HomeMy WebLinkAboutR-2024-149 Bejar Construction Inc. Bid Award for Mullikin Park Improvements (ITB 24-018)RESOLUTToN NO. 2024--!4q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORZING THE AWARD OF INVITATION TO BID
c'ITB',) NO. 24-018, ENTITLED, "MULLIKIN PARK IMPROVEMENTS" TO
BEJAR CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED SIx
HUNDRED FIFTEEN THOUSAND FOUR HI.]NDRED SIXTY-ONE
DOLLARS ($61s,461.00), PLUS FIFTY THOUSAND DOLLARS ($50,000'00)
IN CONTINGENCY FUNDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city of Dania Beach was awarded $200,000 in grant funding through
the Florida Recreation Development Assistance Program (FRDAP) with a $200,000 match in
Augtst 2022 for the Mullikin Park Improvements Project (the "Project); and
WHEREAS, on August 22, 2023, the City Commission of the City of Dania Beach
approved Resolution 2023-084, entering into an agreement with Kimley-Hom and Associates
Inc. for the Design Services related to the Project and authorized the Parks and Recreation
Department to solicit through formal bidding the construction services for the park
improvements; and
WHEREAS, on July 12, 2024, the City issued ITB. No. 24-018 entitled "Mullikin Park
Improvements for the selection of a qualified firm for Construction Services for the Project; and
WHEREAS, on August 16,2024, the City received six (6) responsive and qualified bids
to ITB No. 2024-018, shown below:
i. Bejar Construction, Inc. $615,461.00
2. Ryan Construction, lnc. $789,488.00
3. Persons Services Corp. $822,879.00
4. Vercetti Enterprises $856,770.61
5. M&J General Contractors $930,081.48
6. Sky Living Co. $1,147,795.89; and
WHEREAS, the Committee's assessment of the respondent bid packages, as well as the
review by the design services team from Kimley-Horn and Associates lnc., resulted in the
selection ofBejar Construction, Inc., as the most responsive and responsible proposer; and
WHEREAS, the city Administration recommends that the city commission award ITB
No. 24-018 to Bejar Construction, Inc. and authorize the proper ciry officials to execute an
agreement for Construction Services for the Project, which agreement is attached as Exhibit "A"
and incorporated into this Resolution by this reference.
NOW, TTIEREFORE, 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 ofand incorporated into this Resolution by this reference'
section 2. That the city commission authorizes the proper city officials to execute
a contract with Bejar Construction, Inc. for the Construction Services for the Project in an
amount not to exceed Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars
($615,461.00) plus Fifty Thousand Dollars ($50,000'00) in Contingency funds, for a total
Project cost of Six
($665,46 r .00).
Hundred Sixty-Five Thousand Four Hundred Sixry One Dollars
Section 3. That funding in the amount of one Hundred Sixry-one Thousand Six
Hundred Twenty-One Dollars ($161,621.00) is currently available and appropriated within the
Grant Fund Mullikin Park Project Account No. 103-72- 10-5 72-63-10. Upon approval of this
Resolution, additional funding in the amount of Five Hundred Three Thousand Eight Hundred
Forry Dollars ($503,840.00) will be appropriated from General Fund Unassigned Fund Balance
Account No. 001-00-00-389-90-01 and transferred to the Grant Fund Project Account, as
follows:
Account No. / Description Revenue Expenditure
001-00-00-389-90-01 Appropriated Fund Balance $ 503,840'00
001-18-00-519-91-03 Transferto GrantFund $ 503,840'00
103-00-00-3 81-00-01 Transfer from General Fund $ 503,840.00
lO3-72-lO-572-63-tO Mullikin Park Project Account $ 503,840'00
Section 4. That the city Manager is authorized to approve uses of the project
contingency upon written request from the Parks and Recreation Depaltment Director.
Section 5. That all resolutions or parts ofresolutions in conflict with this Resolution
are repealed to the extent of such conflict.
section 6. That this Resolution shall become effective within ten (10) days of its
passage and adoption.
PASSED AND ADOPTED on
2
2024.
RESOLUTION #2024.Hq
Motion by r\$\bycondse
FINAL VOTE ON ADOPTION
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. RYan IV
ATTEST:
ELORA
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
B UTSIS
TTORNEY
Un-imour'/
Yes No
C IV
MAYOR
-)REsoLUrroN #20 24-vtq
TlllS IS AN AGREEMENT ("Agreemenf') dated
2024. betu'een the Citv ol Dania Beach. Florida. a Florida municipal corporation ("Cit),"). with
its principal place of business located at 100 West Dania Beach Boulevard. Dania Beach.
Florida 13004 and Bejar Construction. Inc. (''Contractor"). a Florida corporation qith an
address of 6326 SW l9l Avenue. Pembroke Pines. Florida 33332. with a contact name and
emai l. Benny Bejar. bej arconstructiona@rlmln.ce![
In consideration of the mutual covenants. terms and conditions contained in this
Agreement, and for other good and valuable consideration. the adequacy and receipt of which
are acknowledged and agreed upon, the parties agree as follows:
Cify. The Citl of Dania Beach, Florida.
City Code. The City ol Dania Beach Code of Ordinances.
Force Majeure: An1- event which results in the prevention or delay of perfbrmance by
a party of its obligations under this Agreement and which is beyond the reasonable
control of such party including. but is not limited to tire. earthqualies. hurricanes.
tomadoes. storms. lightning, epidemic. pandemic. war. riot. civil disturbance. sabotage.
and govemmental actions (provided that City's actions cannot delay of the City' s
compliance hereunder).
Governmental Approvals: All govemmental and quasi-governmental approvals fiom
applicable city, county and other agencies and authorities required to develop the
Propertl. including. but not limited to. development of regional impact approvals. site
plan approvals, comprehensive land use plan approvals. plat approvals and recordation.
pubtic dedications. environmental approvals. zoning approvals. building permits and all
other govemmental approvals required in connection with the development ol any
lmprovements at the Property (and the expiration of all appeal periods r'r'ith respect
thereto). modification or vacation of easements or both, and other matters pertaining to
the Property.
Governmental Authority. Any federal, state, county, municipal or other govemmental
department. entii)_'. authoril'. corffnission board. bureau. court. agency. or an)-
instrumentaliqv ol any of them now existing or hereafter created. having jurisdiction
over the Property or any portion thereot-.
Governmental Requirement. Any law. enactment. statute' code' ordinance. rule.
regulation. judgment. decree. writ" injunction. order. pemrit, certificate. license.
auihorization, agreement. or other direction or requirement of any Govemmental
Authority nor,r.existing or hereafter enacted. adopted. promulgated. entered. or issued.
Contractor shall comply with all Govemmental Requirements applicable to the
operations and Propeg. including- uithout limitation. those prohibiting discrimination
by reason of race. color. religion. sex, marital status. sexual orientation. gender identity.
A(;REEMENT
l. Definitions.
national origin, or handicap in the development, construction, management. Agreement,
use. occupzrnc) ofthe operation and Proper6. or any portion thereof.
Work. The labor and materials required to complete the construction of the
Improvements on the Property. and any related buildings or structures not located on the
Propert.v. in a good and r.r,orkmanlike manrer in accordance with the Plans and all
applicable Govemmental Requirements.
2. Scope of Sen'ices The Contractor agrees to provide construction services ("Sen,ices" or
"Work") associated with the City's Invitation to Bid (lTB) No.24-018 entitled, Mullikin Park
Improvements". *hich Bid is incorporated b1'this reference into this Agreement as Exhibit(A". this reference to Exhibit A also includes all addendums. The FRDAP grant program is
administered by the Florida Department of Environmental Protection (FDEP) and provides
tinancial assistance lbr acquisition or development of land for public outdoor recreation. The
grant provides for a range of improvements including the installation of pavilion shelters. a
basketball court and various site enhancements. The contractor shalt be responsible for
fumishing all labor and materials to construct the lacilitl in accordance with project plans and
specifications.
This project wilt be partialll, funded b1. State lunds and bidders should consider the
compliance requirements contained in the Grant Agreement. number A3018. which document
is included in the Exhibit "8", between the city of Dania Beach and the Florida Departmenr
of Environmental Protection. Bidders must carefulll'review and become tamiliar with the Grant
Agreement conditions that govem this contract. All state and federal requirements contained
u'ithin the grant agreement are applicable to the respondent.
This Agreement encompasses the Contractor's response: provided, however that ifthere is
any conllict between the terms of the Agreement and the contractor's response to Cit1. the
Agreement is controlling. The Services are identified and described in the contractor's
response as Exhibit "B" \r'hich exhibit is incorporated by reference into this Agreement.
3. subcontracts. [t is expressly agreed to by the parties that the city shall approve in
adr"ance in uriting an) subcontractors and the fees to be paid them by Contractor. prior to any
such Subcontractor proceeding with any such work. contractors shall only designate
employees who are sufticientll, skitled to provide the required sen,ices specified in this
Agreement. Any' person employed to provide the sen'ices who tails, refuses or neglects to obe)
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 ciry-'s representative, be
immediatell relieved bv the contractor from the Project work. Anv interference w.ith. or an1.
abusive or threatening conduct toward any City representative. its assistants or inspectors by the
contractor. its emplol'ees or agents. or any member of the public shall be grounds for the ciry'
to terminate the agreement and re-let the u'ork. The Contractor shall fumish all labor. materials.
supplies and equipment necessary to properly maintain all Project Work areas in an acceptable
and saie condition. It is expressly' agreed to by the parties that the City shall approve in advance
in writing anv subcontractors and the iees to be paid them by contractor. prior to any such
subcontractor proceeding with any such u.ork.
Contractor agrees that it and its officers shall be held fully responsible, except as
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4.
otheruise prohibited by lall. tbr all acts of their employees while in their emplo1,.
4.1 Code Related Inspections. The Contractor recognizes that the Cit) ol Dania Beach.
Development Services Department, is a department within the City of Dania Beach. separate
and apart tiom the City ol Dania Beach's Engineering Department. that is charged with the
inspection of improvements to real propertv for code compliance. The Contractor agrees that it
will not assert. as a Cit.v caused delay. or as a def'ense of any delay on lhe part of the
Contractor. any good-faith action or series of actions on the part ol the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept an"y portion of the Contractor's Work. If it is ultimately determined by the Architect and
Citl' that such delal. ras not the result of Contractor's failure to compll uith the Agreement
Documents. the Contractor may be entitled to make a claim lor extension of Agreement Time
only as its exclusive remedy, in accordance with the terms of the Agreement.
-1.2 Commercial Actii. ities Contractor shall not establish anv commercial activitv or issue
concessions or permits of any kind to third parties for establishing commercial activities on
lands owled or controlled by City. Contractor shall not allow its employees to engage in any
commercial activities on the site.
4.3 Cooperation With Others. Citv and other contractors may be working at the site during the
pertbrmance ol this Agreement. Contractor shatl fully cooperate with the City. City's
designated Representative, and other separate contractors to avoid any delay or hindrance of
their work. City may require that certain facilities be used concurrently by Contractor and other
parties, and Contractor shall comply with such requirements. The City shall provide fbr
coordination ofthe activities of the City's own forces, and ofeach separate contractor, u.ith the
Work of the Contractor. w'ho shall cooperate and participate with other separate contractors
and the City in reviewing their construction schedules.
4.4 The below listed documents are to be used by the Contractor and City during the
administration of this Agreement. Additional administrative forms may supplement this list
upon written notice by the City (or City's Project representative). City resen'es the right to
modifo these tbrms as it deems necessary. Contractor shall maintain logs for ltems A-K and
provide to City monthly.
A. Request for Information
B. Field Instruction
C. Field Bulletin
D. Construction Change Proposal
E. Change Order
F. Construction Change Directive
G. SubmittalTransmittal
H. Deficiency Report
l. Non-Conformance Report
J. Contractor's Daily Report
K. Substitution Report
4.5 Contractor shall provide and maintain all utilities in work areas to meet the requirements ol
the Agreement. Such utilities shall be fumished b-v the Contractor and shall include. but not be
limited to. the fbllo*'ing:
J
Public telephone sen'ice for the Contractor's use.
Construction power as required at each point olconstruction
water as required throughout the construction.
4.6 Prior to tlnal acceptance of the Work. the Contractor shall. at its erpense. satisfactoril)'
remove and dispose of all temporary utilities developed to meet the requirements of the
Agreement. The City will assume the utility costs directly related to its usage of areas in which
the Work has been certified as Substantially Complete.
4.7 Coordination And Correlation O I Drar.r'ings And Snecitications. l-he Contractor
represents that the Contractor. its Subcontractors, material and equipment suppliers have
carefully and diligently compared Phasing. Demolition. Landscaping. Architectural. Structural.
Electrical. Underground. Civil and Site Drawings and Specifications. and have compared and
revieued all general and specific details on the Drau'ings. Contractor shall not be liable to the
Citl'for damages or costs resulting fiom errors. omissions. or inconsistencies in the Agreement
Documents, or fbr differences between field conditions and the Agreement Documents, unless
the Contractor recognized. or in the exercise of its due diligence, should have recognized the
issue and knorvingl-,-' failed to report it to the Cit). Contractor shall have the right to rell on the
completeness and accuracl of information, Drauings. Specitications, and other Agreement
Documents provided by the City or Design Consultants.
4.8 Asree ment lntemretation. All claims of Contractor . and all questions the Contractor
ma1' have conceming interpretation or clarification of this Agreement or its acceptable
tulllllment shall be submitted immediately. in writing. to City fbr resolution. City. or its
representatives. will render its determination conceming such resolution within an appropriate
period, not to exceed five (5) calendar days. unless additional time is needed due to the novelty
or complexitl' of the interpretation or clarification requested. which determination shall be
considered t'inal and conclusive unless Contractor tlles a timely uritten protest pursuant. as a
Dispute. The Contractor's written protest shall state clearly and in detail the basis thereol. and
the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon
within five (5) calendar days If Contractor does not agree with the City's decision. the
Contractor shall immediatell delir,'er qritten notice to that effect to the Cit). [l questions of
interpretation are not responded to b-v the Architect or Citl within the time tiame above. and in
a manner so as not to impede the natural progress of the Work as scheduled. and such delay
impacts the critical path ol'the Work. Contractor shall be entitled to adjustment in the
perlbrmance time as its exclusive remedy. Contractor is solely responsible fbr requesting
instructions or interpretations and is solely' liable tbr an)'cost and/or expenses arising t-rom irs
f'ailure to do so. Contractor's failure to protest City's determinations, instructions. clarifications
or decisions rvithin five (5) calendar days after receipt thereol shall constitute a waiver by
Contractor ofall its rights to f'urther protest. judicially orotherwise.
5. Date Of Commencemcnt And Substanlial Completion
5.1 The Date of Commencement is the date from which the Contract Time is measured. and
shall be the date set forth in the NOTICE TO PROCEED as issued b1 the Cit1. Should the
Contractor incur costs prior to the issuance of the NOTICE TO PROCEED. anl such costs shall
A
B
C
,+
be incurred at the Contractor's risk. and the Citi' shall not reimburse the Contractor tbr anv such
costs under an1' circumstances. Notwithstanding the foregoing. City mal-' reimburse Contractor
lor actual costs incurred relating to perlormance and payment bonds and insurance, with
submittal ol invoices. in the event that City terminates this Contract for convenience" as
provided in the General Conditions. lf Contractor fails to commence the Work within one ( I )
ueek ol the date set fbrth in the NOTICE TO PROCEED. City may terminate rhe Contract
immediately. without providing an opportunity to cure.
5.2. The Contractor shall achieve Substantial Completion not later than one hundred tu.ent_v
( 120) calendar days and Final Completion of the entire Work not later than one hundred flftt
( 150) calendar days, each commencing u,ith the date set forth in the NOTICE TO PROCEED as
issued by the Citv, subject to adjustments of this Contract Time as provided in the Contract
Documents.
5.3 Term. The term of this Agreement shall be through and including March 3l 2025 or
completion of the Services, whichever date is sooner
6. Pavment for Services.
6.1 City agrees to pay Contractor a not-to-exceed amount Six Hundred Fifteen Thousand
Four Hundred Sixtl-One Doltars ($615.461.00) based on the items and associated fees shoun in
the Contractor's Bid Bond. u,hich is attached as part of Exhibit -B" and incorporated into the
Agreement by this relbrence. A Fifty Thousand Dollar ($50,000.00) Contingency Fund is also
included in this Agreement.
6.2 No travel and meal costs uill be reimbursable unless incurred outside of Miami-Dade.
Broward and Palm Beach Counties. which costs shall be approved in writing in advance by the
City. Any such costs are payable at the City reimbursement rate.
6.3. The Agreement Sum is based upon the cost agreed upon b1' the parties. for the
satisl'actor) performance olthe Work in accordance with the Agreement Documents.
6.4 The value of any construction Work covered by a Change Order or of any claim for an
increase or decrease in the Agreement Sum shall be determined in one of the tbllowing ways at
the City's option:
(A) Where the Work involved is covered by unit prices contained in the Agreement
Documents. bv application of unit prices to the quantities of items involved without
additional fees.
6.5 Contractor may expend funds only lor allowable costs resulting from obligations
incurred during the specified Agreement period.
6.6 Any balance of unobligated funds which have been advanced or paid must be refunded
to the City.
)
(B) Bv mutual acceptance of a lump sum price.
6.7 Any funds paid in excess of the amount to which the Contractor or sub-contractor is
entitled under the terms of the Agreement must be refunded to the Cit1.
6.8 Any additional infbrmation as required in Section 215.97, Florida Statutes.
6.9 Anl necessary additional work. as determined by Ciry-'. which is not covered bl the
approved written proposal. shall not be undertaken without a written amendment to this
Agreement executed by both parties in advance of any work.
6.10 Contractor shall submit its invoices in the format and with supporting documentation as
may be required by City.
7. Billin Procedure.
7.1 The p ref'erred method lor invoices is to send via email to a daniabeaohfl.A copy
may also be mailed to City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach. Florida 33004
u ith a copl to
Cit_v of Dania Beach
Parks and Recreation Department
Attn: Cassi Waren. Director
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
7.2 The City u,ill pay to the Contractor for the faithtul pertbrmance of the Agreement. in
lawful money of the United States. and subject to adjustments as provided in the Agreement
Documents. the amounts equal to the sum of the unit. lump sum price or both established for
each separatell identitjed rvork item" times the estimated quantit) ofthat item. as indicated in
the Schedule of Prices.
7.3 As provided in the Bid. the quantities entered in the Schedule ofPrices for each item of
work is an estimate only and the final Agreement amount and the total payment made to the
Contractor will be based on the actual number of units of each work item incorporated in the
Work of the Agreement. It is understood that the unit prices quoted or established fbr work
items will be used fbr computing the amount to be paid to the Contractor. based on the
quantities actually constructed as determined by the applicable measurement and payment
portion ol the Specifications.
7.4 Based upon Applications tbr Pal'ment submitted to the Cit"v b-"- the Contractor and
6
Certifications of Pa.vment issued by the Cit). the Citl shall make progress pa)ments on account
of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement
Documents and in accordance with Part VII of Chapter 2l 8, Florida Statutes, as it may be
amended from time to time. entitled the "Local Govemment Prompt Payment Act."
7.5 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month. or as follows:
(A) Each Application tbr Payment shall be based upon the Schedule of Values
submitted b) the Contractor in accordance r.lith the Agreement Documents. The
Schedule of Values shall allooate the entire Agreement Sum among the various portions
of the Work and be prepared in such fbrm and supported by such data to substantiate its
accurac) as the Cit)'may require. This Schedule. unless objected to by the Cit1. shall be
used as a basis for reviewing the Contractor's Applications for Payment.
(B) Applications fbr Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered b1-the Application fbr Payment.
7.6 Subject to the provisions of the Agreement Documents, the amount of each progress
payment shall be computed as follows:
(A) Paymenl tbr services perfbrmed may'be made on a monthl) basis upon approval
of the Application lbr Payment by the designated official of the City. The Agreement
may include phases of performance to be negotiated. There will be separate phases fbr
design responsibilities and for construction responsibilities. Retainage will be withheld
on all pavments as authorized bl state law until Citl'acceptance olthe Project and City'
has received evidence of satisfbctory completion of the Agreement.
(B) Ten percent (10%) of monies eamed by the Contractor shall be retained by' City
until Final Completion and acceptance by Citl', except lbr the fbllow'ing items: General
Conditions and self-performed work pertbrmed on a cost reimbursement basis. if any.
After fi fiy percent (50%) of the Work has been completed, Contractor may request that
the Agreement Administrator reduce the retainage to five (5%) percent ol all monies
previousll eamed and all monies eamed lhereafier. and Citl shall grant such request.
provided that there are no pending claims by the City for delay or otherwise" and
provided further that there are no pending third party claims against the City as a result
of the Work. including claims for non-payment by Contractor's lou.er-tiered
subcontractors and suppliers (''Claims''). At any time thereafter. Agreement
Administrator may increase retainage back to ten percent (10%) olall monies previousll,
eamed and all monies eamed thereafter, if in the sole discretion of the Agreement
Administrator. such increase is necessary to protect the Citl, tiom any Claims. and such
retainage may be deducted tiom any monies then due or that is to become due the
Contractor. After ninety (90%o) percent ol the Work has been completed. and provided
that there are no pending Claims, the Agreement Administrator may reduce the retainage
to t\r'o and one-half (2-ll2%) percent of all monies previously eamed and all monies
eamed thereafter. Subsequent to Final Completion and prior to Final Pa_"-ment.
Agreement Administrator ma.v reduce retainage to a nominal amount at the sole
7
discretion ol the Agreement Administrator. An1 reduction in retainage shall be in the
sole discretion of the Agreement Administrator, and Contractor shall have no
entitlement to a reduction. Citv shall hold retainage in the amount of two and one-half
percent (2-l l2o/o) or such reduced amount as applicable. until the expiration of an1'
applicable $ arrantv periodls) to ensure completion of Contractor's w arrant) obligations
and maintenance of all required insurance coverages during the warranty period(s).
Any interest eamed on retainage shall accrue solel)'to the benefit of City.
(C) City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
(l)
(2)
Defective Contractor or Subcontractor Work not remedied.
Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor.
Failure ofContractor to make payments properly to subcontractors or for material
or labor.
Damage to another subcontractor not remedied.
Failure of Contractor to provide any and all documents required bl the
Agreement Documents.
(3)
(4)
(5)
7.7 Application tbr Payment after the tirst Application shall be accompanied by
a Certification of Payment form. provided by the City'. from the Contractor and each Supplier
and Subcontractor. in amounts equal to those stated in the PRIOR Application fbr the
Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due
payment. The Application for Payment for Retainage shall be accompanied by a linal
Certification of Pa1'ment and Release of Claim iorm lrom the Contractor. each Supplier and
Subcontractor in amounts equal to those stated in the Schedule olValues.
tl. Final Pavment
Final payment. constituting the entire unpaid balance olthe Agreement Sum. shall be made by
the City to the Contractor when:
(A) the Agreement has been fully performed by the Contractor except fbr the
Contractor's responsibility to correct nonconlorming Work. if an1'. r,r'hich obligation
survives final payment and continues thereafter:
(B) a final Certification ol Payment has been issued b1'the Cit): such tlnal payment
shall be made by the City not more than thirty' (30) days after the issuance of the
Contractor's tlnal Certitication of Payment:
(C) final Ce(ification of Payment has been fumished from the Contractor. Suppliers and
Subcontractors: and
(D) a Consent olSuretv. ifany, for final payment
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9. Par ment and Perlbrmance Bond
The Contractor agrees that belbre commencing any work or construction the Contractor shall
maintain. at all times" a lalid pa1'ment and performance bond. consistent uith the requirements
contained in the I'fB. attached as Exhibit A. The executed Bonds shall be attached to this
Agreement as Exhitrit C.
