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. The price term is a firm price for
hauling dry lime sludge hauling, per cubic yard.
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 -CONTACTOR without the prior
written approval of CITY.
2.6 DumpinE Charees The Contractor will be responsible for payment of any and all dumping
charges. CONTRACTOR shall monthly provide proof of proper disposal of the dry lime sludge at an
authorizing dumping facility, with proof of payment for those disposal fees. Lime Sludge will be
hauled from the designated location to an approved disposal site(s). CONTACTOR shall be
responsible for supplying equipment and the manpower necessary for the transporting and disposal
of the lime sludge, unless otherwise specified.
2.7 Trip/disposal tickets on a form acceptable to the CITY and FDEP shall establish a chain of
custody from the CITY to the CONTACTOR and quantities delivered. Such tickets shall reflect
each load transported and shall match each load referenced in invoices submitted to the CITY for
payment by the CONTACTOR. These tickets will indicate the total cubic yards of sludge hauled,
date, driver, and ultimate disposal site for each truck load. Tickets will be signed by the Water
Plant Manager or his designated representative. The CITY will retain a copy of the tickets for its
records.
2.8 CONTACTOR shall coordinate and verify with the Water Plant Manager or designee in
measuring the quantities of sludge removed. Trucks will be loaded by the CITY utilizing a heavy
equipment excavator or front loader with a bucket capacity of one cubic yard. These measurements
will be the basis for payment. If trucks are not properly filled, the truck will be turned around and
reloaded.
a. Any violations of weight regulations or traffic laws will be the sole responsibility of the
CONTACTOR.
b. CONTACTOR will completely remove and sanitize any spillage, accidental or otherwise,
which occurs on or off the CITY's site. In addition, the CONTACTOR shall report the
spillage to the proper agencies and to the CITY in a timely manner.
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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
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
4.1 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. 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:
4.2. 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.
4.3. CONTRACTOR shall submit its invoices in the format and with supporting documentation
as may be required by CITY.
4.4. 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.
4.5. 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.
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.
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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 CONTACTOR shall not
commence Work under the Agreement until CONTACTOR 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 CONTACTOR shall not allow any employee of CONTACTOR 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, CONTACTOR shall be responsible for any and all policy deductibles and self -insured
retentions.
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
CONTACTOR 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.
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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. CONTACTOR'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 CONTACTOR 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 CONTACTOR (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 CONTACTOR, its employees, and Subcontractors.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the CONTACTOR 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
CONTACTOR, 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.
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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 CONTACTOR 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 CONTACTOR 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:
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 (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.
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 CONTACTOR 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.
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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 CONTACTOR 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.
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.
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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.
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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: erieraAdaniabeachfl.iiov
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
CONTACTOR: Pedro D. Hernandez, President
Govea Trucking Inc.
2126 Fillmore Street
Hollywood, Florida 33020
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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
13.1 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. CONTACTOR shall register for
and utilize the U.S. Department of Homeland Security's E-Verify System to verify the
employment eligibility of:
a. All persons employed by a CONTACTOR to perform employment duties within
Florida during the term of the contract; and
b. All persons (including sub vendors/consultants/subcontractors) assigned by
CONTACTOR to perform work pursuant to the contract with the CITY of Dania Beach. The
CONTACTOR 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
C. The CONTACTOR 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.
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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.
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
12
transcribe such material at such other location. Consultant shall make a reasonable effort to
maintain the confidentiality of such audit report( s).
15.3 AssiLnments; 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 parry
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.
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,
13
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 CONTACTOR 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 CONTACTOR's warranty may exclude damage or defect caused by abuse,
modifications not executed by the CONTACTOR, improper or insufficient CITY maintenance,
improper operation, or normal wear and tear under normal usage. The CONTACTOR 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.
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
SIGNATURE
PRINT Name
CONTRACTOR:
Govea Trucking Inc.
a Florida corporation
SIGNATURE
PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on , 2021, by Pedro D. Hernandez, as President
of Govea Trucking, Inc., a Florida corporation. He is personally known to me or has
produced as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
16
CITY OF DANIA BEACH, FLORIDA
LIME SLUDGE HAULING AND DISPOSAL
CITY INVITATION TO BID ("ITB.") NO. 23-011
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JUNE 26, 2023
TABLE OF CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE -BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION I
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
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
"LIME SLUDGE HAULING AND DISPOSAL"
ITB 23-011
NOTICE TO BIDDERS
NOTICE IS GIVEN that the City of Dania Beach, Florida (the "City" or "Owner") will be
accepting sealed Bids for its "LIME SLUDGE HAULING AND DISPOSAL, ITB 23-011".