10. Protection Of Pro
The Contractor shall at all times guard against damage or loss to City property or property ol
other persons. r,endors or Contractors and shall be responsible fbr replacing or repairing anl'
such damage or loss. The Contractor will be required to report any such damages immediately
to the Cir)'s representative in charge of the Project. The Cit-v resen'es the right to repair an1
damages created by the Contractor and to deduct the appropriate amount from any payment due
to the Contractor. In all cases, the decision ofthe Citl is final.
I l. Florida Trench Sale tv Act
The Conrractor shall include \,.ith its Bid, when applicable. all documentation required b-v the
Florida "Trench Safety Act", Section 55i.63, Florida Statutes. The unit prices and total prices
presented in the Bid. and those presented in any subsequent change orders shall include the
Contractor's cost lbr compliance with the applicable trench safety standards.
12. Trash.
Contractor shall be responsible for the daily removal of trash and debris from the Project work
sites and upon oompletion olthe Project Work.
1-1. Puhlic Bitl Disclostrre Act.
ln 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
f-ees required by the Cit-r'and payable to the Cib.- by virtue of the work. items. or services as part
of the agreement are as fbllows:
(A)Contractor shall have and maintain during the term of the agreement any and all
appropriate Cit1, licenses. l'ees (and business tax receipts. if applicable). which shall be
paid in full in accordance with the City's t'ee 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 perfbrmance of the agreement, there may be times when the Contractor will
be required to obtain a permit lbr such work, or in connection u'ith 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 pertbrmance of the work. Any fees related
to the required permits in connection with the agreement will be the sole responsibility
olthe Contractor.
9
(C)Licenses, permits. and fees may be required by Broward County. the state of Florida or
the t'ederal government.
(D) City will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination Sl stem (NPDES).
l.+. Satbn .
The Contractor shall be responsible for initiating, maintaining and supervising all sat-ety
precautions and programs in connection u'ith the Project Work. The Contractor shall comply
with the rules and regulations of the Florida Department of Commerce regarding industrial
saf'et1' (Florida Statutes. Section 440.56) and with the standards set fbrth in the federal
Occupational Sat'ety and Health Act of 1970 (OSHA). and its amendments. Contractor. b),
submitting a bid. certifies that all materials and equipment to be supplied fbr the Project will
meet all federal and state requirements. including but not limited to. the Occupational Satety
and Health Act (OSHA).
I 5. Warranty.
The contractor shall wanant to the City that materials and equipment ftmished under the
agreement will be of good quality and new unless otherw.ise required or permitted by the
Agreement Documents: that the Work will be free fiom def'ects. and that the Work uill conform
to the terms and conditions of the agreement. work not conforming to those terms and
conditions. including substitutions not properlJ' approved and authorized mal be considered
del'ective. The Contractor's warranty may exclude damage or def'ect cause<i by abuse.
modifications not executed b)' the contractor, improper or insufficient city maintenance.
improper operation. or normal wear and tear under normal usage. The Contractor shall fumish
satisfactor)' evidence as to the kind and quality ol materials and equipment. All manufacturers'
product w-arranties shall be registered in the City's name and fbr its sole beneflt.
16.1 Standards of Construction An1' and all construction of Improvements shall be
pertbrmed in such a manner as to provide that the Improvements shall: (i) Be structurally sound
and saf'e for its intended use. and free tiom anv unusual hazards: (ii) Be designed for use tbr
only those purposes permitted under Section 13 hereof; (iii) Be fire resistant to the extent
required b1' the provisions of the local appticable building codes and shall not be used lbr the
manufacture or storage of tlammable. explosive or hazardous materials in violation of
applicable larl: (ir') Substantialll' compll. uith the Approved Conceptual plans: (v) Comply
r.r,'ith the terms and provisions ol this Agreement: and (vi) comply with all applicable laws.
ordinances. rules, regulations and procedures ol all appticable Govemmental Authorities. I-he
City may refuse to grant approval if the proposed f-acilities as shown on such plans and
specifications r,,'ill f'ail to meet the criteria set lbrth abol.e.
16.2 Comply w.ith A pplicable Lau,.All Improvements constructed or installed b1' the
Contractor. its agents. or contractors. shall conform to all applicable state. i-ederal. countv. and
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16. ConstructionOualitv.
contractor agrees to perform all work ("work") required to complete the construction of the
Improvements on the Property in a good and workmanlike manner.
local statutes. ordinances. building codes. fire codes. and rules and regulations. as amended
16.3 Consultation. If requested by the Citx-. the Contractor and its architect. engineer and
contractor shall meet with the City in periodically scheduled meetings to assess the current
status of completion.
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16.4 Contractor's Oblisations During Construction. Prior to the Completion Date.
Contractor shall:
(A) Provide all architectural and engineering services, scaffolding. hoists. temporar)'
structures, light. heat. power, toilets, temporary utility connections. equipment, tools
and materials and other requirements for the perfbrmance of the Work:
(B) Maintain the Property in a clean and orderly condition, at all times. taking into
consideration the public beachfront nature of the Project. and remove all paper.
cartons and other debris fiom the Propertyl
(C) Preserve all properties adjacent to or leading to the Property. and restore and repair
any such properties damaged as a result of construction ol the Work, whether such
properties are publicly' or privately owned;
(D) lmplement and maintain at all times a comprehensive hurricane and flood plan for
the Propert-v and the Work. and provide a copy of same to the Cit). if requested:
(E) Provide construction flencing.
(F) As Builts. Within one hundred twentl ( 120) days after the date a CO is issued for
lmprovements constructed by Contractor during the term of this Agreement. the
Contractor shall at its expense, provide the City w-ith a complete set of "as built"
plans and specilications. including mylar reproducible "record" drar.r'ings. and, if
available. one set of machine readable disks (or comparable) containing electronic
data in an AUTOCAD tbrmat that meets the City's graphic standards of the "as-
constructed" or "record" plans for such Improvements. The "as built" plans
submitted b""-'Contractor must show the square fbotage of each Improvement
depicted in such plans.
(G) Use diligent eftbrt to complete the Work in a commercially reasonable time under
the circumstances and in accordance with this Agreement. At all times make
diligent efTort to have proper supervision of the general contractor or other
employees or agents of the Contractor upon the Property site.
(H) Contractor Progress Reports. At the request of City. Contractor will deliver
\eritten reports of the progress ol construction to the City Manager or his or her
designee.
(I) City''s Representative. The City may designate one or more employees or agents
to be the Ciry''s Representative for the Project so that he or she may. subject to site
conditions and during normal business hours, visit and the Property.
(J) Certificates of Final Completion. After Contractor completes the Work and
obtains a Certificate of Occupancl for the Improvements. the Citl' uill deliver to
Contractor. a recordable Certitlcate of Final Completion certif ing that. to the best
of the City''s knowledge. Contractor has satislled all its obligations to the City. in
its capacity as Landlord under this Agreement, tbr the construction ofthe specified
lmprovements.
16.5 Sitc Conditions Contractor has the sole res ponsibility of satislying itself concerning the
nature and location of the Work and the general and local conditions. and particularll . but
without limitation. with respect to the tbllowing: those aff-ecting transportation. access,
staging" parking. disposal. handling and storage ol materials: availabilitl. quantit) and
quality of labor, water and electric power: availability and condition of roads: climatic
conditions. location of underground utilities as depicted on Agreement documents. and
through verification with local utility companies and the City, physical conditions ol
existing construction. topographl and ground surface conditions: subsurtace geologl. and
nature and quantity' of surl-ace and subsurface materials to be encounteredt the nature of
the ground water conditions: equipment and facilities needed preliminary to and during
perlbrmance olthe Agreement; and all other matters which would be reasonably' known to
a licensed general contractor with expertise in streetscape and related infiastructure
construction as in any way aflbcting pertbrmance of the Agreement. or the cost associated
n'ith such pertbrmance. The failure of Contractor to acquaint itself w-ith anl applicable
condition will not relieve it lrom the responsibility tbr properly estimating either the
difllculties or the costs ol successlully and timely- performing the Agreement.
,16.6 The Citl' shall not be responsible lbr any conclusions or interpretations made b1 the
Contractor based on the information made available by the City. The City shall not be
responsible tbr any understanding reached or representation made conceming conditions u'hich
can affect the Work by any ol Contractor's of}icers. employees. agents. subcontractors. material
men. or suppliers betbre execution of this Agreement" unless that understanding or
representation is expressly stated in this Agreement.
16.7 The provisions of this Section l6 shall be deemed a complete uairer b1, the Contractor
of claims fbr equitable adj ustment in Agreement Time or Price. or both. unless due to ( I )
subsurlace or concealed conditions w'hich differ materially tiom those indicated on the
Agreement Documents. or (2) unknown physical conditions of an unusual nature u,hich diffbr
materialll tiom those ordinarill found to exist and generally recognized as inherent in
construction ol the character provided in the Agreement Documents; provided however. that
claims under this Section 16 shall be denied in lhe event that the conditions uere reasonablv
inf'erable fiom activities, testing and investigations performed in connection with the Pre-Con
Agreement. and which would otherwise provide to Contractor an expectation that the conditions
could be similar elsewhere in the Project.
16.8 Warrantv. Unless other*ise provided elseu'here in the Agreement- all materials and
equipment incorporated into any Work covered by the Agreement shall be new and. where not
specilied. of the highest grade and qualiqv for their intended use. and all uorkmanship shall be
in accordance with construction practices acceptable to City. Unless otherwise provided in the
Agreement. Contractor warrants all equipment. materials. and labor fumished or performed
under this Agreement. against defects in design, materials and workmanship. 1br a period of
tu,elve (12) months (unless longer guarantees or \\arranties are provided lbr elsewhere in the
Agreement in which case the longer periods of time shall prevail) lrom and alier Substantial
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Completion of the Work under the Agreement. regardless of whether the same were fumished
or pertbrmed bv Contractor or by' any of its subcontractors ofanl tier. Even in the event that the
City' assumes partial utilization of portions of the Work prior to completion of all Work. the
Warranties fbr that po(ion shall also extend for twelve ( 12) months from Substantial
Completion olthe entire Work, so that all wananties are running concurrentlv upon Substantial
Completion of the total Project.
16.9 Upon receipt ol written notice fiom City of any det-ect in any such equipment. materials.
or labor during the applicable warrantv period due to defective design. materials or
uorkmanship. the affected item or parts thereof shall be redesigned. repaired or replaced b1'
Contractor at a time and in a manner acceptable to City in compliance with the Agreement
Documents. at its expense.
16.10 Contractor warrants such redesigned. repaired or replaced Work against def'ective design.
materials and workmanship tbr a period ol twelve ( 12) months from and afier the date of
acceptance thereof. Should Contractor fail to promptly make the necessary redesign. repair.
replacement and tests. after nritten notice from Ciq specif ing the det'ects, Citl may perfbrm or
cause to be performed the same, at Contractor's sole cost and expense.
16.11 Contractor shall pertbrm such tests as Citl-may require to verifu that such redesign.
repairs and replacements comply with the requirements olthis Agreement. All costs incidental
to such redesign" repair, replacement, and testing, including the removal. replacement. and
reinstallation ofequipment and materials necessary to gain access. shall be bome exclusivelv by'
Contractor. Hon'ever. if such testing determines that the Work is not defbctive. than City shall
compensate Contractor lbr such costs oltesting and any effects on previously completed work.
[6.12 Contractor and its Surety shall be liable fbr the satisfaction and tull pertbrmance olthe
warranties as set forth herein, and any damage to other parts of the Work caused by the
Contractor's lailure to perform pursuant to this section 16.
16. I i The Contractor shall commence Work to remedy or replace the defective. deficient
Work within t'ive (5) calendar days after receiving written (including transmittals by email)
notice from the CiO. subject to allouance for long-lead items. Ilthe Contractor fails to remedl'
or remove or replace that Work or material which has been found to be deftctive. or reasonably
commence corrective action. then the City may remedy or replace the defective or deflcient
Work at the Contractor's expense: provided- however" all repairs to natural gas. telephone. radio.
computer securitl-. water. electric. air conditioning services and all emergency services shall be
commenced within twelve (12) hours ol notiflcation. or by 7:00 a.m. whichever is earlier, and
Contractor shall complete the repairs in an expeditious manner befitting the nature of the
deficiency. The Contractor shall immediately pay the expenses incurred by the Citl- for
remedying the def'ects. If the City is not paid within ten ( l0) calendar days. the City may pursue
anv and all legal remedies it mal have against the Contractor and its Surety'.
16.14 The Contractor is required to provide a designated telephone number lor warranty
related emergencies which occur outside the normal workda1,. The Contractor is solel-r-
responsible fbr ensuring that all uarrantl' Work is completed in the manner described above. [f
the City agrees, in writing, a subcontractor may be the point of contact for notices regarding
warrantv items" but such agreement shall not absolve the Contractor of its responsibility.
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16.15 Ingress/Egress. Contractor's access to the Work area will be pernritted only through
approaches that will be designated by Citl'. and then only in such manner that Contractor's
tratfic will not interfere with City's operations and Merchants/Tenants adjacent to the activit)'
area(s). Contractor shall. at all times. maintain reasonabl-v tiee unimpeded ingress and egress at
the site. Contractor personnel are not to enler into an! areas ofthejobsite other than Work areas
and areas of designated acoess. Contractor shall safely maintain. at all times during the
perfbrmance of the Work. both vehicular and pedestrian tralfic in. around. and adjacent to the
Project.
16.16 Preconstruction Conf'erence. As soon as practicable after execution of this Agreement.
and prior to commencing any Work. a pre-construction cont'erence will be coordinated by the
Contractor and the City. In attendance at said conference will be City, Architect, and any oftheir
representatives as ma-'- be deemed advisable. The purpose of said conference is to determine
procedures related to the smooth progress of the Project. revieu of anf items requiring
clarification, maintenance of traffic. merchant and pedestrian accessibility, related safety issues,
and procedures for the processing and distribution of all documents and correspondence related
to the Agreement. among other things.
16.17 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all
meetings called b1'City to discuss the Work under the Agreement. Such meetings shall be
conducted and recorded by the City with typed minutes of each meeting distributed to all
attendees.
16.1 8 Deliverr. Unloae!!ng Anrl Stql4ge Contractor shall, at its er pense, receive, unload, store
in a secure place. and deliver from storage to the construction site all materials. plant and
equipment required for the performance of the Agreement. The storage tacilities. methods of
storing and security provisions shall meet City's approval and manul'acturer's recommendations.
Materials and equipment subiect to degradation by outside exposure shall be stored in a weather
tight enclosure.
16.19 Work Area. All Contractor's Work areas on the jobsite will be assigned by City.
Contractor shall conflne its oftlce, shops. storage. assembly and equipment and vehicle parking to
the areas so assigned. Betbre commencing Work, the Contractor shall provide a temporary
olfice on the site ol the Work, which shall have a telephone where a representative of the
Contractor ma1'be reached at all times during normal working hours. Should Contractor find it
necessary or advantageous to use any additional land outside the Project site for any purpose
whatever. Contractor shall. provide and make its own arrangements for the use of such
additional land.
16.20 Plant. Equipment And Facilities. Contractor shall provide and use on any Work only
such construction plant and equipment as are capable of producing the qualitl and quantity of
work and materials required by the Agreement and \.!ithin the time or times specified in the
Agreement. Before proceeding with any Agreement Work or with erection of any facilities.
including. but not limited to, temporar)' structures. machinery. equipment. olllces and
warehouses. Contractor shall fumish City suoh intbrmation and drawings relative to such
equipment. plant t'acilities as Ciry- may request.
16.21 Upon written order of City, Contractor shall discontinue operation of unsatisfactory
plant and equipment or facilities and shall either modif! or remove the unsatisfactory items
f'rom the site.
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16.22 Contractor shall not remove construction plant or equipment fiom the site before the
Work is finally accepted without City's written approval. Such approval shall not be
unreasonably withheld.
16.23 Contractor-Furnished Materials. Equipment And Workmanship. Only new. unused items
of recent manufacture. of designated quality, but in no event less than the standard quality for
the improlements" free tiom det'ects. uill be accepted. Rejected items shall be removed
immediatell' from the Work and replaced w'ith items of specified qualitl. Failure by Citl to
order removal of rejected materials and equipment shall not relieve Contractor lrom
responsibilitl fbr quatit"v of the materials supplied nor from an.v other obligation under the
Agreement Documents.
16.24 Contractor shall continuously check architectural and structural clearances lor
accessibilitl of equipment and mechanical and electrical s),stems. No allowance ol anl kind
will be made for Contractor's negligence to loresee means of installing equipment into position
inside structures.
16.25 No Work defective in conslruction or quality. or deflcient in meeting any requirement
of the Agreement Drawings and Specifications. will be acceptable regardless olCit-v's lailure to
discover or to point out det'ects or deficiencies during construction: nor rvill the presence ol
tield representatives at the Work or the satist-action of the Work meeting applicable code
requirements relieve Contractor fiom responsibility for the quality and securing progress of
Work as required b1'the Agreement Documents. The City shall notill the Contractor of
def-ective or unacceptable Work ilthe City discovers such. Detective Work revealed nithin the
time required by wananties (whether expressed or implied) shall be remedied in accordance
with Section 15. entitled. -Warrant1 ." No payment. whether partial or tinal. shalI be construed
as an acceptance of defective Work or improper materials.
16.26 Contractor shall waive "common practice" and "common usage" as construction criteria
wherever details and specifications or governing codes and ordinances require greater quantitl
or better quality than common practices and common usage would require. Contractor shall
order and schedule delivery of materials in reasonable time to avoid delays in construction.
Delal s in deliverl of equipment or material purchased by the Contractor or its Trade
Contractors shall not be considered as a cause tbr an adjustment of the Agreement Time or a
basis fbr damages or compensation. The Contractor shall be iully responsible fbr the timell'
ordering. scheduling. expediting. delivery. and installation ofall equipment and materials. lfan
item is fbund to be unavailable. Contractor shall notif, City immediately of recommended
substitute(s) to permit City's selection ofa suitable substitute.
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16.27 Cily will exercise sole authoritv lbr determining conformance of workmanship,
materials. equipment and systems with the requirements of the Agreement. Revier. and
appror,'al of all items proposed by' Contractor tbr incorporation into the Work rvill be b1 Cit1.
This function by City wi apply both to approvals for the Agreement as initially signed. and to
approvals tbr changes to Agreement by moditications during progress ol the Work. Rel-erence
to manufacturers' nanres. brands and models is to establish the t)pe and qualitl desired.
Substitutions ma1'be permitted unless specifically noted otherwise in this Agreement.
16.28 \[hen materials. equipment. or s]stems are specified by performance onl1. uithout
reference to specific manufacturer's brands or models, Contractor shall submit its own choice
for City's review and approval. supported by sufficient evidence of conformity with the
Agreement Documents.
16.29 Substitutions. Prior to proposing anl substitute item. Contractor shall satisfy itsell that
the item proposed is. in t-act. equal or better to that specified. that such item uill fit into the
space allocated, that such item affords comparable ease of operation, maintenance and serlice.
that the appearance. longevitl, and suitability fbr the climate are comparable. and that by
reason ol cost salings. reduced construction time. or similar demonstrable benefit. the
substitution of such item w-ill be in City's interest, and will in no way impact detrimentally
upon the Project completion date and schedule. The burden oiproof of equalit;' ofa proposed
substitution ibr a specitied item shall be upon Contractor prior to Citl''s decision on such
substitution. Contractor shall support its request with sutficient test data and other means to
permit Citl to make a lair and equitable decision on the merits of the proposal. Contractor
shall submit drau'ings. samples. data. certiflcates, and additional infbrmation as mav be
required by the City for proposed substitute items.
Any item b1' a manul'acturer other than those specified or of brand name or model number or
of generic species other than those specified will be considered a substitution. City witl be the
sole judge of rvhether or not the substitution is equal in quality. utilitl and economl to that
specified. Contractor shall allou an additional seven (7) calendar days for City's revieu'of
substitution. All requests for substitutions with submittal data must be made at least fourteen
(14) calendar da-vs prior to the time Contractor must order. purchase. or release for
manuf'acture or t-abrication. Materials and methods proposed as substitutions for specified items
shall be supported by certification oltheir approval lor use by all govemmental agencies having
jurisdiction over use of specific material or method. Substitutions ma) not be permitted in
those instances nhere the products are designed to match artistic design. specitic tunction or
economy of maintenance.
16.30 Expeditins The equipment and material lumished under this Agreement may be subject
to expediting by Cit-v. at City's expense. City shall be allow-ed reasonable access to the shops.
factories. and other places of business of the Contractor and its subcontractors and suppliers. for
expediting purposes. As required by City, Contractor shall supply schedules and progress
reports for City''s use in expediting and Contractor shall cooperate with Cib" and require its
subcontractors and suppliers to cooperate with City' in such expediting. An1' expediting
perfbrmed by City shall not relieve Contractor of its sole and primary responsibility tbr
timeliness of delivery of the equipment and material to be fumished under this Agreement.
16.3 I Field Lavout Of Work All Work under this A greement shall be constructcd in
accordance with the lines and grades shown on the Agreement Drawings or as approved by the
Citl in writing. Elevation of existing ground. structures and appurtenances are believed to be
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reasonably correct but are not guaranteed to be absolute and theretbre are presented only as an
approximation. All survey work for construction control purposes shall be made by a land
sun'e)or registered in the State of Florida. uith demonstrated experience in the Project area. and
who shall be employed bl the Contractor at Contractor's expense. The Contractor shall establish
all base Iines for the location of the principal component parts of the Work together with
permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the
information provided by the Agreement Drawings. the Contractor's surveyor shall develop and
make all detail surv'eys necessary lbr construction including establishment or construction of
grid coordinates as shoun on the Agreement Dra\\'ings. location ol propertl, boundaries. stakes
for all uorking points, lines and elevations. City shall provide surve;-'s necessary fbr utility
easements.
The Contractor shall have the responsibility to carefully presene all benchmarks. ret-erence
points and stakes. In case of destruction thereof by the Contractor resulting from his
negligence. or lor an1' other reason. it shall be held liable for anl expense and damage
resulting therefrom and shall be responsible for any mistakes that may be caused by the
unnecessary loss or disturbance of such benchmarks, reference points and stakes. Existing or
ne\.! control points. property markers. and monuments that will be established or are destroyed
during the normal course ol construction shall be reestablished b]' the Contractor. and all
reference ties recorded therefor shall be tumished to the Cit)'. All computations necessarv to
establish the exact position ofthe Work shall be made and presened by the Contractor.
16.32 Contractor Furnished Drawinss. Data And Samnles. Review and permission to
proceed by Citr as stated in this Agreement does not conslitute acceptance or approval of
design details- calculations. anall ses. test methods. certificates or materials developed or
selected b1' the Contractor and does not relieve Contractor from lull compliance with
contractual obligations. Drawings. samples, catalogues. data and certificates required shall be
submitted to the Ciry" fbr review. All conespondence tiom the Contractor to the City shall be
numbered sequentially and the submittal number shall be referenced. Submittal drauings
(shop. erection or setting diagrams) and schedules. required for uork of various trades. shall be
checked befbre submission by technically qualified emplol'ees ol Contractor for accuracl..
completeness and compliance with Agreement requirements. These drawings and schedules
shall be stamped and signed by Contractor certifying to such check. The certification stamp
shall read as lollows:
"l certi$' that I have checked this submittal for accuracy. completeness and compliance with
Agreement requirements. and it has been coordinated with all other submittals and
Agreement Documents."
SIGN DATE
16.3i Drawin Where drawings are required lor (a) t-abrication of Contractor fumishedS
equipment; (b) installing Contractor fumished material or equipment; or (c) planning and
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pertbrmance of the Work under Agreementr such drawings shall be originally generated and
submitted b1.and at the expense of the Contractor before fabrication. installation or performance
is commenced. Each submittal shall be made not less than tburteen (14) calendar days prior to
the time that the drawings are required in accordance with the schedule. Allow at least seven (7)
calendar days fbr review by the Engineer. Such drawings shall include, but not be limited to.
matchmarks, erection diagrams and other details. such as field connections for proper
installation. erection ol the equipment. and performance of the Work.
16.34 Samples. Samples are physical examples that illustrate materials. equipment or
workmanship and establish standards by which the Work will be judged. Samples of all items of
related sy'stems (i.e.. adjacent surfaces requiring similar colors but manuf-actured of difterent
materials) must be submitted in the same time t'rame belore the approval process can begin.
Where samples are required. they' shall be submitted b"v and at the expense of the Contractor.
Such submittal shall be made not less than thirty five (35) calendar days prior to the time that the
materials represented by such samples need to be ordered for incorporation into any Work in
accordance w-ith the schedule. Allow'at least seven (7) calendar days lbr City's rerieu.
Materials represented b1' such samples shall not be manutactured. delivered to the site or
incorporated into an)' Work without such revieu. Each sample shall bear a label shouing the
Contractor's name, date submitted, Project name, name olthe item, manutacturer's name, brand
name. model number. supplier's name, and ref'erence to the appropriate drawing. Technical
Specitication section and paragraph number. all as applicable. Samples that have been reviewed
ma)'. at Architect's and Cit)''s option. be retumed to the Contractor fbr incorporation into the
Work.
16.i5 Catalosues. Data atd{4ttllatq Where catalo gues, data or certillcates are required.
one 1l) digital copl' and one (1) copy of each shall be submitted by and at the expense of the
Contractor. Such submittal shall be made not less than fourteen ( l4) calendar days prior to the
time that the materials represented by such catalogues. data or certificates must be ordered tbr
incorporation into any Work in accordance with the BAR CHART schedule. Allon'at least 7
calendar days lor Architect and City's review. Material represented by such shall not be
fabricated. delivered to the site or incorporated into any Work without such review. Certiflcates
shall clearly identifi. the material being certified and shall include but not be limited to
providing the following information: Contractor's name" Project name. name of the item.
manuf'acturer's name. and reference to the appropriate drawing. Technical Specitication section
and paragraph number all as applicable. All catalogues, data and certificates submitted bi' the
Contractor shall be certit-red and dated by the Contractor on the lace ofeach catalogue. data and
certitlcate to be correct and shall be fumished in accordance rvith these requirements and the
requirements ol the Technical Specifications.
16.1(r Construction Schedule. Within ten (10) calendar days after the date of the City's
issuance of a Notice to Proceed. the Contractor shall prepare and submit to the Ciry- a BAR
CHART construction schedule in graphically depicting the activities contemplated to occur as a
necessar)' incident to performance of the Work required to complete the Pro.iect, showing the
sequence in which the Contractor proposes tbr each such activity to occur and duration (dates of
commencement and complelion, respectively) of each such activity. The City's initial approval
lor the purposes ol this Section. and any other provisions in the Agreemenl Documents related
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16.36.I The construction schedule shall include the fblloning
(a) Brief description ofeach activity.
(b) All submittals. samples, approvals. fabrication. and deliveries lor equipment and
materials.
(c) Activities showing scheduled start and finish, late start and tlnish.
and float.
(d) Relations between activities.
(e) Duration ofactivities. No activity shouldbe scheduled for more than l9 uorkdays.
(f) Contractual and other major milestones including phasing.
(g) Schedute activities to include labor and material.
(h) An allowance for delays due to weather. Agreement Time extensions fbr weather delays
will be granted only when all of the conditions and criteria for evaluation of time
extensions have been met pursuant to the General Conditions.
(i) Upon acceptance ofthe original Schedule, the Early Start and Early Finish dates tbr all
activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions
to the schedule must be submitted in writing and approved by the City.
() The detailed BAR CHART schedule submittal shall include one (l) digital color copy
and one (l ) color copy of the following:
(k) Time Scaled Network Diagram.
(l) Bar Chart in the following formats:
(m)Sorted by activity.
1n) Sorted by total float.
(o) Sorted by early start.
(p) Precedence and Successor report.
(q) Narrative report.
(r) Computer diskette. (One copy)
(s) Submittals shall be organized under Standard CSI fbrmat.
(t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with
an updated CD accompanied by an Apptication for Payment. Contractor shall meet with
the City and Architect/Engineer of Record to review and verily:
i. Actual start and finish dates for completed activities.
ii. Remaining duration required to complete each activity started, scheduled
to start. but not completed.
iii. Logic and time, for change orders that are to be incorporated into the
diagram and computer produced schedules.
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to the Contractor's responsibility to prepare and submit schedules shall be limited to a
determination that the activities. durations and logic are reasonable. The construction schedule
shall be complete in all respects, covering. in addition to activities and interfaces uith other
Contractors at the site of the Work, ofTsite activities such as design. t'abrication" an allowance
lor ueather delal s. submittals. procurement and jobsite delivery of Contractor fumished material
and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a
time scale using arrow or precedence t"v-pe diagramming. The construction schedule acti\ ities
shall mirror the pal ment application breakdown.
16.i7 Follorving der,'elopment and submittal of the construction schedule as afbresaid. the
Contractor shall, at the end of each calendar month occurring thereafter during the period of
time required to finally complete the Project. or at such earlier inten'als as circumstances ma)'
require. update and/or revise the construction schedule to show the actual progress olthe Work
pertbrmed and the occurrence of all events which have affected the progress ol performance of
the Work alreadl' perfbrmed or uill alfect the progress of the performance of the Work 1et to
be performed in contrast with the planned progress of performance of such Work, as depicted
on the original construction schedule and all updates and/or revisions thereto as reflected in the
updated and/or revised construction schedule last submitted prior to submittal ol each such
monthly update and revision.
16.38 The Contractor shall prepare and incorporate into the schedule data base. at the
required inten'als. the fol lou'ing schedules:
A. Subcontractor Construction (Sub-netu'orks) - Upon the au'ard of each
subcontract. the Contractor shalljointly with the subcontractor. develop a schedule q'hich is
more detailed than the pre-bid schedule included in the Specifications. taking into account the
Work schedule of the other subcontractors. The construction schedule shall include as man)
activities as necessary to make the schedule an elfective tool fbr construction planning and fbr
monitoring the performance of the subcontractor. The construction schedule shall also sho*
pertinent activities lor material purchase orders. manpouer suppll'. shop drawing schedules
and material delivery schedules.
B. Occupancl Schedule - The Contractor shall jointly develop uith the Engineer
and City a detailed plan. inclusive ol punch lists, tlnal inspections, maintenance training and
tum-over procedures. to be used for ensuring accomplishment of a smooth and phased
transition fiom construction to Ciq' occupanc). The Occupancy Schedule shall be produced
and updated monthly fiom its inception through final City oocupancy.
16.39 The Contractor shall submit a written nanative report as a part of his monthly revieu
and update in a lbrm agreed upon bl the Contractor and the Citl-. The narrative report shall
include a description of problem areas: current and anticipated delaying tactors and their
estimated impact on pertbrmance ofother activities and completion datest and an explanation
of corrective action taken or proposed.
16..10 The Contractor shall have in its employ for the length of this Project. at least one
qualified scheduling specialist whose responsibilitl as to this Agreement will be to prepare.
plan and draft the construction schedules. monitor the construction progress. analyze
scheduling problems for resolution. update the Construction Schedule as required in the
Agreement, and maintain updated infbrmation as required regarding the interface with other
contracts. The costs associated herewith. and all scheduling activities. are included in the
Lump Sum.
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iv. Percentage for completed and partially completed activities.
16..{l The Contractor agrees that whenever it becomes apparent from the current progress
review meeting or the computer produced calendar dated schedule that the Agreement
completion date u'ill not be met. the Contractor shall execute some or all ol the follou ing
remedial actions at Contractor's sole cost and expense:
A. lncrease construction manpower in such quantities and crafts as necessary to
eliminate the backlog of Work.
B. lncrease the number of working hours per shift. shilis per working day. working
days per week, the amount of construction equipment, or any combination of the
foregoing to eliminate the backlog ol Work.
C. Reschedule the Work in confomrance with the specification requirements
16.42 Prior to proceeding with any of the above actions, the Contractor shall notif, the City
of the proposed schedule changes. Such actions shall be incorporated b1 the Contractor into
the diagram betbre the next update, at no additional cost.
16.43 Responsibilitv For Work Securitl Contractor shall. at its expense. at all times conduct all
operations under the Agreement in a manner to avoid the risk of loss, theft or damage by
vandalism. sabotage or other means to any propert-y. Contractor shall promptl) take all reasonable
precautions r.lhich are necessary and adequate against any' conditions qhich invoh'e a risk of
loss. theft or damage to its property, at a minimum. Contractor shall continuously inspect all its
Work. materials. equipment and facilities to discover and determine any such conditions and
shall be solely' responsible fbr discol'er1. determination and correction of anl such condition.
Contraotor shall prepare and maintain accurate reports of incidents of loss, thett or vandalism
and shall lumish these reports to Cir"v.- within three days of each incident.
16.44 Protection Of Work ln Pros!:e!s- \4qlett4ls 4!d EqliBlaqll Contractor shall be
responsible for and shall bear an1'and all risk ofloss or damage to Work in progress. all materials
delivered to the site, and all materials and equipment involved in the Work until completion and
final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is an1
loss or damage r.vhich results fiom acts or omissions ol the Citl' or its representatives or other
contractors. Permanent openings or thoroughfares for the introduction of r.l'ork and materialsto
the structure and construction site shall be protected so that upon completion. the entire Work
uill be delivered to the CiR' in proper. rvhole and unblemished condition.
16.45 Protection Of Existine Property Contractor shall so conduct its o peratlons as not to
damage. close, or obstruct any utility installation, highway, road or other property until permits
theretbre have been obtained. tllacilities are closed. obstructed. damaged or rendered unsafe b1
Contractor's operations. Contractor shall. at its expense. make such repairs and provide
21
temporary guards, lights and other signals as necessary or required for saf-ety and the w'elfare of
persons on the jobsite and the general public.
Contractor shall conduct its operation so as not to damage an1'existing buitdings or structures.
The Contractor shall verify that means and methods of construction used inside, adjacent to.
under or over existing buildings will not cause damage. The Contractor shall provide
protection methods uhich ensure the saietl of persons on the jobsite and the general public.
Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that
would disrupt or otherwise interf-ere with the operation of any pipeline. telephone. electric.
radio. gas. transmission line. ditch or other structure. nor enter upon lands in their natural state
until approved by City. Thereafter" and befbre it begins such Work, Contractor shall give due
notice to Ciry- of its intention to start such Work. Contractor shall not be entitled to any
extension of time or an)' extra compensation on account ofan) postponement. interference. or
delay' cause by any such line. ditch or structure on or adjacent to the site of the Work. Il
Contractor has exercised due diligence. such as, but not limited to. conducting soft digs,
securing utilit1' locates. as u,ell as other activities both during its Pre-Con pertbrmance and
thereafter. Contractor shall not be held responsible tbr any damages caused to anl lines. cables.
pipes, or pipelines which are not depicted on the surveys, studies. reports, investigations and
legal descriptions ofthe site supplied to the Contractor.
Contractor shall preserve and protect all cultivated and planted areas and vegetation such as
trees. plants. shrubs and grass on or adjacent to the Project. which. as determined b; Cit1. do
not reasonably interfere with the performance of this Agreement. Contractor shall be
responsible for damage to any such areas and vegetation and fbr urauthorized r.:utting oftrees
and vegetation" including" without limitation" damage arising lrom the performance of its work
though operation of equipment or stockpiling ol materials. AII cost in connection uith any
repairs or restoration necessary or required by reason of any such damage or unauthorized
cutting shall be bome by Contractor.
16.46 Labor. Contractor shall employ only competent and skilled personnel to pertbrm the
Work. Contractor shall. if requested to do so by City. remove fiom the jobsite any personnel of
Contractor whom Citl determines unlit or acting or u orking in r, iolation of any provision ol this
Agreement.
Work assignments and the settlement of jurisdictional disputes shall conlorm uith either the
Rules. Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the
Construction Industry, and any successor agreement thereto. or any other mutually established
method of determining work assignments and settling jurisdictional disputes. Contractor shall
compll with and shall cooperate with City in enforcing jobsite conditions and job uork rules
which directly afl-ect the performance of the Work including, but not limited to. starting and
quitting time. smoking regulations. check-in and check- out procedures. job site safet-v
regulations and securitl regulations. emergency plans and procedures. and daill clean-up.
The Contractor and subcontractors shall be bound by and comply with all Federal. State and
local lau,s *ith regard to minimum wages. overtime work. hiring. and discrimination. All work
necessary to be performed after regular uorking hours. on Saturdal's. legal and Ciry' holidays.
shall be performed without additional expense to the City. The Contractor shall comply with the
22
Copeland Anti-Kick Back Act ( I 9 U.S.C. 874) as supplemented in the Depanment of Labor
Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be
prohibited fiom inducing by any means. any person employed in the construction, completion
or repair ol public work. to give up an1, part of the compensation to uhich he is otheru ise
entitled.
16.47 Equal Emplovment Oprrortunitv During the performance of this Agreement. the
Contractor agrees as fbllows:
(a) The Contractor will not discriminate against any employee or applicant for
employment because ol race. color. religion. sex. sexual orientation. or national origin.
The Contractor n'ill take affirmative action to ensure that applicants and emplolees are
treated during employment without regard to their race, color. religion, sex, sexual
orientation, or national origin. Such action shall include. but not be limited to the
fbllowing: Employment. upgrading. demotion" or transf'er: recruitment or recruitment
advertising: la1'off or terminationl rates of pay or other fbrms ol compensation; and
selection for training. including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment. notices to
be provided by the Citl setting forth provisions of this nondiscrimination clause.
(b) The Contractor will. in all solicitations or advertisements tbr employees placed fbr. by,
or on behalf ol the Contractor, state that all qualified applicants will receive
consideration fbr employment without regard to race, color. religion. sex, sexual
orientation. or national origin.
(c) The Contractor w'ill send to each labor union or representatives of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to
be pror.ided by the City. advising the labor union or workers' representative of the
Contractor's commitments under Section 202 of Executir, e Order I I 246 of September
24. 1965, and shall post copies ol the notice in conspicuous places available to
employees and applicants lor employment.
(d) The Contractor rvill comply'with all provisions of Executive Order I1246 ol September
24. 1965. and of the rules. regulations. and relevant orders of the Secretary ofLabor.
(e) The Contractor will fumish all infbrmation and reports required by Executive Order
I 1246 of September 24. 1965, and by the rules. regulations. and orders of the Secretary
of Labor. or pursuant thereto. and will permit access to his books. records. and accounts
by the City and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules. regulations, and orders.
(fl In the e\ent of the Contractor's noncompliance uith the nondiscrimination clauses of
this Agreement or with any ofsuch rules, regulations, or orders. this Agreement may be
cancelled, terminated or suspended in whole or in part and the Contractor may be
declared ineligible for f'urther contracts in accordance uith procedures authorized in
Executive Order 11246 of September 24. 1965. and such orher sanctions may. be
imposed and renredies invoked as provided in Executive Order 112.16 of September 24.
I 965. or by rule, regulation. or order of the Secretary of Labor. or as otherw-ise provided
bv law.
2i
(g) T'he Contractor will include the provisions of paragraphs A through F in every
subcontract or purchase unless exempted by rules. regulations, or orders olthe Secretary
of Labor issued pursuant to Section 204 of Executive Order I1246 of September 24.
1965. so that such provisions uilt be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontractor or purchase order as
may be directed to the Secretary oi Labor as a means of enforcing such provisions
including sanctions fbr noncompliance: Provided. houever. that in the e\ent the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction. the Contractor may request the United States to enter
into such litigation to protect the interest ofthe United States.
(h) All regulations. guidelines, and standards lawfully adopted under the goveming statutes.
16.48 Saf'etl' & Protectiol Qf Pc$s$ a irspqar
.I6.48.1 Responsibilit-v For Safbtv Ald Hs4llh. The Contractor shall be res ponsible for
initiating. maintaining and supen ising all safety precautions and programs in connection with
the Work to be pertbrmed under the terms of the Agreement ("Work"). The Contractor shall
take all precautions and follor.r'all procedures for the sal'ety of'. and shall provide all protection
to prelent injury to. all persons involved in anl wal in the Work and all other persons.
including, without limitation, the employees, agents, guests, visitors, invitees and licensees of
the City'and Users who may be aflected thereby. The Contractor shall set forth in r.r,'riting its
sat-etl precautions and programs in connection *'ith the Work and submit the same to the Cit).
The City may" but shall not be obligated to. make suggestions and recommendations to the
Contractor with respect thereto.
16.48.2 All Work. r.r'hether pertbrmed by the Contractor. its Sub- Contractors or Sub-
subcontractors. or anyone directly or indirectly employed by any ol them. and all equipment,
appliance. machinery. materials. tools and like items incorporated or used in the Work. shall
be in compliance with. and conform to:
(a) all appticable lavvs. ordinances. rules. regulations and orders of any public.
quasi-public or other authority relating to the saf'et,v of persons and their protection
against injury. specifically including. but in no event limited to. the Federal
Occupational Salety and Health Act of 1970. as amended and all State" Local. Citl'and
Count) rules and regulations now or hereatier in eftect; and
(b) all codes. rules. regulations and requirements of the Citl' and its insurance carriers
relating thereto. In the event ofconflicting requirements. the more stringent shall govem.
16.48.3 Should the Contractor lail to provide a saf-e area for the performance of the
Work or an) portion thereof. the Citv shall have the right. but not the obligation- to
suspend Work in the unsaf-e area. All costs ofany nature resulting from the suspension.
I,l
bv vvhomsoever incurred. shall be bome bl the Contractor.
16.18.4 The Contractor shall provide. or cause to be provided. to each n'orker on the Job
Site the proper saf-ety equipment tbr the duties being perfbrmed by that worker and u'ill
not permit any uorker on the Job Site rvho fails or refuses to use the same. The Citl
shall have the right. but not the obligation. to order the Contractor to send a worker
home lor the day or to discharge a worker tbr his or her lailure to comply with safe
practices, with w-hich order the Contractor shall promptly- comply.
16.48.5 The Contractor shall def'end. indemnif,' and hold the Cit1. the Cit1,'s
Representative and their respective oflcers. directors, agents. employees and assigns.
harmless fiom and against any and atl liability. public or private. penalties. contractual
or otheru,ise. losses. damages. costs. reasonable attomeys't-ees" expenses. causes of
action. claims orjudgments to the extent resulting trom any failure ofthe Contractor. its
subcontractors or sub-subcontractors or anyone directl.v or indirectly employed by any
of them or fbr whose acts any of them may be liable, to comply with the provisions of
this General Condition.
16.48.6 [n any and all claims against those indemnilled hereunder by any employee of
the Contractor. any subcontractor or sub-subcontractor. anyone directly or indirectly
emplol'ed b1 an1. of them or anl'one for r,"'hose acts anl ol them ma1' be liable. the
indemniflcation obligation under this Paragraph shall not be limited in anv wal to an1
limit(s) on the amount or type of damage. compensation or benefits payable by or fbr
the Contractor or any subcontractor or sub-subcontractor under any workers'
compensation acts. disability' benellt acts or other employee benefit acts.
16.49 Protection Ol Work And Propertyi Respox$bdiry Iar Lalr The Contractor shall,
throughout the perfbrmance ol the Agreement, maintain adequate and continuous protection of
all completed Work and temporary facilities against loss or damage lrom whatever cause. shall
protect the propery' ol the City' and third parties tiom loss or damage from uhatever cause
arising out of the performance of the Agreement and shall compll with the requirements of the
City and its insurance carriers and with all applicable laws, codes. rules and regulations with
respect to the prevention of loss or damage to the property. The City. their representatives or
insurance carriers mav. but shall not be required to. make periodic patrols ol the Job Site as a
part of its normal sal-et1. loss control and security programs. [n such event. however. the
Contractor shall not be relieved of its afbresaid responsibilities and the Citv shall not assume. nor
shall it be deemed to have assumed. any responsibility otherwise imposed upon the Contractor
b1- this Agreement.
tJntil final acceptance of the Work by the Cit-v the Contractor shall have f'ull and complete
charge and care of and. except as otherwise provided in this subparagraph or elsen'here in this
Agreement. shall bear all risk of loss ot. and injury or damage to. the Work or any portion
thereof (specifically including Ci5' fumished supplies. equipment or other items to be utilized
in connection uith. or incorporated in. the Work) fiom any cause whatsoever. except to the
25
extent caused b1 Cir1-. its representatives. or contractors.
16.50 Surtace And Suhsurface Water. Surface or subsurface water or other t'luid shall not be
permitted to accumulate in excar,ations or under or in the structures. Should such conditions
develop or be encountered. the water or other t'luid shall be controlled and suitabll disposed of
by means of temporary pumps, piping, drainage lines and ditches, dams or other methods
approved by the City in writing. The proposed location and coordination of temporary
channels and conduits conducting accumulated water lrom the Job Site shall be permitted b1
the proper regulatory agencl and submitted to the Cit)' for its prior written approval. All such
Work shall be doneat the sole expense ofthe Contractor.
16.51 Emergencies. In anl emergencl' aff'ecting the sat-et1" of persons or propert)'. or in the
event ofa claimed violation of any tideral or state safety or health law or regulation, arising out
of or in any way connected with the Work or its pertbrmance, the Contractor shall act
immediately to prevent threatened damage. injury or loss to remedy said violation. whichever is
applicable. Failure bl Contractor to take necessan emergency action shall entitle the Cit)' to
take uhatever action it deems reasonably necessary'. including, but not limited to, suspending
the Work. The City may offset anv and all costs or expenses of whatever nature. including
reasonable attomeys'f'ees. paid or incurred by the City in taking such emergency action against
an)', sums then or thereatier due to the Contractor. The Contractor shall defend. indemnif; and
hold the City harmless against any and all costs or expenses pursuant to this Section. b1'
whomsoever incurred.
16.52 Citv's Standards. The City reserves the right" but assumes no duty. to establish and
enfbrce standards. and to change the same from time to time. lbr the protection of persons and
property. with which the Contractor shall comply, and to review the ellicac.v of all protectir e
measures taken by the Contractor. The exercise ofor failure to exercise any or all ofthese rights
bl the City shall not relieve the Contractor of its duties and responsibilities under this
Agreement. and the Citl shall not thereby assume. nor be deemed to hale assumed. anv such
duties or responsibilities ofthe Contractor.
16.5i Proiect Site Protection Contractor . at its expense. shall maintain such protection as
provided in the subsection 16.49. entitled -Saf'ety & Protection Of Persons & Propert_r"" in a
satislbctory condition until removal is authorized by City. Contractor, at its expense. shall make
all necessary repairs to property damaged by construction operations. Repairs shall be made in a
manner satisfactory to Ciq. The Contractor rvill provide parking for its emplol'ees rvithin the
designated uork areas. Contractor employees will not be allowed to park in areas u.hich are
used by any t'acilities which remain in operalion.