Bids will be accepted on DemandStar until August 25, 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.daniabeach&zov.
MANDATORY PRE -BID CONFERENCE
A MANDATORY Pre -bid conference will be held VIRTUALLY on JULY 21, 2023 at 11:00
AM. 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.gov, 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 may join the meeting with this link:
https://daniabeachfl-gov.zoom.us/j/88692047411?pwd=OUNQOHBtSDBOUVBuYnZSbVREN1pDZzO9
BID DOCUMENTS
Bids must be submitted electronically on DemandStar, the City's designated electronic bidding
system. All bid document files must be clearly labeled "LIME SLUDGE HAULING AND
DISPOSAL, ITB 23-011".
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.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid
due date referenced above using Zoom meeting software 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 26, 2023
SECTION 1 - INTRODUCTION AND INFORMATION
1.1 SCOPE
The City of Dania Beach, Florida (the "City" or "Owner"), is actively seeking bids
from qualified Contractors (the "Contractor"), for a project known as "LIME SLUDGE
HAULING AND DISPOSAL, ITB 23-011". The City is seeking a firm price per cubic yard.
Contractor shall be responsible for the hauling and disposal of dry lime sludge from the City's
Water Treatment Plant located at 1201 Stirling Road, Dania Beach, FL 33004.
Contractor will have and maintain all necessary permits for transport and disposal of the dry lime
sludge produced. The Contractor will comply with all regulations pertaining to the transport and
disposal of the lime sludge.
The Contractor will be responsible for all related costs - whether stated or unstated - for the
acceptance, transport, management, and disposal of dry lime sludge in accordance with all existing
applicable regulations and in compliance with all requirements of this document.
The City's facilities are currently operating under regulations issued by Federal and State
regulatory agencies. The Contractor shall abide by any order, regulation, permit, license,
restriction, injunction, moratorium, or denial of permission to operate the facilities which may be
imposed or issued by any agency having jurisdiction. The Contractor shall cooperate with the City
during any test, experiment, construction, maintenance, or any other operation, which may affect
the production of lime sludge at the City facility.
Disposal Site
Lime Sludge will be hauled from the designated location to an approved disposal site(s).
Contractor shall be responsible for supplying equipment and the manpower necessary for the
transporting and disposal of the lime sludge, unless otherwise specified.
Scheduling
Lime sludge pickups to be made upon request by the Water Plant Manager or his designee at the
Water Treatment Plant. The City will give a two (2) day minimum notice to the contractor for all
pickups. Contractor shall notify the Water Plant Manager or his designee immediately whenever
unforeseen situations occur that may interfere with the scheduled transport.
Trip/disposal tickets on a form acceptable to the City and FDEP shall establish a chain of custody
from the City to the Contractor and quantities delivered. Such tickets shall reflect each load
transported and shall match each load referenced in invoices submitted to the City for payment by
the Contractor. These tickets will indicate the total cubic yards of sludge hauled, date, driver, and
ultimate disposal site for each truck load. Tickets will be signed by the Water Plant Manager or
his designated representative. The City will retain a copy of the tickets for its records.
Measurement of Quantities for Billing Purposes
Contractor shall coordinate and verify with the Water Plant Manager or designee in measuring the
quantities of sludge removed. Trucks will be loaded by the City utilizing a heavy equipment
excavator or front loader with a bucket capacity of one cubic yard. These measurements will be
the basis for payment. If trucks are not properly filled, the truck will be turned around and reloaded.
a. Any violations of weight regulations or traffic laws will be the sole responsibility of the
Contractor.
b. Contractor will completely remove and sanitize any spillage, accidental or otherwise,
which occurs on or off the City's site. In addition, the Contractor shall report the spillage
to the proper agencies and to the City in a timely manner.
Dumping Charges
The Contractor will be responsible for payment of any and all dumping charges.
Working Hours and Scheduling Intervals
Service shall be performed at hours designated by the Chief Operator or designee and in such a
manner as not to disrupt ongoing operations. Services will generally be required on a normal work
day excluding weekends and holidays, however City may require services at any given time.
Normal working hours are from 7 a.m. to 3 p.m. Contractor shall not have access to the property
after hours, without explicit approval from City.
The City reserves the right to inspect and reject all modes proposed by the Contractor for
transporting the dry lime sludge. The cleanup of any sludge which is dumped, spilled, or discarded
in any location other than a site authorized for that purpose, shall be the sole responsibility of the
Contractor, and conducted by the Contractor at his expense, in accordance with all applicable laws.