16.54 Fire Prevention. Contractor shall . at its expense. contbrm to all Federal. State. and local
laws and regulations pertaining to buming, tire prevention and control within or adjacent to the
Pro.iect. Necessary precautions to avoid and eliminate fire hazards shall be the responsibilitl ol-
the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. AII
tarpaulins used for any purpose during construction of any Work shall be made of material
-()
resistant to fire, water and weather and shall bear UL labels. Lighting olany fires on premlses rs
strictly fbrbidden. Controlled burning shall be with the consent of the City. Contractor shall
provide portable fire extinguishers properly labeled. located and compatible u'ith the hazard of
each work area and shall instruct its personnel in their use. Wherever welding and buming are
conducted, inflammable materials shall be protected and a fire watch shall be provided by
Contractor to be present during the burning and welding operation to ensure that protective
measures are taken and that no fires result ltom such operation. The tire watch shall have fire
extinguisher equipment readily available and kno*.how for proper use.
16.55 lllumination. When any' work is periormed at night or where da1'light is shut otI or
obscured. Contractor shall, at its expense, provide artificial light sufficient to permit work to be
carried on efficiently, satislactorily and safely" and to permit thorough inspection. During such
time periods the access to the place of work shall also be clearly illuminated. All wiring lor
electric light and power shall be installed and maintained in a first-class manner. securelv
lastened in place at all points. and shall be kept as far as possible fiom telephone uires. signal
w'ires. and wires used fbr tiring blasts.
16.56 Dust Control. The Contractor. lbr the duration of the Agreement. shall, at its expense,
maintain all excavations embankments, haul roads, access roads, plant sites. waste disposal
areas. borrow areas. and all other work areas fiee from dust. Industry-accepted methods oldust
control suitable lbr the area involved and approved b1'Citl will be permitted.
16.57 Water Pollution. Contractor shall. at its expense. provide suitable t'acilities to preventthe
introduction of any substance or materials into any stream. river, lake or other body of water
which may pollute the water or constitute substances or materials deleterious to fish and
u,ildlifb.
16.58 Air Poltution. The Contractor shall. at its expense. so perform its nork as not to
discharge into the atmosphere from any source whatel'er smoke. dust. or other air contaminants
in violation of the laws. rules and regulations of all Federal. State and local air and water
pollution requirements including. but not limited to: Registering with the Dania Beach County
Health Department. Air Pollution Board. any equipment requiring operating permits hy said
Board: Adhering to all Brow'ard Countv Air Pollution Board Regulations.
16.59 Explosives & Hazardous Materials. Contractor shall obtain all required Federal. State
and local permits and licenses and shall be responsible for the safe and proper handling.
labeling, transporting. storage and use of any explosive or hazardous materials brought onto or
encountered within the site. and at its expense, make good any damage caused by its handling.
transporting. storage and use. The Contractor will notit-v the Citv immediately if explosire or
hazardous materials are encountered on the site. Transporting explosive or hazardous materials
onto the site will require prior written approval from the Ci['. The Contractor shall maintain and
post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in
the course of his work.
In the event that hazardous material is improperly handled or stored by'the Contractor. its
subcontractors. any sub-subcontractors. or any'emplolee or agent ofany ofthe alorementioned
which results in contamination of the site. Contractor shall immediately noti$, the Citl.and the
appropriate govemmental authority and shall take whatever action is necessary or desirable to
remediate the contamination at the Contractor's sole cost and expense. Further, Contractor shall
indemnity and hold harmless from any and all cost. expense. action. or liability whatsoever
)7
resulting lrom such contamination and/or remedial activities. lf without negligence on the pan
olthe Contractor or an!one for r.r,hom it is responsible. Contractor is held liable for the cost of
remediation of a hazardous material or substance solell by reason ol perfbrming the Work as
required by the Agreement Documents, the City shall pay tbr the directs costs of remediation
as approved belorehand by City, in writing. which shall be paid fiom the Contingency Fund.
16.60 lnspection: Reiection Of Materials And Workmanship. All materials and equlpment
t'umished and work periormed shall be properl)' inspected b1 Contractor. at its expense. and
shall at all times be subject to quality surveillance, observations or quality audit by City.
Contractor shall provide saf'e and adequate facilities and all samples. drawings, lists and
documents necessarv tbr such quality suneillance. observation or qualitl' audit. For this
purpose. Citl' shall be aftbrded lull and free access to the shops. t-actories or places olbusiness
of Contractor and its subcontractors and suppliers for such quality.. sun'eillance. observ'ation or
quality audit and to determine the status of the Work. If Contractor covers all or any portion of
the Work prior to any quality surveillance or test by City, the cost olany necessary uncovering
and replacing shall be bome by Contractor. Neither the failure to nrake such qualitl
sun'eillance. obsen'ance or quality audit. nor to discover delective uorkmanship. materials. or
equipment. nor acceptance ol or payment to Contractor for such work. materials or equipment
shall prejudice the rights of City thereafter to correct or reject the same as hereinafter provided.
Ii an1' material, equipment or workmanship is determined b1 Cit1. either during performance
of the Work or on tinal quality surveillance. or during any applicable t'arrantl period
(expressed or implied). to be defective or not complying with the requirements of this
Agreement. City shall notiry Contractor in writing that such material. equipment or work is
rejected and the City reseryes the right to withhold payment on any such item. Thereupon.
Contractor shall. at its ow-n expense. immediately remove and replace or correct such defective
material. equipment or work bl making the same compll' strictly uith all requirements ol the
Agreement.
I 6.61 Testing. Unless otherwise provided in the Agreement. Drawings and Specifications
shop testing ol materials or u'ork shall be performed by the Contractor and in accordance with
the Technical Specifications. Field testing of materials or u'ork shall be performed bv Cit1.
Should tests in addition to those required by the Specifications be desired by City, Contractor
will be advised in reasonable time to permit such testing. Such additional tests will be at City's
expense unless such additional tests are required due to Contractor's work or materials having
failed any initial test. ln this event. such additional (re{est) tests shall be at Contractor's
expense. Conlractor shall fumish samples as requested and shall provide reasonable assistance
and cooperation as necessary to permit tests to be performed on materials or lr'ork in place
including reasonahle stoppage ol work during testing. Contractor shall provide reasonable and
accurate notice of when construction activities which require City's testing services are required.
Contractor shall be responsible tbr stand- by and olher costs associated with the testing agency if
that construction activit)' is delayed or canceled.
16.62 Pro rCSS-Contractor shall give City f-ull information in advance as to its plans fbr
performing each part of the Work. If at any time during the progress of work, Contractor's
actual progress is inadequate to meet the requirements of the Agreement, City may so notift
28
Contractor who shall thereupon talie such steps as ma) be necessary to improre its progress. [l
within a reasonable period as determined by City, Contractor does not improve perlormance to
meet the currently approved Agreement construction schedule. City may require an increase in
Contractor's labor force. the number ofshifts. overtime operations. additional dals of uork per
week and an increase in the amount of construction plant: all without additional cost to City.
Neither such notice b) Ci6 nor Cit1"s failure to issue such notice shall relieve Contractor ol its
obligation to achieve the quality of work and rate of progress required by the Agreement.
Failure of Contractor to compll u'ith the reasonable instructions ol Citl- ma1' be grounds fbr
determination by City that Contracttrr is not proseculing its work with such diligence as will
assure completion within times specified. Upon such determination. City may terminate
Contractor's right to proceed with the performance of the Agreement. or anY separable part
thereof. in accordance with the applicable provisions of this Agreement.
16.63 Chanees City may, at any time, without invalidating the Agreement and without nolice
ro the Surery(ies). make changes in the Work bl issuing Change Orders. as well as Contingency
Fund Change Orders addressed elsewhere in the Agreement Documents. Ciry'r.r'ill issue vrritten
orders to Contractor fbr any changes. except that in the event of an emergency which City
determines immediatell, endangers lit-e or propertl. City mal issue oral orders to Contractor fbr
any work required by reason of such emergency. Such orders will be contlrmed in writing as
soon as practicable. Such orders. whether written or oral. ma1- be accompanied by dralr'ings and
data as are necessary to show the extent of such ordered work. Contractor shall commence such
changed work so that all dates set forth in Contractor's current conslmction schedule- as accepted
b1 Cit1. u.ill be met. In the e\,ent of an emergencv uhich Ciq' determines immediatell'
entlangers life or property, Contractor shall immediately commence such changes as required by
Cit-v in order to mitigate or remove the emergencl' condition. Failure to commence any such
change in timell fashion shall entitle Cil-v- to invoke the provisions of "Termination for Cause".
[Jnless otheru'ise required. contractor shall. r.r.ithin t\r'ent] -one (21) calendar da1's fbllouing
receipt of a rvritten Change request liom City, submit in uriting to City a Agreement Change
Proposal tbr accomplishing such change. which proposal shall reflect the increase or decrease.
il'an1,. in cost to CiR. of perfbrming the change under the Agreement in comparison to uhat
the cost would have been, had such change not been offered.
17. t-iq uidated Damaces
17.1 Liquidated Damages u'ill be assessed as stated in the Agreement for each non-
compliant day that any requirements listed in this section 17 are not met. The parties have
agreed that since thel are unable to ascertain the amount ol damages which would be suflered
b1 City. as a result of Contractor's f-ailure to timely complete all Work required by the date set
fbrth above. the amount ol one-tenth (0.01 ) of one percent ( I %) of the Agreement value.
inclusive ol ad.lustments. per day'. but not less than One Thousand Six Hundred Sixtl Five
Dollars ($1,665.00) per day, which amount has been agreed to by the parties, is considered to be
Cit"v's liquidated damages. and it is not a penalt-v. It shall be assessed against the Contractor
until substantial and final completion, respectively. are achieved.
Contractor shall provide fbr all additional lands17.2 Stasins ol' Material in Richt-Ol-- War
29
and access thereto that may be required for temporary construction lacilities or storage ol
materials and equipment. Staging area shall be t'enced and screened from public sight.
Contractor shall not store material such as pipes. drainage structures and equipment within a
right olual' without prior approval b1- the Citl'. Material shall be properly secured and screened
neatly and will not remain on right of way for more than a week. All equipment must be stored
in a designated staging area.
17.3 Site Restoration: Contractor shall remor-e all excess material and shall clean up and
restore the site to its original condition or better. All damage" as a result of work under this
Agreement. done to existing structures. pavement. drivera.al's. 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 drivewavs. and including all
obstructions not specificall"v named in this provision. shall be repaired. or replaced. as
determined by the Engineer. Site restoration shall be done in a timely manner as the work
progresses. Site restoration work shall be completed on private property within 30 days after
being disturbed.
17.4 Access: As applicable" Contractor shall provide one lane open to through-traffic for each
section ol'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 ofthe working
da_,-'. If a driveuaf is not accessible. homeouners should have access to a neighboring su,ale
area tbr temporary parking. When vehicular access to homes is not possible lor parking ol
vehicles, an area for parking shall be provided within one block of the furthest home affected.
This condition is to be avoided rvhenever possible and not last more than three (3) da1.s.
Vehicular access must be provided by the end of each business working day. The parking area
location shalI be coordinated b1, the Contractor. ',r'ith the City's nppl6yn;." In the event that this
option is approved b1'the Citl'. the Contractor shall notify affected residents at least 48 hours in
advance.
18. Audit.
As the lunding fbr this project comes lrom FRDAP. Contractor. by entering into this
Agreement. the Contractor agrees to comply' and cooperate with any moniroring
procedures/processes deemed appropriate by the Department of Environmental Protection. In
the event the Department ol Environmental Protection determines that a limited scope audit ol
the Contractor is appropriate. the Contractor agrees to comply vnith anl additional instructions
provided hy the Department to the Contractor regarding such audit. The Contractor furlher
agrees to comply and cooperate n'ith anv inspections. reviews. investigations" or audits deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
1 9. Indemnification ol Citv
l9.l The Contractor shall. in addition to any other obligation. indemnif the Cit.v and to the
fullest ertent permitted by la\.\'. protect. defend and hold harmless the City. including its agents.
elected oflicials and employees lrom and against all claims. actions. Iiabilities. losses (including
economic losses). or costs arising out ofanv actual or allesed:
(A) bodily injury, sickness. disease or death, or injury to or destruction of tangible
property- including the loss of use resulting from such property. or an1' other damage or
30
loss arising out of or resulting or claimed to ha\e resulted in whole or in parl tiom an1
actual or alleged act or omission of the Contractor or i1s Subcontractors. anyone directly
or indirectly employed by any of them, or anyone for whose acts anl' of them may be
liable in the perfbrmance of the work:
(B) any violation of law, statute. ordinance, govemmental administrative order, rule.
regulation. or infringement of patent. copyright or trademark rights by Contractor or its
Subcontractors in the pertbrmance olthe work:
(C) liens and claims made by the Contractor or its Subcontractors: and
19.2 Indemnilication tbr Construction Contracts. [n the event that the pertbrmance of services
under the Agreement is deemed to be a "construction Agreement" pursuant to {725.06. F'lorida
Statutes. as it ma1' bc amended tiom time to time. the f ollou.ing indemnification shall appll:
l'o the fullest extent permitted b,,- Chapter 725. Florida Statutes. as it may be amended, the
Contractor agrees to indemnify and hold harmless the City, its offlcers, employees. and assigns
fiom liabilities. damages. losses. and costs including. but not limited to reasonable attorney fees.
to the e\tent caused bl the negligence. recklessness. or intentionalll' urongtul misconduct of
the Contractor and persons employed or utilized by the Contractor in the perlormance of the
provisions in the Agreement Documents.
Environmental Condition means an) set ol ph,vsical circumstances in. on. under. or affecting
the Property that may constitute a threat to or endangerment of health, safety. property. or the
environment. including but not limited to:
(A) The presence of any hazardous Substance. except in such quantities and
concentrations as are routinel.v lound in nature or in products used in ordinary business
or commerciaI activities:
(B) Any underground storage tanks. as detlned in Subtitle I of the Hazardous and
Solid Waste Amendments of 1984. 42 U.S.C. 6991 et. seq.. or the regulations
thereunder. for the storage of hazardous wastes. oil. petroleum products. or their
byproductsl
(C) Any PCB, asbestos or any other substances specifically regulated under the
Toxic Substances Control Act" l5 U.S.C. 2601 or regulations issued thereunder; and(D) Any open dump or system of refuse disposal for public use without a permit, as
prohibited by 42 U.S.C. 6945 and,/or Florida law equivalent, or the regulations issued
thereunder-
Environmental Laws means the Comprehensive Environmental Response. Compensation and
3l
20. Enl ironmenlal Matters.
20.1 Deflned Terms tbr Purposes of this Section.
Liability Act.42 U.S.C.9601 et. seq.. the Resource Conservation and Recovery Act.4l U.S.C.
6901 et. seq.; the Toxic Substances Control Act. 15 U.S.C. 2601 et. seq.; the Clean Water Act,
j-l U.S.C. 1251 et seq.: the Clean Air Act.42 U.S.C. 7.101 et. seq.: the Oil Pollution Act. 33
U.S.C. 2701 et. seq." the Hazardous Materials Transportation Act.49 U.S.C. l80l et. seq.: the
Refuse Act of 1989. i3 U.S.C. 407; the Occupational Saf'ety and Health Act, 29 U.S.C. 651 et.
seq.. as such laws have been amended or supplemented from time to time. the regulations
promulgated under these laws: and any analogous Govemmental Requirements.
Environmental Requirements means all present and future Govemmental Requirements.
including without limitation. the Environmental Laws. authoriztions. judgments. decrees.
concessions. grants. orders. agreements or other restrictions or requirements relating to an1.
Environmental Conditions or any Hazardous Substances on the Property.
Hazardous Substance means anv substances or materials identifled to be toxic or hazardous
according to any of the Environmental Laws, including *'ithout limitation, any asbestos. PCB.
radioactive substances, methane. volatile hydrocarbons. acids. pesticides. paints. petroleum
based products. lead. c1-anide. DDT. printing inks. industrial solvents or anv other material or
substance that has in the past or could presentll' or at anv time in the future cause or constitute a
health. safety or other environmental hazard to any person or properry. The term Hazardous
Substances includes hazardous wastes. hazardous substances. extremel)' hazardous substances.
hazardous materials. toxic substances. toxic chemicals. oil. petroleum products and their b1-
products. and pollutants or contaminants as those terms are defined in the Enlironmental Laws.
Environmental Permit means an1 Govemmental Approval required under any Environmental
Larv in connection with the ounership. use or operation ol the Property fbr the storage.
treatment. generation. transportation. processing. handling, production or disposal of Hazardous
Substances. or the sale. transfer or convevance of the PropertJ'. and all supporting
documentation thereot-.
Environmental Claim means any accusation. allegation. notice of violation. claim. demand.
abatement or other order or direction lconditional or otherwise) b1 an1 Gor emmental Authoritl
or any person tbr personal injury (including without limitation. sickness. disease. or death).
tangible or intangible property damage, damage to the environment. nuisance, pollution.
contamination or other adverse ef'fects on the environment. or lbr fines. penalties. or
restrictions. resulting tiom or based upon:
,,
(A) The existence or release. or continuation of any existence of a release (including
u,ithout limitation. sudden or non-sudden. accidental or non-accidental leaks or spills)
ol'. or exposure to. any substance. chemical, material, pollutant, contaminant. or audible
noise or other release or emission in. into or onto the environment (including without
limitation. the air. ground. water or any surface) at. in. by. from or related to the
Propertvl or
(B) The environmental aspects of the transportation, storage, treatment or disposal of
materials in connection with the activities on the Property: or
(C) The violation. or alleged violation. of anl Govemmental Requirements relating
to Environmental Requirements on the Property; but excluding any of violations arising
solely tiom the intentional actions ofthe City and its agents
20.2 Corrective Action Work means any and all activities of removal, response, investigation.
testing, analysis. remediation taken to:
(A) Prevent. abate or correct an existing or threatened Environmental Condition at"
about. afl-ecting. or aflected by the Property; or
(B) Comply with all applicable Environmental Requirements.
20.3 Environmental lndemnification. Contractor covenants and agrees. at its sole cost and
expense, to detend (u,ith counsel selected by Contractor, after consulting vr,ith the Cit1,).
indemnity and hold harmless the Cit1. its successors, and assigns from and against any and all
Environmental Claims, whether meritorious or not. brought against the City by any
Govemmental Authority resulting from acts of the Contractor:
20.,1 This indemnitf includes. r.r'ithout limitation. indemnification against: all costs of removal.
response. investigation. or remediation of anl kind; all costs of disposal ol such Hazardous
Substances as necessary to comp[-v-' r.l'ith Environmental Lalr-s: all costs associated w-ith any'
Corrective Action Work: all costs associated uith claims fbr damages to persons. property. or
natural resources: any loss t'rom diminution in the value of the Property; and the City's
Attomeys' Fees. consultants' fees. court costs and expenses incurred in connection with any
Environmental Claims brought against the City.
(A) Contractor's indemnification ol City is only lor Environmental Claims which
arise out of or are caused by actions or events occuning after the Eftective Date of the
Propertl Agreement.
(B) This indemnification is to be interpreted as broadll'as possible and is in addition
to all other rights of the City under this Agreement.
(C) Payments by Contractor under the Environmental Indemnification will not
reduce Contractor's obligations and liabilities under any other provision of this
Agreement.
(D) Neither the Contractor nor the general contractor, nor any other contractor in
privity with Contractor, has a duty to indemnifu the City in connecrion with an1
Environmental Claims that are due to the negligent conduct of the City or its agents.(E) Compliance. Contractor agrees to compll with all existing and furure federal.
state. count). and municipal environmental laws. administratile code provisions"
ordinances. rules and regulations. and the requirements of any development order
covering the Prope(y issued pursuant to Chapter 380, Florida Statutes. all as may be
amended.
21. Insurance Requirements. The Contractor shall not commence Work under the Agreement
until Contractor has obtained all insurance required under this Article. The Contractor shall not
allow any emplol ee ol Contractor or anv Subcontractor to commence Work until all Coverages
required have been obtained and approved b1' the Risk Manager of the Citv. ln addition.
Contractor shall be responsible lor any and all policl' deductibles and selt'-insured retentions.
't)
All Certificates of Insurance must clearly identi$ the Agreement to which they pertain,
including a brief description of the subject matter of the Agreement. The certiflcates shall
contain a provision that coverage aflbrded under the policies will not be canceled until at least
thirt)' (30) days' prior written notice has been given to City. If this coverage is not pror,'ided.
then Contractor is responsible for providing such notice to City'. Insurance policies fbr required
covera{res shall be issued bl companies authorized to do business under the laus olthe State of
Florida and an1 such companies' financial ratings must be no less than A-VII in the latest
edition olthe "BEST'S KEY RATING GUIDE". published by A.M. Best Guide. [n the event
that the insurance carrier's rating shall drop. the insurance carrier shall immediately notif-v the
Ciqv in u'riting.
Coverages shall be in fbrce until all Work required to be performed under the terms of the
Agreement is satisf-actorill completed as el idenced bl the fbrmal written acceptance by the
Citl . In the event insurance certiticates provided to Citl indicate that the insurance shall
terminate and lapse during the period ol the Agreement. including anl applicable $ arrant)'
period. then in that event. the Contractor shall fumish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed Certificate oi Insurance as proof that equal
and like coverages fbr the balance of the period ofthe Agreement, including any extension of it.
and including any applicable warranty period. is in effect. THE CONTRACTOR SHALL
NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, UNLESS
ALL COVERAGES RIMAIN IN FTILL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE,
SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT
TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE CONTRACT OR
ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONTRACTOR
DELAY.
The belou coverages are minimum limit requirements. Umbrella or Ercess Liabilitl policies
are acceptable to proride the total required liabiliry' limits. as long as the Risk Manager of the
Citl revieus and approves in u'riting the insurance limits on each of the policies. The Citl must
approve any changes to these specitications and has the right to revieu'and amend coverage
requirements. The Contractor shall be hetd responsible fbr any modifications. deviations, or
omissions in these insurance requirements. Contractor shall be responsible tbr any deductible
amounts.
GENERAL LIABILITY INSURANCE is to include bodill injury'. broad fbrm propeq
damage. products/completed operations. blanket contractual liabilitl'. and personal/advertising
injury u'ith limits of no less than One Million Dollars ($1.000.000.00) per occurrence. and Tno
Million Dollars (S2.000,000.00) annual aggregate.
SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE,:
(to tre confirmed on or attached to the Official Certificate oflnsurance)
'The'Citl'of Dania Beach. Florida" is to be added as a named "Additional lnsured'':
34
WORKERS' COMPENSATION INSURANCE shall be maintained bl Contractor and an1'
Subcontractors during the tif'e of the Agreement, including any applicable r"arranty period(s),
and it is to apply to all ''statutory emplo.vees" of Contractor (as that phrase is defined by Chapter
440. Florida Statutes). in compliance with the "Workers' Compensation Law" of the State ol
Florida and all applicable federal lau's, for the benefit of the Contractor. its employees. and
Subcontractors.
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 aftbrded by the
Contractor. by furnishing statutory limits Part A, and Employers' Liabitity Part B with limits of
$100,000.00 each accident, $100,000.00 each employee and $500.000.00 policy limit lor
disease.
IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK. THE FOLLOWING: I) ANY EMPLOYEE.
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR
PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE
COVERAGE; OR II) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING
ARRANGEMENT.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE:
(to be conflrmed on or attached to the Official Cerlificate ol Insurance)
. 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility lbr notilication): and. Waiver ol Subrogation.
22. Assignment of Agreement The Contractor acknowledges, understands and agrees that its
performance under this Agreement is or may be contingent upon the Cit-v receiving timely
senices from other Contactors (the "Supporting Contractors"). The Contractor agrees to use
its best efforts to coordinate its services with the seruices of the Supporting Contractors and
further agrees that in the event the rendition of any services of any of the Supporting
Contractors is delayed. such delay $'ill not entitle the Contractor to an)'additional compensation
or pa]'ment of any kind. Furthermore, the Contractor shall not be entitled to an increase in
compensation, or be entitled to payment of any kind liom the Cit). fbr damages or expenses
incurred which are direct, indirect or consequential or other costs and lost profits of any kind
including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising
because ol any other delaj/. disruption, intemrption, intert'erence or hindrance f'rom any cause
u'hatsoever, whether such delay, disruption or interf'erence be reasonable or unreasonable,
loreseeable or unforeseeable, or avoidable or unavoidable: provided" horvever, that this
provision shall not preclude recovery of damages by the Contractor lor hindrances or dela-vs
caused solely by fiaud. bad laith or active malicious interference on the part of the City. The
Contactor shall only be entitled to extensions of time lor performance as the exclusive and sole
35
remedy fbr dela.v. ln recognition of the fact that Contractor is not entitled to costs ol
acceleration arising out of the delays oaused by Supporting Contractors, Contractor shall not be
required to accelerate its services where delays have resulted from Supporting Contractors.
unless the City agrees to compensate Contractor for such accelerated efflorts.
).3. Public Records Lau,. Contractor shall mair.rtain boo ks. records. documenls and other
evidence directly pertinent to pertbrmance of work under this Agreement in accordance n'ith
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 olany claim
for reimbursement lor 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 obsene generally accepted auditing standards and
established procedures and guidelines ofthe City. The Florida Public Records Act. Chapter I l9
of the Florida Statutes. may have application to records or documents pertaining to this
Agreement and Contractor acknow'ledges that such laws have possible application and agrees to
comply with all such lau's.
Upon request from the City custodian olpublic 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 I19, Florida Statutes. or as
otherw'ise provided by law.
24. Retention OlRecords And Right To Access
24.1 The Contractor shall preserve and make available all financial records. supporting
documents, statistical records, and any other documents peftinent to the agreement lor a period
of five (5) years after termination or conclusion ol the agreement, or if an audit has been
initiated and audit findings have not been resolved at the end ofthese five (5) years. the records
shall be retained b;, the City until resolution ofaudit finding.
The Contractor shall retain sufficient records demonstrating its compliance with the terms ofthe
award and this Agreement for a period of five (5) years lrom the date the audit report is issued,
and shall allorv the Department of Environmental Protection, or its designee. Chief Financial
Oftlcer, or Auditor General access to such records upon
request. The Contractor shall ensure that audit working papers are made available to the
Depaftment of Enr.ironmental Protection, or its designee, Chief Financial Oflcer. or Auditor
General upon request for a period of three (3) years from the date the audit report is issued,
unless extended in writing by the Department of Environmental Protection.
24.2 Unless otherwise provided by law, any and all records. including but not limited to
reports. surveys, and other data and documents provided or created in connection n'ith this
Agreement are and shall remain the property of the City.
36
21.3 Upon completion oi Work under this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession of the Contractor
shall be delivered by the Contractor to the City Manager, at no cost to the Cit-v. within seven (7)
days. All such records stored electronically by Contractor shall be delivered to the Cit) in a
format that is compatible with the City's inlbrmation technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the Contractor
shall destroy any zmd all duplicate public records that are exempt or contidential and exempt
lrom public records disclosure requirements.
24.4 Any compensation due to Contractor shall be withheld until all records are received as
provided in this Agreement.
24.5 Contractor's failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
25. Section 119.0701(2)(a), Florida Statutes
Custodian of Records:ELORA RIERA, MMC
CITY CLERK
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Mailing Address:
Telephone number:954-924-9800, Ext. 3624
Email:eriera@daniabeachfl ,gov
26. No Waiver. Failure of the City to insist upon strict performance ol any proviston or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
w-aiver or relinquishment for the future of any such provision" condition or right. but the same
shall remain in full lorce and effect.
37
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER I19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS.
27. Declaration ol Default. The failure of the Contractor a) to supply enough properll- skilled
r.l,orkers or materials. or b) its lailure to make prompt payments to subcontractors. or for
materials or labor, or c) to obe.v larl,'s, ordinances, rules, regulations or orders of public
agencies having jurisdiction. or d) to compl) in any wa.v with the Agreement Documents,
shall be sufllcient grounds lor the City to find the Contractor in material default, and that
sufficient cause exists to teminate the Agreement fbr cause, and to withhold payment or any
part thereofuntil the cause or causes giving rise to the default has/have been eliminated by the
Contractor and approved by the Ciqv. Il a tinding of def'ault is made by the City, the
Contractor and its Surety shall remain responsible for perfbrmance ofthe requirements ofthe
Agreement Documents unless and until the City terminates the Agreement. Upon a finding of
delault. the City shall set a reasonable time, but in no evenl in ercess ofseven (7) calendar days
after written notice from City detailing the default. within which the Contractor and its Surety
shall eliminate the cause or causes of default. When the basis for finding of default no longer
exists. the Ciry- shall notify-the Contractor and its Surety. in writing. that the default has been
corrected, and that the Contractor is no longer in default. lf the Contractor fails to correct the
delault within the time allowed, the City, without further notice to Contractor or its Surety,
ma,v immediately terminate the Agreement and the emploirment of the Contractor, without
otheru'ise waiving its rights against the Contractor or its Surety. To the extent that the time
Iimits herein conflict with those set lbrth in the Performance Bond. the time limits in this
section shall take preoedence.
28. Termination Or Suspension Of Agreement
28. 1 Termination By The Contractor
A. The Contractor may terminate the Agreement if the Work is stopped for a period
of thirty (30) days through no act or fault of the Contractor. Subcontractor. Sub-
subcontractor, their agents or employees, or any other persons pertbrming porlions of
the Work under the Agreement with the Contractor, lor anl of the following reasons:
f . issuance of an order of a court or other public authority having j urisdiction. and
2 an act of govemment, such as a declaration of national emergency, making
material unavailable.
B. If one of the above reasons exists. the Contractor may. upon five (5) additional
days' written notice to the City, terminate the Agreement and recover tiom the City'
payment for Work perlormed.
18.2 Termination Bv The Citv For Clause
(A) The Citl- may teminate the Agreement if the Contractor
(1) persistently or repeatedly refuses or t'ails to supply enough properly skilled
workers, proper equipment. materials, or fails to adhere to the schedule established as
adjusted lrom time to time pursuant to the terms of the Agreement;
(.2) lails to comply r,i,'ith laws. ordinances, or rules, regulations or orders of a public
authority having jurisdiction, including City:
(3) commits any act or omission that evidences a lack of integrity or honesty or
which reflects negatively on the City, including but not limited to the company of its
owners, otficers and agents being charged with any act ol moral turpitude or any
environmental violation:
(4) lails to obtain or maintain all insurance Coverage required by the Agreement
Documents; or
38
(6) Employment of an unauthorized alien in the perlormance of the r.l'ork. in violation of
Section 274 (A) of the Immigration and Nationality Act (requirement of the FRDAP
grant): or
(7) One or more ol the follon'ing circumstances, uncorrected for more than thirty
(30) days unless, within the specified 30-day period. Contractor (including its receiver or
trustee in bankruptcy) provides to Department adequate assurances! reasonably
acceptable to Department. of its continuing ability and willingness to fulfill its
obligations under the Agreement: i. Entry of an order for relief under Title 11 of the
United States Code: ii. The making by Contractor ofa general assignment for the benefit
of creditorst iii. The appointment of a general receiver or trustee in bantruptcy of
Contractor's business or property; and/or iv. An action by Contractor under any state
insolvency or similar law for the purpose of its bantruptcy, reorganization, or
liquidation; or
(8) lf Contractor or its Surety(ies) do(es) not cure such failure within seven (7)
calendar days tiom receipt of notification. or sooner ilconsideration of safety to persons
is involved. or il Contractor or its Surety(ies) lails to provide satisfactory evidence that
such detault tvill be corrected. City may. without further notice to Contractor, teminate
in whole or in part Contractor's right to proceed with nork by written notice and
prosecute the Work to completion by Agreement or by an1' other method deemed
expedient. Ciry-ma-v take possession of and utilize any materials. plant, tools, equipment.
and property olany kind lumished by Contractor and necessary to complete the Work.
(l 0) The commitment of any material breach of this Agreement by Contractor, including
tailure to timely deliver a material deliverable, lailure to perform the minimal level of
services required lbr a deliverable. discontinuance ol the perfbrmance of the w.ork.
lailure to resume w-ork that has been discontinued within a reasonable time after notice
to do so, or abandonment ofthe Agreement; or
(11) Failure to abide by any statutory, regulatory, or licensing requirement, including
an entry of an order revoking the certilicate of authority granted to the Contractor by a
state or other licensing authority; or
(12) Failure to pay any and all entities, individuals, and fumishing labor or materials, or
failure to make payment to any other entities as required by this Agreement: or
39
(5) otherwise, is guilqv of substantial breach of a provision of the Agreement or
Agreement Documents; or
(9) Contractor, and its sureties, shall be liable, jointly and severally, to City for all costs
in excess of the Agreement price for such terminated vn ork reasonabll and necessarily
incurred in the completion of the Work. as adjusted by Change Orders, if any, including
cost of administration of any Agreement awarded to others for completion, plus
Liquidated Damages.
( 13) Failure to maintain the insurance required by this Agreement.
28.3 Upon termination for det-ault. Contractor shall
(a) immediately discontinue r.r'ork on the date and to the extent specified in the
notice and place no further purchase orders or subcontracts to the extent that the r- relate
to the performance of work terminated;
(b) inventory, maintain and tum over to City all materials, plant, tools, equipment,
and proper[ fumished by Contractor or provided by City for performance ofwork;
(c) promptly obtain cancellation upon tems satisfactory to City of all purchase
orders. subcontracts, rentals, or any other agreements existing for performance ol the
terminated work or assign those agreements to City as directed;
(d) cooperate with City in the transfer of information and disposition ol w'ork in
progress so as to mitigate damages;
(") comply with other reasonable requests from City regarding the terminated
work: and
(f) continue to perlbrm in accordance with all of the terms and conditions of the
Agreement such portion olwork that is not terminated.
(g) When the City terminates the Agreement, the Contractor shall not be entitled to
receive any further payment until the Work is completed and approved by the Engineer
of Record.
(h) Al[ damages. costs and charges incurred by City shall be deducted from an-v
monies due or which may become due to Contractor. In case the damages and expenses
so incurred by City shatl exceed the unpaid balance, then Contractor shall be liable and
shall pa1-to City the amount olsuch excess.
Ii alier Notice ol Termination or Suspension of Contractor's right to proceed, it is
determined for any reason that Contractor was not in default, the rights and obligations
of City and Contractor shall be the same as if the Notice of Termination had not been
issued, pursuant to the Termination for Convenience clause as set lorth below.
The Agreement ma"v be terminated lor convenience by City upon lifteen (15) days' advance
written notice to Contractor and the Contractor's suretv, if any (delivered by certilied mail.
retum receipt requested) of intent to terminate and the date on w'hich such termination becomes
effective. In such case. the Contractor shall be paid for all acceptable r.l'ork perfbmed prior to
termination and shall not be entitled to any other costs. fees or payments. City may. at its
option and convenience, terminate the Agreement. in whole or in part. at any time by i.rritten
notice thereolto Contractor, *,hether or not Contractor is in default. Upon any such tetmination,
Contractor hereby w'aives any claims for damages from the termination, including, r.vithout
limiting the generaliq, thereof" loss of anticipated profits on Work not performed on account
thereof, home olfice overhead, lost bonding capacity. and consequential damages. As the sole
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28.4 Termination By The Citv For Convenience:
(a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice
requires otherw'ise:
(b) Immediately discontinue work on the date and to the extent specified
in the notice.
(c) Place no further orders or subcontracts for materials, serv'ices, or facilities, other than as
may be necessary or required lor completion of such portion of work under the
Agreement that is not terminated;
(d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to
City of all orders and subcontracts to the extent they relate to the performance of work
terminated:
(e) If requested by the City in uriting, assign to the City, all right, title and interest ofthe
Contractor under the subcontracts terminated. Such Assignment shall not include
assumption of Contractor's obligations or liabilities under any subcontract. The City
shall have the right (but not the obligation) to assume the Contractor's obligations under
any subcontracts assigned. Neither this paragraph or any assignment of subcontracts,
shall constitute the City's assumption of Contractor's or other obligations under any such
subcontract absent a written document executed by the City and the subcontractor in
which the Ciry expressly acknowledges an assumption of Contractor's obligations, and
then only to the extent specified. In no event will the City assume any obligation ofthe
Contractor under the subcontracts that arise out of or relate to Contractor's delault prior
to such assignment;
(f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a
provision requiring the subcontractor, equipment lessor, or supplier, to consent to the
assignment of their subcontract or purchase order to the City;
(g) Assist City. as specifically requested in writing. in the maintenance, protection and
disposition of property acquired by City under the Agreement; and,
(h) Complete performance of any work that is not terminated.
(i) Upon any such termination. City will pay to Contractor an amount determined in
accordance with the following (without duplication of any item):
O All amounts due and not previously paid to Contractor for work completed in
accordance with the Agreement prior to such notice" and for work thereafter completed
as specified in such notice.
(k) The reasonable cost of settling and paying claims arising out of the termination of work
under subcontracts or orders.
,+l
right and remedy of Contractor. City shall pay Contractor in accordance with Subparagraphs
below: provided, however, that those provisions of the Agreement, which bl their very nature
survive linal acceptance under the Agreement. shall remain in full lorce and effect afier such
termination
(l) The verifiable costs incurred prior to notice oltermination.
(m)An1, other reasonable costs w-hich can be verified to be incidental to such termination of
Work, including demobilization costs.
(n) In the case of such termination for City's convenience, Contractor shall be entitled to
receive payment for Work actually executed, and verifiable costs incurred by reason of
such termination, along with an amount not to exceed ten (10) percent for profit and
overhead on such verifiable costs incurred.
(o) The City's Termination for Convenience shall be without waiver or prejudice to, all of
the City's claims, rights and remedies arising out of or related to any default, breach of
Agreement. damages or other claims the City may have against Contractor, or
Contractor's subcontractors. material suppliers of any tier. or any other person or entity at
the time of termination or arising thereafter.
(p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and
acknowledges and agrees to the foregoing limitation on Contractor's claims or damages
arising out of, or relating to, a termination for convenience by the Cit_v.
(q) Contractor shall submit within 30 calendar days afler receipt of notice of Termination,
fbr Convenience, a written proposal for payment, including all incurred costs and other
entitlements described herein. City shall review, analyze, and veril-v such proposal, and
negotiate an equitable adjustment, and the Agreement shall be amended in writing
accordingly.
The City may order the Contractor in nriting to suspend. delay or interrupt the Work. in whole
or in part lbr such period of time as deemed necessary by the Cir.v". if the Contractor fails to
maintain all insurance Coverage required by the Agreement Documents. Any delay in the
Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds lbr a
time extension, and shall be subject to any other applicable provisions in the Agreement and
Agreement Documents concerning Contractor delay.
(A) The City may, without cause. order the Contractor in writing to suspend. delay or
interrupt the Work in whole or in part, lor such period of time as the Citv may determine, and
the Contractor shall be entitled to an appropriate time extension, provided the suspension delays
the critical path of the Work.
(B) If such suspension exceeds thirty (30) consecutive days. Contractor may also be
entitled to an adjustment in the Agreement Sum fbr increases in the cost ol perfbrmance of the
Agreement resulting directly- tiom the suspension, delay, or intemrption, including reasonable
profit on such increased cost; provided how'ever, that no adjustment will be made to the extent:
(1) that performance is, was, or would have been so suspended dela"ved, or
interrupted by another cause for which Contractor is responsible;
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29. Suspension Bv The Citv For Cause
30. Suspension Bv The Citv For Convenience
(2) that Contractor fails to adcquatelr document the cosl increase:
(3) that the Contractor would have incurred the cost increase regardless ol
Ihe suspension. delay. or intemlption. or
(4) that an equitable adjustment is made or denied under another provision of
the Agreement or Agreement Documents.
3 I . Receipt Of Notice Of Termination Or Suspension
Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otheruise
make available to CiO" atl data. drawings. specifications. reports. estimates, summaries and such
other infbrmation as may have been required by the Agreement or Agreement Documents.
whether completed or in process. Upon receipt ol any such written notice. Contractor shall.
unless the notice requires olherr.r ise:
(a) immediately' discontinue work on the date and to the extent specified
in the notice:
(b) place no further orders or subcontracts lor material. serv.ices. or facilities with
respect to suspended work other than to the extent required in the notice:
(c) promptly make every reasonable ef-tort to obtain suspension, upon terms satislactory
to City, of all orders, subcontracts and rental agreements to the extent they relate to
performance of work suspended;
(d) continue to protect and maintain the Work including those portions on which work
has been suspended. and
(e) take any other reasonable steps to minimize costs associated with such suspension.
In addition to all amounts that uould otherwise be due tbr Work performed prior to the
suspension. as compensation for such suspension. Contractor will be reimbursed for the
fbllouing verii'iable costs (without profit) and withour duplication of any. item. to the estent
that such costs directll, result from such suspension olwork:
(a) standby charge to be paid to Contractor during the period ofsuspension olwork
u'hich standby charge shall be sulficient to compensate Contractor for keeping. to the
extent required in the notice. its organization and equipment committed to the Work in
a standby status:
(b) All reasonable costs associated with mobilization and demobilization of
Contractor's plant, forces and equipment; and(c) An equitable amount to reimburse Contractor lor the cost ol maintaining and
protecting that portion ofthe Work upon which work has been suspended.
32. Ownership of Documents. All correspondence, studies. data. anall,ses. documents.
instruments. applications. memorandums and the like. including draw-ings and specifications
prepared or turnished b1" Contractor (and any' Subcontractor) pursuant to this Agreement shall
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become ouned by and be the properry of the City and the Citl' shall consequentll- obtain
ou'nership of them by any statutory law or common [au' and other reserved rights. including
copyright: however. such documents are not intended or represented by Contractor to be
suitable for reuse by City on extensions of the work or on any other work or project. Any such
reuse. modification or adaptation of such document u,ithout ilritten verification or permission
by Contractor lor the specific purpose intended will be at City's sole risk and without liabilitl or
legal exposure to Contractor or to an) Subcontractors. If Cir,"" alters anl such documents. Citl
nill expressl1' acknou ledge same so that no third partl will be in doubt as to the creation or
origination ol any such document.
33. Force Majeure. Llnder an l and all provisions of this Agreement, neither the City nor
Contractor, as the case may be, will be considered in breach of or in det'ault of any of their
respective non-monetary and monetary obligations under the Agreement as a result of an
unavoidable delay due to strikes, lockouts, acts of God. inability to obtain labor or materials.
riot. nar. hunicane. tomado. weather related events or conditions. pandemics. epidemics.
shutdouns due to government restrictions. utiliR compan)' delals. or other similar causes
be1'ond the commercialll reasonable control of a party (in each case. an e!'ent of "Force
Majeure''). Upon the occurrence ol a Forcc' Majeure. the applicable time-period will be
extended for each day olthe period ofthe Force Majeure event.
3'1. Remedies Cumulative. Waiver. The ri ghts and remedies of the panies to this Agreement.
whether provided by law or by this Agreement. are intended to be cumulative and concurrent.
The exercise by either party ofany one or more of its remedies will not preclude the exercise by
a paq. at the same or different times. of any other remedies for the same default or breach. or
of an1' ol its remedies lbr an1' other default or breach by the other part1 . The u'aiver b1 a party
of anl default or Event of Default under this Agreement u'ill not extend to or affect an) other
existing or subsequent Event of Deflault. or impair anl rights. po\\'ers. or remedies of a partl in
connection with any other delault or Event of Default. A party's delal or omission in
exercising any right. power or remedy u'ill not be construed as a waiver olanl'default or Event
ol Det-ault or constitute acquiescence to the default.
35. Notices. Except as provided above, whenever either party desires to give notice to the
olher. it must be given b1' written notice. sent by certified U.S. mail. with retum receipt
requested. addressed to the part) for q'hom it is intended. at the place last specilied and the
place lbr 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 tbr giving ofnotice:
City:Ana M. Garcia. ICMA-CM. City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach. Florida 33004
44
With a copl to:Eve A. Boutsis City Attomey
City ol Dania Beach
100 West Dania Beach Boulevard
Dania Beach. Florida 33004
Contractor:Benny B. Bejar. President
Bejar Construction. lnc.
6326 SW 191 Avenue
Pembroke Pines. Florida 33332
36. Governins Law. The parties agree that this Agreement shall be construed in accordance
with and govemed by the laws of the State of Florida.
37. Bankruptcy.It is agreed upon that if the Contractor is adj udged bantrupt, either
voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at
the time the bankruptcy petition is filed. Upon such filing of Banlruptcy. Contractor will
automatically be in default olthis Agreement and the provisions of Article 9 will be enforced at
City's discretion.
A. The responsibility to substantiate a Claim shall rest nith the party making the Claim
All Claims must be made in writing and addressed to the City and the Contractor.
C. Pfocess for Resolvins a Claim. The Contractor shall revien the Claim and make a
recommendation to the City. The City shall render a tinal decision regarding the Claim. A
decision by the Ciqv shall be required as a condition precedent to litigation of a Claim beti .een
the Contractor and City as to all such matters arising prior to the date final payment is due,
regardless o1': l) whether such matters relate to execution and progress olthe Work: or 2) the
extent to w-hich the Work has been completed.
D. Continuins Agreement Performance. Pending final resolution of a Claim, unless
otherwise agreed in writing, the Contractor shall proceed diligentty r.r.ith perfbrmance of
the Agreement and the City shall continue to make payments in accordance w.ith the
Agreement Documents.
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18. Diszulq-Relqluliq!
38.1 Claims And Disputes
C. Time Limits on Claims. Claims by the Contractor must be made within thirty (30.)
days atter occurence of the event giving rise to such Claim or within thifi,v (30) days
after the claimant first recognizes the condition giving rise to the Claim, whichever is
later. Claims by the Contractor or its respective subcontractors must be made bv written
notice to the Cit),. An additional Claim made alter the initial Claim has been
implemented by Change Order will not be considered unless submitted in a timely
manner.
E. Claims lor Concealed or Unknown Conditions. If conditions are encountered at the
Project site which are: 1) subsurface or otherwise concealed physical conditions w'hich
differ materially lrom those indicated in the Agreement Documents: or 2) unknown
phy'sical conditions of an unusual nature. which dilfer materiall,v lrom those ordinarily
found to exist in the locale olthe Project site and generally not recognized as inherent in
construction activities of the character provided fbr in the Agreement Documents, then
notice by the observing party shall be given to the other parly promptly before
conditions are disturbed and in no event later than tw-enty-one (21) days after first
observance of the conditions. The Contractor shall promptly investigate such conditions
and. if they differ materially and cause an increase or decrease in the Contractor's cost
of, or time required fbr" performance of any part of the Work. Contractor shall
recommend to the Contractor, with the City's approval. an equitable adj ustment in the
Agreement Sum. Agreement Time, or both. If the Contractor detetmines that the
conditions at the Project site are not materially different from those indicated in the
Agreement Documents and that no change in the terms of the Agreement is .lustified, the
Contractor shall so notifi the City and Contractor in writing, stating the reasons. Claims
by either pa(y in opposition to such determination must be made within twenty-one (21)
da1-s after the Contractor has given notice of the decision. If the Contractor and
Contractor cannot agree on an adjustment in the Agreement Sum or Agreement Time.
the adjustment shall be referred to the City for final determination.