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.
1.3 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.
1.4 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 should 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.
d. NOTE: The City expects those personnel listed to be those who will be actually
performing the Project Work. Substitutions (Contractors only) will be permitted
only upon written approval of the City's representative or designee who is in charge
of the Project.
e. 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.
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 a
part 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
procurement(a1daniabeachfl.gov by 5:00 P.M. on August 14, 2023. Questions received after this
time will not be addressed.
4.2 For information pertaining to this ITB, email the Procurement Administrator at
procurementgdaniabeachfl.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 may be required
provide a 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 "E"; 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
10
incorporated into the ITB and the awarded agreement.
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.
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: Not required
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
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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.
10.2 The City reserves the right to repair any damages created by the Contractor and to deduct
the appropriate amount from any payment due to the Contractor. In all cases, the decision of the
City is final.
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.
12.2 Taxes: The City is exempt from any taxes related to the requested services, which may
otherwise be imposed by the state or federal government. This exemption does not transmit to
suppliers in their purchases of goods or services, used in work or goods supplied to the City. The
Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law.
The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and
complying with all requirements.
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
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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 ]CATIONS
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.
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 parry, 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
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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.
17.3 Florida 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:
Mailing Address:
Telephone number:
Email:
Elora Riera, City Clerk
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
954-924-6800, Ext. 3623
erieraA,daniabeachfl.gov
SECTION 18 - SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and
legal representatives to the agreement. Neither parry 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
19.1 Bidders' 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.
19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating
current financial resources, liabilities, capital equipment, and financial history performance.
19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by
the City for any one or more of the following reasons:
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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.
19.5 Non -responsive Bidder: A Bidder may be deemed to be non -responsive and a Bid may
be rejected for any of, but not limited to, the following reasons:
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,
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refuses or neglects to obey the instructions of the City's representative in anything relating to these
services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of
City's representative, be immediately relieved by the Contractor from the Project Work. Any
interference with, or any abusive or threatening conduct toward any City representative, its
assistants or inspectors by the Contractor, its employees or agents, or any member of the public
shall be grounds for the City to terminate the agreement and re -let the work. The Contractor shall
furnish all labor, materials, supplies and equipment necessary to properly maintain all Project
Work areas in an acceptable and safe condition.
Contractor represents that Contractor and each Sub -contractor has registered with and uses the E-
Verify system maintained by the United States Department of Homeland Security to verify the
work authorization status of all newly hired employees in compliance with the requirements of
Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If
Contractor violates this section, Municipality may immediately terminate this Agreement for cause
and Contractor shall be liable for all costs incurred by Municipality due to the termination.
21.2 Contractor agrees that it and its officers shall be held fully responsible, except as otherwise
prohibited by law, for all acts of their employees while in their employ.
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:
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
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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.
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
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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
27.1 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.
27.2 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.
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
18
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.
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.
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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.
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
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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
28.1 The 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.
28.2 Bidder, 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
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 qp(a),daniabeachfl.gov. A copy may also
be mailed to City Hall.
City of Dania Beach Finance Department
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with a copy to:
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
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 — N/A
SECTION 34 - BID PROTEST PROCEDURE
34.1 After 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.
34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the
expenses of administering the protest. If the protest is decided in the protester's favor, the entire
deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the
deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and
shall be the one percent (1 %) of the amount of the pending award to the initial successful Bidder
or five thousand ($5,000.00) dollars, whichever is less.
34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests.
Members of the Protest Committee will be appointed by the City Manager. If the Protest
22
Committee determines that the pending award of a contract or any element of the process leading
to the award involved a significant violation of law, applicable rule or regulation, all steps
necessary and proper to correct the violation shall be taken. If the Protest Committee determines
that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to
remedy it.
34.4 In the event of a timely protest, the City Manager shall stay the award of the Contract
unless, after consulting with the City Attorney and a representative from the City's Department
for which the services are being obtained, the City Manager determines that the award of the
Contract without delay is necessary to protect the substantial interests of the City. The continuation
of the bid award process under these circumstances shall not preempt or otherwise affect the
protest.
SECTION 35 - LITIGATION
35.1 In 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.
35.2 In 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 parry shall bear its own costs and expenses
including, but not limited to, court costs and reasonable attorney fees.
23
SECTION 35 - CONTRACT AWARD AND EXECUTION
35.1 Bid 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 ("RIFF), 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.