F. Claims for Additional Cost. Ilthe Contractor wishes to make Claim tbr an increase in
the Agreement Sum. l,"ritten notice as provided in these Conditions shall be given betbre
proceeding to execute the Work. Prior notice is not required lor Claims relating to an
emergency endangering life or property arising under Paragraph 10.3. Ilthe Contractor
believes additional cost is involved for reasons including but not limited to: l) a written
interpretation from the Contractor; 2) an order by the City to stop the Work where the
Contractor was not at fault: 3) a written order for a minor change in the Work issued by
the Contractor: 4) lailure of payment by the Citv; 5) temination of the Agreement by
the City: or 6) City's suspension of Work, then the Claim shall be filed in accordance
with the procedure established in this Agreement.
G. Claims lbr Additional Time.
l. If the Contractor wishes to make Claim lbr an increase in the Agreement Time.
written notice as provided in these Conditions shall be given- The Contractor's Claim
shall include an estimate ofcost and a probable effect of delay on progress ofthe Work.
In the case of a continuing delay. only one Claim is necessary.
2. {f adverse weather conditions are the basis for a Claim tbr additional time. such
Cllaim shatl be documented by data substantiating that weather conditions rvere
abnormal for the period of time and could not have been reasonably anticipated, and that
weather conditions had an adverse effect on the scheduled construction.
46
H. Iniun'or Damage to Person or Propert\'. If either party to the Agreement sut'ters
injury or damage to person or propert)- because ofan act or omission ofthe other part1.
or any of the other part)"s emplo.v"ees or agents. or of others lor nhose acts such party is
legally liable. written notice of such injury or damage. whether or not insured. shall be
given to the other partv within a reasonable time not exceeding t\renty-one (21) dals
after t'irst observance ofthe injury or damage. The notice shali provide suf-ficient detail
to enable the other parry to investigate the matter.
J8.2 Resolution OlClaims And Disputes
A. The Contractor shall review Claims and take one or more of the fbllowing
preliminary actions within ten days of receipt of a Claim: I ) request additional
supporting data from the claimant: 2) submit a schedule to the parties indicating when
the Contractor expects to take action: or 3) suggest a compromise. The Contractor may.
at the City's direction, notiry the surety. if an"v. of the nature and amount of the Claim.
The Contractor shall notifl, the City' or the Claimant. The Ciry' shall make the tinal
determination of u'hether to pa-v or dispute the Contractor's Claim.
B. If a Claim has been resolved. the Contractor shall prepare or obtain appropriate
documentation.
C. If a Claim has not been resolved. the party making the Claim shall. rl'ithin ten
da1,s (10) after the Contractor's preliminary response. take one or more of the fbllowing
actions: I ) submit additional supporting data requested by the Contractor: 2) modily the
initial Claim: or 3) notif, the Contractor that the initial Claim remains valid.
D. The Contractor shall notily the parties in writing of the Ciqv's decision within
seven days ol receipt ot': 1) additional supporting data:2) a request to modifl the initial
Claim: or 3) that the initial Claim stands and the City's decision shall be final and
binding on the pa(ies but subject to review by a court ol competent jurisdiction. The
Contractor shall prepare or obtain appropriate documentation regarding the Claim. tf
there is a surer_v" and there appears to be a possibility ol a Contractor's default. the
Contractor ma)'. at the City's direction. but is not obligated to. notii the suretl' and
request the suret)''s assistance in resolving the controversy.
38.i All claims. counterclaims. disputes and other matters in question between Citv and
Contractor arising out ol. relating to or pertaining to this Agreement, the breach ol it. the
services ol it. or the standard of perlbrmance 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
fbr 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.
17
JTIRY OF ANY AND ALL ISSI.IES. THE PARTIES TINDERSTAND AND AGREE
THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM
39.1 Operations Durins Dispute. In the event that a dispute arises bet\\'een the Ciry' and the
Contractor relating to this Agreement. or its performance or compensation. the Contractor
agrees to continue to render services in full compliance w'ith all terms and conditions of this
Agreement as required by the City.
40. Lecal Representation. It is acknowled ged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement.
41. Prevailing Partv's Attomeys' F'qes If either party institutes legal proceedings in
connection u'ith the Agreement. the prevailing party will be entitled to recover its costs of suit.
including u.ithout limitation. its Attomeys' Fees.
.11. Headines. Headings in this document are lor convenience ol ret'erence onl-v and are not to
be considered in anf interpretation of this Agreement.
43. Exhibits. Each exhibit refbrred to in this Agreement lbrms an essential part of this
Agreement and each such exhibit is incorporated by this ref-erence.
44. Severability. If an y provision olthis Agreement or the application of it to any person or
situation shall to anl 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 unenfbrceable. shall not be aflbcted. shall continue in iull force
and eff'ect. and shall be enforced to the fullest extent permitted by larl.
45. All Prior Asreements SuDerseded. This document inco rporates and includes all prior
ne.qotiations. correspondence. conversations. agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments.
agreements or understandings conceming the subject matter of this Agreement that are not
contained in this document. Accordingly. it is agreed that no deviation tiom the terms of this
Agreement shall be predicated upon any prior representations or agreements, whether oral or
written.
-+8
39. Venue: Fees.
39.1 If mediation is unsuccesstul. anl such matter mav be determined b1 litigation in a
court of competent jurisdiction in Broward Counq . Florida. or the Federal District Court of the
Southem District of Florida and appropriate appellate courts fbr such venue and jurisdiction. To
be clear. should mediation t'ail, all claims. counterclaims. disputes and other matters in question
between City and Contractor arising out ot-, relating to or pertaining to this Agreement, or the
breach of it, or the services of it. or the standard of pertbrmance required in it, shall be
addressed by resort to non-binding mediation as authorized under the la'w,s and rules of Florida.
IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY
46. Ind endent Contractors . Contractor. any Subcontractors and their respective employees
and agents shall be and remain independent Contractors and not employees olCity with respect
to all of the acts and services performed under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership. association or any other kind ofjoint
undertaking. enterprise or venture between the parties to this Agreement. All agents. emplol'ees
and Subcontractors of the Contractor retained to perfbrm services pursuant to this Agreement
shall comply with all laws of the United States conceming work eligibility.
47. The Contractor understands and agrees that the Citv. during any, fiscal year, is not
authorized to expend monev. incur any tiability. or enter into any Agreement w.hich. by its
terms, involves the expenditure of money in excess of the amounts budgeted as available tbr
expenditure during such fiscal year and that any Agreement, verbal or written. made in violation
of this subsection is null and void and that consequentl)'. no money may be paid on such
Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making
ol contracts for periods exceeding one ( I ) 1'ear. but an1' Agreement so made shall be executory
only lor the value of the sen'ices to be rendered or agreed to be paid tbr in succeeding fiscal
]-ears. Contractor shall not proceed r.r'ith sen'ices under this Agreement without City's written
verification that the funds necessary tbr Contractor compensation and other necessar)
expenditures are budgeted as available within the appropriate fiscal year budget.
48. Contractor warrants and represents that no elected olficial. oftlcer. agent or emplolee of
the CitJ has a financial interest. directly or indirectll'. in this Agreement or the compensarion ro
be paid under it and. fu(her. that no City employee who acts in the Citl- of Dania Beach as a
''purchasing agent" as defined in Chapter ll2. Florida Statutes. nor anl elected or appointed
officer of the Citv of Dania Beach. nor any spouse or child of such purchasing agent. employ.ee
or elected or appointed officer. is a partner. offlcer. director or proprietor ol the Contractor and.
further. that no such citl'emplolee. purchasing agent. city elected or appointed officer. or the
spouse or child ol an1' of them. alone or in combination. has a material interest in the
Contractor. Material interest means direct or indirect ou,nership of more than llve percent (5%)
of the total assets or capital stock of the Contractor.
49. Contractor shall comply with all federal. state and City laws applicable to the Contractor
sen'ices and specifically those covering Equal opportunity Employment. the Americans with
Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity
crime law and the Florida Building Code. The contractor is expected to fully comply with all
provisions ofall laws and the City reserves the right to verify the Contractor's compliance with
them. Failure to comply with any laws will be grounds for termination of the Agreement fbr
cause.
50. In the event ofany contlict between any provisions of this Agreement and any provision
in any attached Exhibit. the parties agree that the provisions of this Agreement are controlling
(including. but not limited to. all terms and provisions goveming compensation). Further. any
prior Agreement related to the services is rescinded and replaced by this Agreement.
49
51. Contractor agrees to perform its obligations under this Agreement in accordance with
the degree of skill and care exercised by multimedia Contractors perfbrming similar senices
under similar conditions. Contractor makes no other representations and no warranties, r.l'hether
express or implied, with respect to the quality of its performance under this Agreement.
52. Sovereign Immuqily. Contractor acklowl edges that the Florida Doctrine on Sovereign
Immunity bars all claims by Contractor against the Citv other than claims arising out ol this
Agreement. Specilically, the Contractor acknowledges that it cannot and will not assert any
claims against the City. unless the claim is based upon a breach by the City of this Agreement.
Further. the Contractor recognizes the City is a sovereign with regulatory authority that it
exercises fbr the health. safety, and welfare of the public. This Agreement in no w'ay estops or
afTects the City's exercise of that regulatory authority. In addition. the City retains the full extent
of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor
acknowledges that it has no right and will not make claim based upon any ofthe fbllow-ing:
53.
A. Claims based upon any alleged breach by the City of implied warranties fbr
representations not specifically set forth in this Agreement, as the parties stipulate that
there are no such implied warranties or representations ofthe Contractor. All obligations
of the parties are only as set lbrth in this Agreement:
B. Claims based upon negligence or any tort arising out ofthis Agreement;
C. Claims upon alleged acts or inaction by the City, its commissioners. attomevs.
administrators, Contractors, agents. or any Contractor employee;
D. Claims based upon an alleged waiver of any of the terms of this Agreement
unless such waiver is in writing and signed by an authorized representative for
the City and Contractor.
Financial records. The Contractor shall maintain accurate and complete financial records
of its activities and operations relating to this Agreement in accordance with generally accepted
accounting principles. Contractor shall maintain adequate records to justif-r'' all charges and costs
incurred in perlorming the services for at least three (3) years after completion of this
Agreement. Contractor agrees that the City. or its authorized representatives, shall have access
to and the right to examine. audit. excerpt, copy or transcribe any pertinent transaotion, activity,
or recor{s relating to this Agreement during normal business hours. All such materials shall he
maintained by Contractor at a location in Broward County. Florida: provided that if any such
material is located outside Broward County. then, at the City's option the City shall pai
Contractor tbr travel, per diem, and other costs incurred by Contractor to examine. audit.
excerpt. cop.v or transcribe such material at such other location. The City shall make a
reasonable effort to maintain the confidentiality ol such audit report( s).
54. Scrutinized Companies. Contractor shall certi $ that it is not on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725. Florida Statutes
(2018), and that it is not engaged in a boycott ollsrael. The City may terminate this Agreement
at the City's option if Contractor is fbund to have submitted a lalse certification as provided
under subsection (5) of section 287.135, Florida Statutes (2018). as may be amended or revised'
50
or been placed on the Scrutinized Companies that Bo)'cott lsrael List created pursuant to
Section 215.4725, Florida Statutes (2018). as may be amended or revised, or is engaged in a
boycott of Israel.
55. Veritjcation of Emplor,ment Eligibilitv. Contractor represents that Contractor and each
Subcontractor has registered with and uses the E-Verity system maintained by the United States
Department of Homeland Security to verity the work authorization status of all newly hired
employees in compliance uith the requirements of Section ,+48.095. Florida Statutes. and that
entry into this Agreement will not violate that statute. Il Contractor violates this section.
Municipality may immediately terminate this Agreement for cause and Contractor shall be
liable lor all costs incurred by Municipality due to the termination.
56. Successors And Assiens. The Ci ty and the Contractor each binds itself, its officers.
directors. quali!,ing agents. partners, successors, assigns and legal representatives to the other
party hereto and to the partners. successors. assigns and legal representatives of such other
parB' in respect to all covenants. agreements and obligations contained in the Agreement.
Contractor shall not assign, transt'er, convey or otherwise h.vpothecate the Agreement or its
right, title or interest in or to the same or any part thereot', or allow legal action to be brought
in its name lor the beneflt ol others. nithout prer, ious uritten consenl of the Citl'. and
concurred with bl the Contractor's Surety. Contractor acknou'ledges that the Citl has entered
into this Agreement with Contractor after a comprehensive competitive award process, and
evaluation of Contractor's particular qualifications and skills to perlorm the Work. Therefore.
Contractor agrees that the Citl mal, u,ithhold the consent to assignment ret'erred to herein for
any reason the Citl deems appropriate. in its sole and exclusive discretion.
57. Time is of the Essence Time is of the essence in the performance of all obligations ofeach
parq under this Agreement
5[J. No Parlnership or Joint Venture.It is mutually understood and agreed that nothing
contained in this Agreement is intended or is to be construed in an1- manner or under an1'
circumstances whatsoever as creating or establishing the relationship of co-partners or creating
or establishing the relationship of a joint venture between the City and Contractor. or as
constituting Contractor as the agent or representative of the City tbr any purpose or in any
manner u hatsoever.
59. Recordinsl Documentan Stamps. A memorandum of this A greement" in the tbrm attached
as Erhibit H. will be recorded by the City in the Public Records of Broward County. Florida.
'fhe cost ol recording. and the cost ofany required documentary stamps. u'ill be paid in t'ull b1
the City. The parties will cooperate in structuring the transactions contemplated by this
Agreement to reduce such costs, provided the structure does not have anv adverse consequence
lor the City.
51
60. Ggvemin-q La*. This Agreement rvill be govemed by the laws of the State olFlorida. This
Agreement is subject to and must comply with the Charter and City Code of the City of Dania
Beach. as the) exist on the date oi execution of the Agreement. Anv cont'licts between this
Agreement and the Charter and City Code nill be resolved in lavor ol the City's Charter.
Venue fbr any disputes arising out of this Agreement and fbr any actions involving the
enforcement or interpretation of this Agreement nilt be in the State courts of the l7t Judicial
Circuit of Broward Countl. Florida.
6l. Third Partv Beneficiaries. Neither Contra ctor nor City intend to directly or substantially
benefit a third partl by this Agreement. Therefore. the parties agree that there are no third part)
benetlciaries to this Agreement and that no third party shall be entitled to assert a claim against
either ofthem based upon this Agreement.
62. Neqotiated Asreement. Both parties have substantialll contributed to the drafting and
negotiation of this Agreement and this Agreement shall not, solely as a matter oljudicial
construction. be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read this Agreement. including all exhibits and
attachments hereto, and have sought and received w'hatever competent advice and counsel r.l.as
necessary for them to lorm a full and complete understanding ol all rights and obligations
herein.
63. Incorporation bv Ref'erence. The truth and accuracy of each "Recital" clause set forth
above is acknowledged bv the parties. The attached Exhibits to this Agreement are
incorporated into and made a part ol this Agreement and all exhibits subsequentl]' attached to
this Agreement pursuant to the terms hereof shall be deen.red incorporated into and made a part
of this Agreement.
64. Conflicts of lnterest: City Representatives not Individuall v Liable. No elected otficial
representative. or emplolee of the City has any personal interest. direct or indirect. in this
Agreement. No elected official. representative or emplol'ee will participate in anl decision
relating to this Agreement which attects his or her personal interest or the interest ol any'
corporation, partnership or association in which he or she has an interest, directly or indirectly.
No elected official. representative or employ,ee of the Cit_v uill be personalll, liable ro
Contractor or anv successor in interest lor any amount uhich ma1. become due to Contractor.
lbr any obligations of City under the Agreement. or in the event ofany default or breach by the
City.
65. Section. Section headings are fbr convenience only and do not afl-ect the interpretation
of this Agreement.
66. Counterparts. This Agreement may be signed in counterparts. each one ol which is
considered an original, but all of which constitute one and the same instrument. This
Agreement is effective onll' after execution and delivery b;' the parties.
52
61 . Entire .{greenrent. This A greement (including the Exhibits) constitutes the sole
agreement olthe parties r.lith respect to its subject matter. lt supersedes any prior written or oral
agreements or communioations between the parties.
68. Amendments. No amendment to this A greement is binding on either part) unless in
u,riting and signed by both parties. The City is not obligated to spend any money or undertake
an.v- obligation in connection with an amendment proposed by Contractor. If Contractor requests
an amendment to the Agreement or an.v other action b1'Cit1. Contractor must reimburse Citl'
fbr all third-paq- costs incurred by Citl-' lincluding but not limited to costs of third-part1'
consultants and attomeys). Befbre the City takes action regarding any request, Contractor must
deposit with the City the estimated amount ofthird-party costs. as reasonably' determined by the
Cit1.
69. Holi s The parties agree that whenever a notice or performance due under the
Agreement f-alls on a Saturday. Sunday or on a legal holiday recognized by the City, the notice
or performance will be postponed to the next tblloning business day.
70. Other govemmental entities may elect to purchase the goods and services specilied in
this Agreement. *.hich shall be made available upon the same terms and conditions as those
specified in this Agreement.
71. Sunival. A termination of the Agreement will not release Contractor tiom its obligation
to indemnity City lor any acts which occurred prior to the termination of the Agreement. unless
otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or
expiration olthis Agreement. the Contractor shall remain liable fbr all obligations and liabilities
that have accrued prior to the date of termination or expiration. unless relieved of such
obligation or liabilitl b1' action ofa court or rule of law.
SI(;NATT RES ON THE FOI,I,oWIN(; PA(;ES
53
IN WITNESS OF THE FOREGOING. the parties have set their hand and seal the da1'
and year flrst written above.
ATTES'I':CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA. MMC
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
ARCHIBALD J. RYAN IV
MAYOR
ANA M. GARCIA. ICMA.CM
CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
5-l
CONTRACTOR:
Bejar Construction, Inc,
a Florida corporation
WITNESSES:
SIGNATT:RE SI(]\ATI RE
Bennr, B. Beiar
PRINT Name PRINT Nanre
SIGNATTiRE
[)ate:
PRINT Name
STATE OF FLORIDA)
COLTNTY OF
The foregoing instrument was acknouledged before me by means ol tr ph1'sical
presence or E online notarization. on 2024 by Bennl B. Bejar.
as President of Bejar Construction. Inc.. a corporation. He/she is personally known to me or has
produccci as identillcation.
MJ' Commission Expires:Notary Public. State ol Florida
Print Name
))
President
Title
)
EXHIBIT "A"
BIDDER OUALIHCATIONS
ITB NO.24-018
The Bidder, as a result of this Bid, MUST hold a county or rnunicipsl business tax receipt in irs
arca of its fixed business location. The following information MUST be mmpleted and submitted with
rhe Bid to be considered;
l. Legal Name and Address
Name Co,cr,t or}
Address; 63?-6 S,!^r, lqi A-rE
2. Speci$ type ofentity Check One: Corporation fl6artnership( ) Individual ( )
SPECIFYOther (
IfCorporation, state:
Datc oflnsorporation
.l
itru't{Jtlastate in lvhich Incorporated, -Ei4B!
-1 7-1 1.e
6
8
The length of time in busin"ss: 2L u"".,
7. The length oftime (continuous) in business in Florida:LI t-s
9
Provide a lisr ofat lcast five commercial or govemment references that the successfrrt Bidder
has supplied sewice/commodities meeting $e requirements ofthe City ofDania Beach
specificatioos, within the tasr five (5) years (see attached).
A copy ofa county or municipal Business Tax Receipt.
city, stat", zip:@lrg1{LE FuK alffiro* 1 B q. ?3R - r or 1
4. lf an out-of-state corporation or cntity, must be cunently authorized to do business in Florida by
the Office ofthe Florida Secretary of State:
5. Name and Title of Principal Officers Date Elected:
29
]0. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
An $&r U^!-..r1jh.ad PLrtd<(. r l*<r L-ia\ss,f uq Tar\(
Project Tide
SLo &oeraug--C(oo-\&r0 r:€
Address
Owner
a.t'q- *OA - (o6.,
Project Title
|..r..rc
Addrcss
Ctt r crg w SgiYo'J td oF .lufi! 3q
Owner
1't'r{.3 as" z.,'r
Owner's Telephone Number
{r 4 ?o. oo
tract V ue
\ oo 0/,)
Percent Complete
Owler's Telephone Number
g 6?,+ t1-"1. oo
!ta-r LaLa
Contract Value
!ordlo
C
f.lA^.\&r, 3 LoLl
Date Percent Complete Compledon Dat€
03C a.ir u-r..-\ r;,4.1\Z'.L trZn (r,", ?1^'\
Prujecl Title
(ac.LF la*6s u.\^r,3ZP\ .tr*zg
Project Title
f. oo r-r6t' f!r-rd.r Cr
Address Address
(-ug Or t{! },t 1r $ s,r\ Err!
Owner
Ctr{ c:r $r;.rnra€
Owner's Tclephone Number
S z. ser *ffi4. a,,
Owner
q'r4 " 'lbe -81gq 3o5- LZL"Sdoo €€; 7.So-{
Owner's Telephone Number
{+ trs sls a) {.,
Conlract Value
taoyb
Con tract Val
FE:<n-r^{.1 tV-ZozA {CId "/0 \tr)s€ r,t| Lo73
Percent Complete Completion Date Per:ent Complete Completior Date
30
14nat =..,olj\- B,nV O.trq af A-€r.-rrvna Eiud:i:.rl Tar\a
Project Title tlo,i\ :T',tn'Ac€. $1 q7- Povu\En5 I2&nr(
$a,rr\s:r-rJ
Ad&ess
Crr{ crr &,--rgr-r"r-r rr {
Owner
Project Titlc
l88oo xr,.^.1 , zgr\
Address
Ctrt or b"r.a"^r
0wner
Owner's Telephone Number
oo
saals
,l--ltr-1i4.t3?-o
Owne/s Telephone Numtrsr
-d I qr"+2. !+1q., t,'.)
cfur--r
- _t --.uLontract Value
t ood/,U€ LO LoLt
Percent Complete Comp Date Percent Complete Completion Date
Ad&ess Ad&ess
C. rrt or flrn$,nq ig {i}t.r5'! 0. t.r.l O ," qJ € Sto\.,t
C-r,,,fr,tL- ca/*. &'J! xTa<1
Project Title
IZ33t Si-r€r't r\au trrrdr.*
Owrrer
I'f4-,fl*, teoS
Owne/s Telephone Number
& rlr {4d. av
Contract Value
1oolo Sfr"r*.,Sg.o ls
Percent Comprete Completion
&, O,ra.r lz-r.i izA,lr a
Projed Title
/,t), i?.A.r!! L na !.\
Owner
ara- 38 .l-, Laoo
Owner's Telephone Number
d ,r-,a 312 Clr,
Contract Value
g.trfu A-*&"ttr 3r LoZ*
Percent Complete Completion Date
{rt\*ta., r*r\ Ta{-\\l
Project Title
Llgtv'O 9,,^r, 9Lu\ Ar€
Address
()vt ap
lat tE TTZaQr.a e.t FAQtt;r"l
Froject Title
llol a,..), La9** erS.
Ad&'ess
CIT-\ otr ti?€:i1tsl\. {q ?l)
0wner
Lr.,nit|1\*-1r.{-
31
Orvner
25
3a,f"
^LL"
e:lsl €t--, Loa,/-
Condact Valde
4r4--l3o -3oQr"l
Owner's Telephone Number
1t slo, ou
Contract
1oo d/o 0&oq9.n r ?.otl
7v-4" Lt,l-s30
Owner's Telephone Number
L L-lt_l g,tO, o r,
Contract Value
/oo7o d,Lr a t Lo2t
Pcrccnt Complctc Compfction Datc Perccnt Complctc Completion Datc
IL Hav
Yes
8yo u ever to complete any work awarded to you?
lfyes, attach a separate sheet of explanation.
t2 Wi&in the last five years, has any officer or partner ofyour organization ever been an
officer or panner of er
Yes
13. Within the lasr
Yes
organization that failed to complete an Agreement?