24
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
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;
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;
25
k. Communications to enable City staff to seek and obtain industry comment
or perform market research, provided all related communications between
a potential vendor, service provider, Bidder, 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
26
affected. This condition is to be avoided whenever possible and not last more than three
(3) days. Vehicular access must be provided by the end of each business working day. The
parking area location shall be coordinated by the Contractor, with the City's approval." In
the event that this option is approved by the City, the Contractor shall notify affected
residents at least 48 hours in advance.
a►/
EXHIBIT "A"
BIDDER QUALIFICATIONS
ITB NO.23-011
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:
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.
28
lo. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Percent Complete Completion Date Percent Complete Completion Date
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Percent Complete Completion Date
29
Project Title
Address
Owner
Owner's Telephone Number
Contract Value
Percent Complete Completion Date
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
30
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
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.
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.
31
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.
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
32
EXHIBIT "B"
I ft t1 W v6.0
ITB 23-011
Proposer, hereby declares that he or she has carefully read all terms and conditions of this solicitation
and fully understands the specifications contained herein, and does hereby agree to furnish all labor,
materials, tools, equipment, insurance, bonds, and incidentals and to sustain all the expenses incurred
in performing the work in strict accordance with the Bid, specifications, plans and drawings,
addendums, if applicable, which are made a part thereof at the following prices offered.
DESCRIPTION
PROPOSED PRICE PER CUBIC
YARD $
Estimated Volume = 2,0004,000 C.Y. per ear
Quanttty shown above is only an estimate of the amount of lime sludge to be removed over a
twelve (12) month time period. The City makes no guarantee of anv minimum amount to be
transported from the plant during the contract time period.
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):
OWNER:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Date:
Amount:
Date:
Amount:
Description
(name and location): Hauling and disposal of dry lime sludge from City's water treatment plant.
City Bid No. 23-011
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
Name
Title
Signature
Name
Title
(Any additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone:
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.
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.
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
Name
Title
Signature
Name
Title
Dated: , 20
END OF PERFORMANCE BOND
EXHIBIT "D"
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or any other parry 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
BOND
Project Name: "LIME SLUDGE HAULING AND DISPOSAL"
City's Bid No.: 23-011
Date:
Amount:
Hauling and disposal of dry lime sludge from City's water treatment plant.
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to this Bond: None
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
Signature
See Page(s)
SURETY
(Corporate Seal)
Signature
Name
Title
Name
Title
(Any additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone
Facsimile
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
Name
Title
Signature
Name
Title
Dated:
END OF PAYMENT BOND
20
EXHIBIT "E"
BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
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? If 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 U87.133(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. 23-011.
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.
5. 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 2023, by
9 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: LIME SLUDGE HAULING AND DISPOSAL
City's Invitation to Bid No.: 23-011
Name of Bidder
SIGNATURE of Bidder or Authorized
Agent of Bidder
Title
2023.
Date
STATE OF FLORIDA
COUNTY OF
ss:
PRINT Name of Bidder or Authorized
Agent of Bidder
BEFORE W, 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
submitted the attached Bid;
of
the Bidder that has
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
Address
FLORIDA RESIDENT AGENT
Name
Address
EXHIBIT "J"
BID BOND
SURETY
Name
Address
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: LIW SLUDGE HAULING AND DISPOSAL
ITB No. 23-011
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
Corporate Name and Seal
(or other Full Legal Name)
Signature
Printed Name and Title
Attest
Attest
(Attach Power of Attorney)
Corporate Name and Seal
(or other Full Legal Name)
Signature
Printed Name and Title
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 i£
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
the Bidder that has submitted the attached Bid;
of
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.
Notary Public
PRINT Name of Notary Public
My commission expires:
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)
of
the
(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
EXHIBIT "B"
BID FORM
ITB 23-011
Proposer, hereby declares that he or she has carefully read all terms and conditions of this solicitation
and fully understands the specifications contained herein, and does hereby agree to furnish all labor,
materials, tools, equipment, insurance, bonds, and incidentals and to sustain all the expenses incurred
in performing the work in strict accordance with the Bid, specifications, plans and drawings,
addendums, if applicable, which are made a part thereof at the following prices offered.
DESCRIPTION
PROPOSED PRICE PER CUBIC
YARD
Volume = 2,000-4,000 C.Y.
$ 2s, -/,A
Quantity shown above is only an estimate of the amount of lime sludge to be removed over a
twelve (12) month time period The City makes no guarantee of any minimum amount to be
transported from the plant during the contract time period