Ifyes, attach a separale sheet ofexplanation.
, have you ever had a performance, payment or bid bond called?
lfyes, attach a separate sheet ofcxplanation.
an amount greater than $100.000?
Ifyes, attach a separate sheet of explanation.
ged or indicted for any criminal activity within the last five years?
Ifyes, attach a separate sheet of explanation.
eral office?
Ifyes, attBeh a separafe sheet ofexplanation.
14, Have you, any officer or part rer ofyour organization, or the organization been involved
in any litigation or arbi on
Yes
15. Within the last fivc years, have you, any officer or partner ofyour organization, or thc
organization or parent cornpany or its subsidiaries been involved i n any litigation or arbitration
against any other F ic entity?
Yes
16. Within the last five years, have you, any officer or partner ofyour organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
17. Has your organization or any of its partners, officers, or key pcrsonnel, or its subsidiarics
against any
Ycs
private en
or parent company
Yes
justice agency or
Yes
18. Has your organization or any of its panners, officers, or key personnel, or its subsidiaries
or parent company b
Yes
cted or fined for any criminal activity wi*rin rhe last five years?
Ifyes, attach a separate sheet ofexplanation.
19. Within the last five years, have you, any officer or parmer of your organization, or the
organization been investiBated by any local, state, or federal law enforcement agency, criminal
32
againsl the City?
Ifyes, attach a separate sheet ofexplanation.
Ifyes, attach a separate sheet ofexplanation.
BCT
A*AR CONSrRUCTiON, INC- STAIE CERT\F,ED AENERAT COr\,rR CrORS
Completed Projects:
City 0fSunrlse:
Project: Villsge Beach Ctub Window and Door Replrcement
City: City 0f Sunrise
Ownors Reprcsentatiye: Mrc, ivleghalt Kaufold, Project Manager
Owner Rep. Co[tact Info.
Office Num ber: 954-292-8920
Email: mkaufold@sunrlseflgov
Architect: N/A
Conlrrct Amornt: $f 06,68f ,00
Percant Compleiion: 1007o
Completion Date: May 30, 2019
City of Pernbroke Pine.s:
Pmjecl N&me Construction of New fire Training Facility
City: City of Pembroke Pires
Own€r Representative: Mr. Steve Buckland
Owner Rep, Contact lofo.
Oflice: 954-21{-8530
Email: strucklard@pplnes,com
Architect: Manny SynBloyski
Cootract Amonnt: $2,224,E08.00
Percent Completion: 10070
Completion Date: Juro l, 2020
City of Lauderhill:
Project Name: West WiItd Park lmproyement Buitding
Cily: Cily of Lauderhill
Owner R€presentatiye: Mr. Vinc€ Miller
Owner Rep. Contaet lnfo:
Office: 95il-730-3044
Email: vmiller6ka derhill-rl,uov
Architect: Bermello Ajsmil Architects
Contract Amount: $49I,890.00
Perceot Com pletlon: I 00olo
Completlon Date: October t, 2019
City of Weston:
Proj€ct: Bonaventure Park
Cllyr City of \veston
Owner Reprcsentatiyet Mr. Kerl Thompson
Owrer Rep, Cootact Info.
OIfi ce Number: 954-385-2000
Email, k,homrrson@westonfl.org
Architect: Cslvin Ciordano and Associates
Contrsct Amount: $1,474,570.00
Percent Completion: 1 007o
Complelion Date: May 8, 2020
City of Sunrise:
Projectr Firc StatioD Bay Door Replacemelt
City: City ofSuDrise
Owrler Representative: Mrs. Meghan Kaufold, project Manrger
Owtrer Rep. Contact Info.
Offi ce Num ber: 954-292-8920
Email: n kaufold(Asunrisctt.goy
Architect: NIA
Contract Amount: $220,03?.00
P€rcent Comptetloll: 10070
Completion Date: Deeem ber 15, 2019
City of Plantation:
Project: City of Plantatior Craft Shop
City: City of PlaDtation
Owrer Reprcsentative: Mr, Jim Borrelll
Ow[er Rep. Contact Info.
Office Number: 954-513-3507
Email: jborrelli @plantatioo.org
Architect: CPZ Architects, Inc.
Cotrtract Amount: S1,155,95t).00
Perccnt Completion: 10070
Completion D.te: June I,2020
City of Miramar:
Pmject: City of Miramar Amphitheater Back ofHouse
City: City of Miramar
Owner Repres€ntative; Mr. Rohan Green
Owner Rep. Contact Info:
Office Number: 954-348-8559
Email: resrectltamiramsrfl ,sov
Architect: Maony Syoaloyski
Confrsct Amount: $950,000.00
Pere.nt Completion: 10070
Coarpletion Date: November 15, 2021
Clty ofSunrise:
Pmject: Sunrise Lakes Passiye Park AKA Lakeside park
Clty: City of Sunrise
Owner Representative: Mr. Chris Ulrich
Owner Rep. Contact Irfo:
Office Number: 954-888-6060
Email: Culrich@sunriscfl -qov
Architect: Craven Thompson
Contract Amounl: W24,117.O0
Percent Completion: 1007o
Complealon Dat€; March 3, 2021
City ofSunrise:
Proj€ct: oscar Wird Park
City: City of Sunrise
Owner Representrtiy.: Mr. Alfredo Montalro0 Bor R€p, Contact lnfo:
Olfi co Num ber: 954-789-8734
Emsil: A&ontan0@surrise-fl .goy
Architect: Kimley Horn Associates
Coatract Amount: $2,536,794.00
Percent CompletionN 1009/r|
Completiotr Dater Febr[ary 15, 2023
Clty of Weston I
Project: W€ston Tenris Center
City: CiE of Weston
Owrer Repres€ntatiyq Mr R€ddy Chitepu, P.[.
Olvner Rep, Contact Info.
Oflice Number: 95,a-937-9338
Emai[: rchite]u(Awestor-rLsoy
Architect: Marny Synaloysky
Contraet Amount: $1,078,041.07
Percent Completion; I 009/0
Completio! Date: February 20, 2023
City of il,firamarr
Project: City of Miramar Forcina Park
City; City of Miramar
Orryner Representative: Mr. Rohan Green
Owaer Rep. Conlact lnfo;
Offi ce Number: 954-348-8559
Emril;repreenOm iramarfI.s0Y
Architeci Kimley Horn Associates
Contra.tAmount: S587,500.00
Percent Completion: 1007o
Completlor Date: Febrrary 15, 2021
Cily of Pembroke Pinss;
Project: Replacement of Emergency Cenerators at Various Fire Stations
City: City of Pembroke Pines
Owners Represenative: Mr, Giraldo Hernradez
Owner Rep. Contact lnfo.
Oflice Num ber: 786-343-t079
Em ail : sblrl&dcEanlliIls.eeB
Architect: N/A
Conaracl Amount: $t,444.498.76
Percetrt CoIr|pleaiotr: 1009/0
Completior Dstei Dec€mber 30, ?020
City of Miami Cardens:
Pmject: L€ster Brown Park
City: City of Miami Gardens
Owner Repr€setrtatiye: Mr. Tnan Pham
Owner Contac Info: 305-622-8000 Ext. 2805
Email: tphsm@miam isardens-fl .qov
Architect: Malr!y Synlovsky
Cortract Amount: $4,61 5,538.55
Percert Completion: t0070
Completion Date: June 15, 2023
City of Miami cardensi
Project: Brertwood Park
City: City of Miami Gsrdens
Owner Represertativer Mr. Anthony Smith
Owner Contact lnfo:
Office Number: 305-622-8000 Ext. 2805
Emsil: asm itil@m iam isardens-fl.gov
Architcct: Jorge A. G utierrez Arch itects, LLC
Contract Am ount: 92,428,423.43
Percent Completion: I 009/o
Completion Date : J y 25,2A24
City of Aventum;
Project: Founderc Park South Facility
City: City ofAventura
Owner Representative: Mr. Heath papkov
Owners Contact lnfo:
0flice Number: ! -7I 9-33&9320
Email: papkov@cityofay€Iltura.com
Architect: Klmley Horn and Associates, Inc.
contrsct Amount: $t,442,499.g0
Percent Completior; t 009/0
Completion Date: June 20, 2024
6326 SW 191 Ave. Pembroke Pines Fl. 39332 Tet: 1 (954) 431-i9i1 Fax: 1 (gS4) 4314627
BCt
BEJAR CONSIRUCNON,
'NC. STATE CERTIHED GENERAL CONrRACrORS
Current Projects
City of Pembroke Pines:
Proj€ct: City of Pembroke Pines C€ntrrl Crmpus Stair Replacement
City: City of Pembroke Pines
Owner Represe[tatiye: Mr. EmmalIuel Acosta
owoer Rep. Contact lnfo.
Ollice Number: 954-594-1908
Emril: esco$ta@ppines.com
Architect; SRS
Contract Amount: $575,54&20
Percent Completion: 07o
Strrt D8te: TBD
Completion Date: TBD
City of Weston:
Project: City ofWeston Library Park Pavilion Replacement
Clty: City of Weston
Oryner Representallye: Mr. Luke Hamilton
Owner R€p. Contact Info.
Ofiice Number: 95+385-2000
Email: lhamiltor@westor-fl .org
Architect: City of Weston
Cortract Amouna: $797,064.00
Percent Completion! 07o
Start Dste: TBD
Completion Date: TBD
Cily of Weston:
ProJect: City of Weston Gator Rur Park Pavilion Replacemeot
City: City of Weston
Owner Reprcsentative: Mr. Luk€ Hsmilton
Owner Rep, Contact Info.
Office Number: 95+385-2000
Email: lhamilton@weston-Il.org
Architect: City of Weston
Contract Amount: $512,392.00
Percent Completion: 547o
Start Dater March 30, 2024
Completion Date: August 3I, 2024
City ofAvcntura:
Project: Founders Park South Facility
City: City ofAventura
Owner Representatiye: Mr H€ath Papkov
OlYners Contact lnfo:
Offi ce Number: I-7I 9-338-9320
Emsil: papkov@cityofaventura.com
Architect: Kimley Horn and Associates, lIlc.
CoDlrsct Amourt: $1,442,499.80
Percent Completion: 997o
Completion Date: June l, 2024
6326 SW 191 Ave. Pembrake Pines Fl.33332 Tel: 1 (954) 431-6981 Fax: 1 (954) 431-4627
20. Within the last five years, have you, any officer or partner ofyour organization, or the
organization comrnunicated with any [ocal, state, or fedeml law enforcement agency, crimilal
JUStlCe agency or lnspector general
any govcmmental
Yes
oIfice relating to goods or services provided or performed for
Ifyes, attach a separate sheet ofexplanation.
Note: Information rcquested itr the trB ard submined by fie Bidde*.rr'iu be analyzed by lhe ciry ofDania Beach and wi[ b€ af'ctor cons idercd in.wotdir8 any rcsulting contract. The purposc is ro insu.e fisr rirc sucis.sfut aiddcrs in rhc sole opinion ofth.(lryot uanra tseach can sulliciently and efljciently perform all lhe required services in a timely and satisfactory manner as will bercquircd by the 6lbjcct contrac!. Iflhere arc any te;sorcoodirions rhit arE in contlicl the most stringent requircmenr shallapply.
2t.Within thc last five ycars, havc thcrc bcen any rcports or audits rclating to you, any
officer or partner ofyour organization, or the organizlion issued by any local, state, or federal
law enforcemeat I justice agency or inspector gencral office.
Yes Ifyes, attach a separate sheet ofexplanation.
22. Within the last five yea.n, have you, any oflicer or partner ofyour organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or or app.uent conflicts ofinterest.
Yes lfyes, attach a separate sheet ofexplanation
END OF BIDDER QUALIFICATIONS
33
EXHIBIT *B'
BID FORM
ITB 24_018
*MULLIKIN PARK IMPROYEMENTS"
Bid Form is posted on City Webpage and DemandStar
Kimley>Horn
Prqecf Crly of Danra Beach - f,.llllikin Pa.k
Dale: 7130Q024
lll oo2.. 09Mobiiitatiory'O€mobilir.rion
I Ls lq'Ll(L-oo r+'q.1 2" _ oo
3 rs lL'q1?.,rN L'oi.7 -ooSlortn hrater Pollutloh Preve.tion Plan I rs l+l.r{sl. oo qf *Sl,ooCle.ring and 6rubbin&lDemorition I
5 ls lS'8d?.. \t,S'Bor-, o'!
!e4,!.q Qg:!!e!!!Ydlele8 Uolt Prke
tu..v.rion fo. O.v A.tennon Area/Bickfjll 200 ci lztt,b-tit3rt, ou
5 Ft. Concret€ 5idewdk {4 in}400 5Y ZL tho , ot
8 5Y zqL{,eo
9 P.vllion Sbb Concret. l! in wirh Reb.d 20 SY t 21luo. oo
10 3Ol.{. Oo tLZSl.oo
t1 6 a a()i,9e tP; 1.q9, o,,
t2 tO H Elac* Vi.ylco.ted Chain Linlt n.e 460 R1, 6'?s,,6r{n. ot
l3 6rH X 4'Wid€ Slact Vin, Co.trd Chaio Ltnk B.tter!.tt aoua G.a€2 ? -7-r L. oo
14 4'h ELct Vinyl Co.r.d Ch.in tinlFe..e 710 r+L, o,J 12.llq. oo
15 4 H x 12'wide Bla.k vi^ylCorred Ch.in Link Mal.rena.ce Gar.I <t4.? - or,S1??-. oe
a'H X5'wide qhltvitr/Coit.d Chain tinl Pedett.i.nGare 2 €A 75 tl, ou Sr17,. oo
t,Plays.ound Equiphent {i.c. rneworrl'1 LS I.,\nP,, ou lo- 158, ou
18 Eter<ir. Eggipmenr (in.. 3'tewod)'I L5 U-LIG, ou
19 1 !A Z(rlo, q.,
small P.vilion Shelrer{i... rirewort,labor, & inrr.lbrionl.'t €A la *tq. o,1L qa*. o,
Bark.rb.ll Coun and tquipm!nr 1 ts <lz lz.r' tl <1- 1 Za o,,
2 EA 't?A .ao i418, o.,
21 145 t-l l. oo s"1!ts.o,
7t 5/8" Wat.r M€rs, MererAor RPZ tq{l!p I
l" n.eilien! k.red 6are v.lve I EA r'r.ru, ou t'Iso , o|]
L A 7J-, o\t 8?v-. o.r
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p8. 1of 2
BID'FORM
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TOTALBIDAN1OUNT s615 +5t. oo
'PL)9@nd .quipft.t .nd .DEr.6 .quipm..n hav. ben purch.s.{ oy th. Ciry ot Oenia B..ch hroulfr r d@ct ,urc]*e od.r B& lhs lp.cinsd vs.dor. Co.r,a.tq
rh.r .r.lrd. tlr€ !.i p.lc., do&.,y. and ln ranaton oa rh. oqupo.dr t oF 60 ba. codl!&r 6 .!.oonBir. lo. p.opring he 6ito lo. lrE v.n<,.{ ro in.r., th. oqulpnont
p., h. Bansta6lur6a! rp.ci'[G.lb.s,
-S,!d l}.{k n $dar nrr b.€n gurdlas€n b, ilr Cty of O6.e E€3dr b.ough ! 6&tct puEhrs€ oroor rin lro specik vando.. Conu-actor sis{ sxdrds liE unt p.ic€
and d4vory of he equlP'l1snl t!.r lrD 06, conlr8cro. iB .erpo!!ib& for U,tr indolation of lb6 equbm€nl p€r tlle .n5ruf.clurEi! ir€cdcaibnB.
r4'. lat 2
!!it Unl P.lce Yclclteft No.o$.rlorion
trXHIBIT *C'
PERFORMANCE BOND
Any singular reference to conh"ctor, suroty, 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, Ftorida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Date;
Amount:
Date:
Amount:
Description
(name and location): The Project consists of the various improvements and updates to Mullikinpark.
City Bid No. 24-018
BOND
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to rhis Bond:
CONTRACTOR AS PR]NCIPAL
(Corporate Seal)
None _ See Page(s) _
SURETY
(Corporate Seal)
Signature Signature
Name Name
TitIC Title
(Any additional signatures please include at the end ofpage 5)
FLORIDA RESIDENT ACENT
Address
Telephone
I. DEFINITIONS
(B)
)
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under lhe Construction Contract after all proper adjustments have been
made including allowance to the Contractor of any amoults 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 behalfofthe Conrractor under the Construction Contract.
(B) Constructlou Contrscfi The agreement between the Owner and the Contractor
identified on the signature page, including all Contract Documents and changes to
them.
(C) Contrsctor Default: Failure of rhe Contmctor, which failure has neither been
remedied nor waived, to perform or otherwise to comply u/ith the terms of the
Construction Contract.
(D) Owner Default: Failure ofthe Owner, which failure has neither been remedied
nor waived, to pay the Contractor as required by the Construction Contracl or to
perform and complete or comply with the other terms of it.
The contractor and the suety, j ointly and severally bind themselves, their heis, execurors,
administrators, successors and assigns to (he Owner for the performance of the
Conshuction Contract, which is incorporated into this document by this refirence,
Ifthe contractor performs the construction contract, the suety and the Contractor shall
have no obligation under this Bond, except to participate in conierences.
Ifthere is no Owner Default, the Surety,s obligation under rhis Bond shall arise after:
3
4
(A) The owner has norified thc conhacor and the Surety at its addless deseribed in
paragraph ten (10) below that the Owner is considering declaring a Contractor
Default and has requested and attcmpted lo arrange a conference with thc
contractor and the surety lo be held not later than fiftein (15) calendar days after
receipt of such notice to discuss methods of performing the Construction Conlract.If the Owner, the Contractor and the Surety agree, the-Contractor shall be allowed
a reasonable time to perform the Constrxctioo Contract, but such an agreement shall
not waive the OwneCs right, if any, to subsequently declare a Contrictor Default;
and
The Owner has declared a Contractor Default and formally terminated theContracror's right to complete the ConEact. Such Contractor D;fault shall not bcdeclared earlier than twenty (20) calen<lar days after the Contractor and the Suretyhave received; and
(C) The Owner has agreed to pay the Balance of the Contract Prica ro the Surety in
accordance with the terms ofthe Construction Contract or to a Confactor selected
to perform the Construction Contract in accordance with the terms ofthe Contract
with the Owner-
5 When the Owner has sarisfled the conditions ofparagraph 4, the Surety shall promptly and
at the surety's oxpense take one ofthe following acrions:
(A) Arrange for the Contraclor, with consent of the Owner, to perform and complcte
the Construction Contract; or
(B) Undertake to perform a.d complete the Construction Contract itself, through its
agents or througl independent contractors; or
After investigation, deter&ine the amount for which it may be liable fo fhe
Owner and, as soon as practicable ater the amount is deiermined. tender
paymcnt thcrcfor to thc Owncr; or
(C) Obtain bids or ncgotiated Bids from qualified Contractors acceptable to the Owner
for a Contract for performance and completion of the Constnrction 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 qualilied Surety equivalenr ro 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 Contraca price
incuned by the Owner resulting from tle Contractor,s default; or
(D) Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor acceptable to lhe Owner and with reasonabli promptness under the
circumstances:
6
2. Deny liability in whole or in part and notiry the Owner ciring reasons
therefor.
If the Surety does not proceed as provided in paragraph four (4) with reasonableprcmphess' the Surety shalr be deemed to be in defaurt on tlis Bond hiieen (15) calendardays after receipt ofan additional written notice from lhe Owner to the Surety demandingthat the surety perform its obligations under this Bond, and the owaer sha be entitled toenlorce any remedy available to the Owner. If the Surety proceedsr on in pan, withoutfurther notice, the Ow.ner shall be entitled to
"nfo.ce uny ,JrieJj avaitatfe to the Owner.
After the Owner has terminated the Conlractor,s right to complete the ConstructionContract, and ifthe Surew elecrs to acl ther rhe responJibilities of tie Surety to the Ownershall not be greater than those of the ionrractor u"dil; C;;il;rion Conrract, and theresponsibilities of the owner to the Surery .h"u ";i;; ;;;;;-ii* ,rro." of rhe ownerunder the Construction Contract. To the timit ottle;;;;;i.;i, Bond, but subjecr to
'1.
commitment by the Owner of the Balance of the Contracl Price to mitigation of costs and
damages on the Construclion Contract, the Surety is obligated without duplication for:
(A) The responsibilities ofthe Coniractor for correcrion of defective work and
completion of the Construction Contract;
8
Liquidared 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 rhe satisfaction ofthe city by the time stipulated in the contract.
Therefore, failure to tim€ly comprete the work shall'result in the awarded Bidder being
subject^to liquidated darnages, but not as penalty, in the amount of$ I00 per calendar day]
as set forth in 23 CFR 635.127, for each and every calendar day the work remaini
incomplete or the items remain undelivered. As compinsation due the City for loss ofuse
and for additional costs incurred by th€ city due to such non-compretion ofthe work, theCity shall have the right to deducf the liquidated damages from any anount due, or lhatmay becorne due to the awarded Biddei under the coirtract, or to invoice the awarded
!i{{* !, such damages if the costs incurred exceed the arnount due to the awardedBidder' The awarded Bidder and the City agree rhat the amount for riquidaled damages isnot punitive, and is intended to compensate the City for difficult to quinti$ losses.
The surety shall not be riable ro th6 owner or othem for obligations ofthe conffactor thatare unrelated to the construction co,tract, and the Balance o-fthe contract price shalr notbe reduced or set offon accounr ofany suci unrerate<t obli;";i; No righr ofaction sha*
1:i..:, this Bond to any person or enrity other than rhi Ownlr or its-hein, .*..u,or.,admlnistrators or successors.
The Suery waives norice of anv shangs, including changes of time, to the Constructioncontracr or to related subconracts, pu.it.." ora.rr-uJ"ir,* ,uiig"i"^.
Any procecding, legal or eouitable, lnder.this. Bond may be instituted in any court ofcompctent jurisdiction in rhe rocation in which the work ;fi ;il" work is locared andshatt be ins'irured wirhin rwo vears aner contraci.r ii.r*'it. i,i,iin two (2) ycars aficrthe conrractor cease<t working or within *; r;;;-#;;# i,*ty ,"r,rr"" or faits ropertorm irs obtigarions u'der Gis,Bond, *hi";;;;;; ir.r]iJ ". provisions of thisparagraph are void or prohibired uv rr*_ ,i," ,,irr,,r,,1.*"0'.ii*o,,on avairable tosrretjes as a defense in the jurisdiction or rrr. ..ii ir,"rr'ilJa!p'ii.""irJ.
9
l0
(B) Additional lega'I, design professional and delay cosrs resulting from the
Contractor's Default, and resulring from the actions or failure ro acl of the
Surety under paragraph 4; and
(C) Liquidated damages, or if no liquidated damages are specified in the
Constructiotr Contract, actual damages caused by delayed performance or
non-performance of the Contractor.
I l. Notice to *te Surety, the Owner or the Contracror shall be mailed ordelivered to the address
shown on the first page of this document.
12. when this Bond has been fumished 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 ststutory or legal requirement shall be deemed deleted ftom 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 betnstmed as a statutory
bond and not as a common law bond.
MODIFICATTONS TO THIS BOND ARE AS FOLLOWST
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
Signarure
Name
Title
Signarure
Name
Title
Dated:
END OF PERFOR}TANCE BOND
SURETY
(Corporate Seal)
20_
Anv singular reference ro Conttactot' Surety' Owner
ivhere aPPlicable'
CONTRACTOB (name and address):
Modifications to this Bond: None
CONTF.ACTOR AS PRINCIPAL-
(Corporate Seal)
or any other PadY
SURETY (name
business):
shail be considered Plural
and PrinciPal Place of
OWNER:
Ciw of Dania Beach, Florida
ioti West Dania seach Boulevard
Dania Beacb, Florida 33004
CONSTNUCTION CONTRACT
Projecl Name: MULUKIN PARK IMPROVEMEI'{TS
City's Bid No.: 2+018
BONI)
Date:
Thc Project consisls ofthe various improvements and updates to Mullikin Park'
Date (not earlier than
Construction Contmct
Date):
Amount:
See Page(s)
SURETY
(Corporate Seal)
Signature Signature
EXIIIBIT..D"
PAY$ENTBOND
Amount:
Name Name
Title rirle
(Any additional signatures please include at the end ofpage 5)
FLORIDA RESIDENT ACENT
Address
Telephone
Facsimile
DEFINITIONS
(A) Claimant: An individual or entity havilg a direct Conkaca with the Contractor or
with a Subcontractor ofthe Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent ofthis 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 scrvices required for
performance ofthe work ofthe contractor and the contractor's subcontraclors, and
all other items for which a mechanic,s lien may be asserted in thejurisdiction where
the labor, materials or equipment were furnished.(B) Constructiotr Contract; The agreement between the Owner and the Contracror
identified on the signature page, including all Contract Documcnts and changes to
ir.(C) Owner Defautt: 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 ofthe Contracl.
2
3
The Contractor and the Surety,jointly and severally bind themselves, their heirs, executors,
administmtors, successors and assigns to the Owner to pay for labor, materials and
equipment furnished for use in the perlonnatrce of the Construction Conlract, which is
incorporated into this document by this reference.
With respect to the Owner, this obligation shall be null and void ifthe Conrractor:(A) Promptly makes payment, directly or indirectly, for all sums due Claimants, and(B) Defends, indemnifies and holds harmless the Owner, its elected o{ficials,
employees, agents and Consultant *om claims, demands, liens or suits by any
pe$on or entity whose claim, demand, lien or suit is for the payment for labor,
materials or equipmer:t fumished for use in the performance of ihe Work, pursuant
to the Construction Contract, Fovided the Owner has promptly notified the
Contractor and rhe Surety (at the address described in paragraph i2)-ofany claims,
dcmands, licns or suits and tendcrcd dcfcnsc ofsuch claims, dcmands, licni or suits
to the Contractor and the Surety, and provided thgre is no Owner Default.
with respect to claimants, this obligation shall be null and void ifthe contractor promptly
makes paynent, directly or indirectly, for all sums duc.
The Surety shall have to 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 l3) and sent a copy
ofthe notice to the Owner, stating rhat 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:l. Have fumished written notice to the Contractor and sent a copy, or notice
of it, to the O*.ner, within ninety (90) days after having last pe*;rmed labor
or lasr fumished materials or equipmenr included in the claim stating, wirh
substantial accuracy, the amount of the claim and the name of the pirty to
whom the materials were furnished or supplied or for whom the laLor was
done or performed; and
4
5
l.
6
1
2. Have either received a rejection in whole or in part from the Contractor, or
not received within *rirty (30) days of fumishing the above notice any
comrnunication from the Contractor by which the Contractor has indicated
rhe claim will be paid directly or indirectly; and3. Not having been paid within the above thirry (30) days, have sent a write-n
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 ofthe previous written notice fumished to
the Contractor.
Ifa notice required by paragraph four (4) is given by the Owner to rhe Conlractor, or lo the
Surety, that is sufficient eompliance.
When the Claimant has satisfied rhe conditioos ofparagraph 4, the Surety shall promptly
and, at the Surety's expense, take the following actions:(A) Send an answer to the Claima-nt, with a copy to the Owner, within forry-five (45)
days after receipt ofthe claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.(B) Pay or arrange for paymcnt ofany undisputed amounts.
The Surety's tolal obligation shall not exceed the amount ofthis Bond, and the amount of
this Bond shall be credited for any paymenrs made in good faith by the Surety.
Amounts owed by the Conrractor under the Construction Contract shall be used for the
performance of the Construction Conkact and to satisfu claims, if any, under any
Construction Performance Bond. By the Contractor fumishing and the Owner accepting
this Bond, they agrce that all funds eamed by the Contractor in the performance of the
Construction Contract are dedicated to satisry obligations ofthe Contractor and the Surety
under this Bond, subject to the OwneCs priority to use the funds for the cornpletion of thi
work.
The Surety shall not be liable to the Owner, Claimants or orhers for obligations of the
conlractor that are unrelated to the Construction contract. The owner shall not be liable
for paymcnt of any costs or cxpcnscs of any Claimant undcr this Bond, and shall havc
under this Bond no obligations ro make payn:ents to, givc noticcs on behalfol or otherwise
have obligations to Claimants under this Bond.
The Surety waives notice ofany change, including changes of time, to the Construction
Contract or to related subconttacts, purchase orders and other obligations.
No suit or action shall be commenced by a Claimant under this Bond other than in a court
of competent judsdiction in the location in which the work, part ofthe work is located, or
after. the expiration of one (l) year from the date: l) on which the Claimant gave the
required notice; or 2) on which the last labor or serviee was performed by anyone or rhe
last materials or equipment were fumished by anyone under the Construction Conkact,
whichever ofone (l) or two (2) first occurs. If thc provisions ofthis paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in
the jurisdicr.ion ofthe suit shall be applicable.
Notice to the surety, the owner or tbe contractor shall be mailed or tlelivered to the atldress
show on the signature pag€. Actual receipt of notice by Surety, the Owner o, the
contraotor, however acoomplished, shall be suffioient compiiance as of the date received
at the address shown on the signature page.
8
9
10.
il.
12
13.
14.
15.
When this Bond has been fumished to comply with a statutory or orher 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 shatl 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.
Upon request by any person or entity appearing to be a potenlial beneficiary of this Bond,
the Contractor shall promptly fumish a copy ofthis Bond or shall permit a copy to be made,
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided bclow for additional signature$ ofaddcd parties. other than those appearing on the cover pag€,)
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title
END OF PAY*IENT BOND
Titlc
Dated: .20
BIDDE 'S OUE STIONNAIRE
The undersigned guarantees the truth and accuracy ofall statements and answers contained below:
l. How many years has your organization been in business? 2.6 {r_A<t*
2. List below (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organiizations, govemmenti , private or both located in Broward, Miami-Dade
or Palm Beach Counties, for which you are now, or have wilhin the past five (5) years,
provided services similar to thar called for in the Inviation to Bid.
asF-
List below (or on an attached sheet, if necessary) all pertinent infonnation and data that
woul-d Ddicate the ability of your otganization and management persomel to perform
satisfactorily.
*-r,A;r'\-ac .rE\
Have you personally completed a plan for performance ofthe work?
S
Have you ever failed to complete work awarded to you? If so, when, where and why?flo
6 Whar equipmenr do you own that is available for work?
FJo*rA
7 Has your
Beach
company ever been debarred or held i n default in Broward, Miami-Dade, or palm
Counties or elsewhere by any other govemmentalcnll
8 How many
services?
employees (Contractors only) will be assigned to perform the+l
9 How many supervisors will be assigned to perform the services? Otsl n
EXHIBIT *E"
J.
4.
5.
t0.
lt.
t2.
Will perso-nnel be part ofa regular crcw assigned to perform the services?
Y". / No
Will you be able to provide service for emergency situations? y.r yiNo
If so, how much notice is required?-1LtL{rS
What equipment do you own that is available to complete the project?
l*Jo.rr_
Please attach copies ofany licenses, awards, certificates, etc., that you may have.
EYf,RY PIECE OT EQUIPMENT MUST HAYE ORIGINAL FACTORY GUARDS
AND SIIIf,LDS INSTALLED AND FUn.CTIONING AT THE TIME oF lvoRK.
END OF BIDDER'S QUESTIONNAIRE
EXHIBIT "F"
Sworn Statement Under Section E287.133(3Xa). Florida Statutes on Public
Entitv Crimes
(This form must be simed in the presence of a Notarv Public or other officer authorized io
administer oaths.)
l. This swom statement is submitted with Invitation to Bid No. 24-018.
6r-*'r* 14r-ra..
2- This swom statement is submitted 6crxt ? o,:naJ-,.lC
its business address is:
Federal Identification Number
(FEIN) is:
Social Security Number:
3. My name is:
4
(name ofentity submirting swom statemenr)632( S.q-l . tq', A-JE
331XL
tS. ot,(ob61
(ifapplicable)
(ifrhc enriry has no rEIN. ioclude lhe Social Security Numbqr
of the individual signiag this swom sratcment)
6err'rr 6rrir.^
(PRINT NAME ofindividual signing this document)
and my relationship to the entity is:S T-
5
(Prcaident, Gencral Parmcr, gtc. as applicable)
I understand that a "public entity crime" as defined in Section 287.133(l)(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 ar agency or
political subdivision ofany olher state or with the United Srates, including, but not limited
lo, any bid or contract for goods or services to be provided to any public entily or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
I undcrstand that "convicted" or "conviction" as defincd in Section 287. 133( 1)(b), Florida
Statutes, means a finding ofguilt or a conviction ofa public entity crime, with or without
an adjudication of guilt, in any t'ederal or state trial court of record relating to charges
brought by indictment or information after July l, 1989, a.s a result of ajury vordict, non-
jury trial, or entry ofa plea ofguilty or nolo contendere (also known as "No Contest").
I understand that an "affiliate" as defined in Section 287.133(l)(a), Florida Sratutes, means;6
Ilr*ttrlr. a\eE a'ras,, trL.
7
(a) A predecessor or successor ofa person or a corporation convicted ofa public entity
cnme; 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 entiry crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who arc active in thc management ofan affiliete.
The ownership by one person ofshares constituting a conkolling interest in anothcr
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 anotherperson. A person who knowingly enters into ajointventure
with a person who has been convicted ofa public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Section 287.133(lXe), 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 enrity, or which otherwis€ 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.
Based on information and belief, the statement which that I have marked below is true in
relation to the entiry submining this sworn statement. (please indicate which staremenr
applieg):
V Neither the endfy submining the sworn statement, nor any officers, directors,
executives, parhers, shareholders, employees, members or agents who are active in
managcment of thc cntity nor any affiliate of the entity have bccn charged with and
convicted ofa public entity crime subsequent to July l, 19g9.
-
The entity submitting this swom statement, or one or more ofthe officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity or an alfiliate of the entity has been charged with and convicted
ofa public entity crime subssquent to July l, 1989 and
8.
(Blgagg nqw indicate which additional statcmcnt below applies):
-
There has been a proceeding conceming the conviction before a hearing
oIficer of the Stale of Florida, Division of Administralive Hearings. The final order
entered by the hearing officer did not plac€ the person or a{filiate 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 befbre a hearing officer ofthe State of Florida, Division of
Administrative Hearings. The final order entered by rhe hearing officer determined
that it was in the public interest to remove the pe$on or affiliate from the convicted
vendor list. (Please attach a copy of the linal order)
-
The person or affiliate has not been placed on the convicted vendor list.
Please describe action taken by or pending with the Florida Department of(
)
SICNA ofp
first
STATE OF FLORIDA
COtNry OF (CrO...rc,".;
8.q.L,)
Date
20 sfu!, by
of
co&e&tior/partnenhip, on behalf of
name
)
Swom to subscribed before me onaAS
a
the corporatiot/partnership who (check one) [is personally known to me or [ ] has produced
as identification.
rgnature ofNotary Pub
PRINTED Name of N
My commission expires
MY
The undersigned Bidder has not diltlged to, discussed, or compared histrer/is Bid with any other Bidders
and has not colluded with any other Bidder or padies to the Bid whatsoever.
Name of city Project: MULLIKIN pARX IMPROVEMENTS
City's Invitstion to Bid No.: 24-018
:r'rc
ame of
6;*."-\ 6rsa<-
SIGNA ofBi Authorized PRIIiT Name of Bidder or Authorized
Agent of BidderAgent of
Y,flrra r:t
Title
8-20 L+
Date
STATEOFFLORIDA )
COT'NTY O
acklowlcdgmqnB, *r**ll, ,*"*d /.*7>z/-l#&@anrarion
) ss:
)
BEFORE ME, on officer duly
physical lresence or B onlirlc ootariz{tion,
authorized to do business itl the Sbre of
lor the usc
the act .nd doed of$al entiry. He/she is
My commission expires
Signahre of Notary Public
PRINTED Name of Notary
by law 1o
acknowlcdged and oxecutcd thc foregoing statement as ihe propcr official of
and pu4)oscs melrioned in it and amxed thc official scal of thc cntity, and that the instrument is
personally known to me or h5s producad _ ss identilication.
F
MY C0MMlSSl0il
EXPTRES 5{-2026
OF
EXHIBIT "G,,
NON-COLLUSION AFFIDAVIT
I undershnd and agree thar I shall give rhe Ciry writrerlhat I enter irto with tbe C ity (or any of its distr.ic ts), irg
es and says that:
Bidder that has
notice 0f any other relationshi ps (as defined above)elected or appointed officials , its employees or
lhc period ofthc Agrcemcnt.
agcnts, or any membcr or a.llernate membcr oithc Sclcction Committcc during
I set forth below any
I hereby ceniry to the besr ofmv I
rr;: * [y;x:T]#"ffJ#;,ll+!ffiJ,il1 ffli.li::: s'"ns residing in mv househo'Id
orsrrerna,. memb.,or,n" r",.l,,]n':;I;:,:""":,;;;;il:iffi[iiJ#:,lHii1;Hlll',]:J#fffi:l
Except as set forth bclow, I herebvreslaing in my r,ouset;'il::3.|*iry to the best ormv knowledl
graruiryinexchangeformyB.o."iv"danYP'omi;;;;;il**,,"r"f;:Iffi:r?,ffi il;"m: j.'ffi ::
F or.r
exceptions lo the aforanentioned (if none, wite ,,None,):
Signature
Prirt Name
Iam
personal relatioaships,or joint involvenent
"r 6fra-z fo*.r.*r-. **"
A 'relationship', for the purpose of this afiidavit shall include butconsultant, conrrsi0r,subcontractor,associate, oflicer,
not be limited to employer/employee,
paxtn€Bhip, joint venturc,ov'nership $eater than
with charitabie/voluntary aclivities_
EXHIBIT H _ (CONTINUED)
Rces r.}{u'r-
TiLle
E. c. 2,,
Date
STATE OF FLO&IEA ,
COUN'IY oF ,.-//)r' f/A
BEFORE ME, ar oflicer duly by law rc administer and ly physical
prcsclcc or E online noturizatioq on as
authorizcd to do busincss in tbc State of ajd. acknowledged and execurcd the statement as the proper official of
for rhe use and purposes meotioned in it and affrxed the ollicial seal ofrhe entiry, and dat &e instnlrilent is
the act and deed of that efltity. He/she is personally known to me o, has produced as identifieation.r-..-.-----
Notary Public
My commission expires:
PRINT Name of Notarv EXPIRES 5&2026 i
OF
j
Biddu shall providc a minimum of threc refcrcnccs.
Name ofcompany ,ertf Oe i?E-<1 cw \zq tetse S
Address 8j€o S. TZr.-r.r T>rrr-.e
Telephone number:
-l 86, 1t+S . r\:'13
Email address: G u.g^'.-, a...:eLC I:?rLre eor^
Year contract initiated and terminated:O!r- Oorr.r ?-r
Name ofcompany:Ot r-l or t^.rE st-o\)
Address:I -1 ?,oo ft o.J6\- ian-.rr 6u-r\
Telephone number:1r+- aa-Rala
Email address:[Lcu.tr- r,.: O- w ESro.r FL. o ne,
Principal contact person(s): t-r<r, ((.6.bD.t CUtr-Ztr,r
Name of company:C ttl o r b-r i a.r,-\ r @rc<r\6r.e(
Address: | 8L, oS Fl ,7--1{\A,r6
Telephone number: 3 ov-, alr*- 1rZ1
Email address:-rP*-^.-tO H.&r-!r - Ga.n:.€.rs -*.(aro-J
Principal contact person(s): Bct- 1L15r-r ?\tli1
Year contract initiat€d and terminated: Op- 6c..rGr
EXHIBIT *I'
REFERENCES _ SAg AJr.6rq€\
Principal contact person(s;: tsr(t, 61'r-.>r;:o !+€.-'.1-'\e ?-
Year contract initiated and terminated: O rl - Gcr .. 4t
BCt
BEhR CA SrRUCTION,INC. STAnE CERT'HED EENERAL COmRACTONS
References:
City Projects:Architects:
l) City ofPenbroke Pines
8300 S. Palm Drive
Pembroke Pines, Ft. 33025
(?86) 343-1079
Att: Mr. Giraldo Hernandea p,M.
ghernandez@ooines.com
2)
I) JSA Croup, Inc,
12229 S.W. l32Ct.
Miami, Florida 33186
(30s) 2sr -7923
Att: Mr. Julio Sanchez
Julio@isssroup.ret
2'
3)
1)
s)
3)
1)
s)
City of Plantation
401 N.W. 70rh Terrac€
Plantation, Florida 33317
(9s4) 6s8-4291
Att: Mr. Jim Borelli
JBorrelli6)I,lantaiiop.ors
City of Sunrise
Public Works Department
10770 W. Oakland Park Blvd.
Surrise, Florids 33351
954-X92-8920
Att: Mrs. Meghan Kaufold
MKa fold@sunri fl.sov
City of Westor
17200 Royal Pslm Btvd.
Weston, Florida 33326
(9s4) 9r8-0Ers
Att; Mn Ber[ard Eugene
kthom Dsor!{awesto fl.ors
6) City of Mismi cardens
Saltz Michelsol! Architects
3501 Griflin Road
Ft. Lauderdale, Fl. 33312
(9s4) 266-270A
Att: Mr. Norman Schwartz
nschwartz(dsaltzm irhe on.conl
Trelles Cabarrocas Architects
169 East Flsgler Strecl Suite t619
Alfred Dupont Buildirg
Miami, Florida 33131
(30s) 373-1960
Att: Mr. Luis Trelles
trellesa h rth link.nct
Craven Thompson & Associates, tne.
3563 N.W, 53"d Street
Ft. Lsuderdale, Florida 33309
(9s4) 739-6400
Att; Mr Gary Tenn / Mr. Scoat Pesvler
soearvler(Dcrav thomDson.com
Calvin, Giordano & Associates, trc.
1800 Eller Driye, Suite #600
Ft. Lauderdale, Florida 33316
(954) 92t-7781
Ill conner solutions-com
6)
7)
6326 sw 191 Ave. Pembroke pines Fr. $s3a ror: 1 (gs4) 401-sgol Fax: 1 (gs4,) 491-1627
Village of Pinecrest
12645 Pinecrest Parkway
Pinecrest, Florida 33156
(30s) 23+2t2t
Att: Mr. Paul Bukner, Building Oflicial
PBukner@oinecrest-fl -oov
Capital Improvemellt Projects
Miami Cardels, Florida 33056
(30s) 9r4-9t23
Attr Mr: T[aB Pham
tpham@m ism igardens-fl .gov
City of Miramar
2300 Civic Center Place
Miramar, Florida 33025
9s,L348-8559
Att: Mi, Rohan Gre€n
reqrcen@miramarfl,goy
SynalovskiRomanikSaye
1800 Eller Driye - Suite 500
Fort Laud€rdale, Floridr 33316
95,t961-6806
Att; Mr. Manry Synalovski
m syIla loYski@synalovski.com
EXHIBIT'K'
BID SECURITY
ATTACH BID BOND HERE
E)ilIIBIT (J"
BIDBOND
SURf,TYBIDDER
B€jar Contruclion, lac.
Nqme
6326 SW 19 Pemb.oke lirE . at 31332
Ad&!!r
TLORIDA RESIDENT ACENT
Odafts Cabc.a
Ntne United SI3ES Fire tnsuraoce Co.npan,
AddEss 305 Madison Avenue. MonistorJn, NJ 07960
OWNER
City of Dania Beach, Florida
100 West Daaia Beach Boulevard
Dada Beach, Florida 33004
Telephone: (954) 924*6800
Facsimile: (9 54) 92 1 -26M
Name
10T 31 sw 4oth sueet Miamt. FL 33165
Address
(30s)s52-541,r
Phone Pax
PROJECT; MULIIKIN PARK EyrP ROVEMENTS
ITB Nor 2,t018
8-rt-0245024-12 0810712024 $5% of Bid Amount
Bid Du€ Date Bond Number Bond Drte Penal Sum
iN MTNESS OF TIIE FOREGOING, Surety and Bidder, i:rteading to be legally boua{ subject
to the terms included h this section, do cach cause ihis Bid Bond to be duly executed on its bebelf by its
respective, authorized offieer, agenl or rcpres€-ntatiye.
!DENTITY OF BIDDER IDENTITY OFSURETY
(Attrch Polver of Attorncy)
lnc
ColporJtc Narrc arld Se.t United Sutes Fire lnsurance Company
(or (or other
si si
Od6 Attorn€y,ln-Fact
Printed
Ancrl
arrd
L€gd
t-
2.
The above addrEsses shall be uscd for giving ofrequired ootices- A.ly siogular refereace to Bidder,
Sucty, florida Rcsiden! Agetrt, Oemer or other p8rty shatl b€ considered a ptural whcreqplicable.
Biddcr aod Surety, jointly and scvcrally, bind thcmsclveq thcir heirB, executors, adadnistators,
succcssors and assigns. to pay to City upon dcfault of Bidder, the preoal surrt sct fonh on thc farc
of tbis Bond In no eve-rt shall Bidde/s and Suret/s obligction cxceed the penal sum sA forth m
the face of lhis Boud.
Dcfault of Bidder shsll ocqr! upon tha fuiluro of the Bidder to dcliyEr withir! rhe time requircd
by the Bid ard Contract Docuoenrs (or ary extension of time agrced to in e/ritiu8 by City) a
ftlly executed AFeement [nsurance Agenr SNatemfit, all certificat€s of insurance, and any
Performance ard Paymert Botrds.
3. This obligation shall be null and void if:
3.1 City acccptr Biddet's bid aod Bidder dc[ve$ ',lrithir the lime rcquired by thc bidding
aod cootract documcut6 (or aEy crtensiotr of time agced o in writirg bf Cjry) thc
cxecuted Agreement, the lnsuitrce Agelt Stat€rne , iurd the Pcrfotmance and Paymem
Bon&, or
32 All bidr arc rejcctcd by Ciry, or
33 City fails to issue a Nodce of A*ad o Biddcr with.ir the time speciied in rhe ITB
documeos (or Eay cxteffiioo of timc agccd o in writing. by Eidder and, ifapplicablc,
consented to by Suety wher rcquired by paragraph Eve (.5)bclow).
Paymer. uoder the Bid Secudry Bord q/ill be due and payable upoo defaulr by Bidder and wirhin
thirty (30) calenda, days afler receipt by Bidder, ard Sffety of wriuer notice of default Fom
City'J City Clerk, whioh notice will k give[ with !"asonablc promptness, identirying the Bid;
Security Bond aDd ihe Prcjec! ilctudirg a sr.lemeBt ofthe amouat due.
4
5
6
Surety waives ootice of aay ald alt deftns$ brsed o!. or disiog out of, ary tirne o(tesion to
issue a Noticc ofAward agleed !o in writiog by City and Bidd*, provided tbrt $e torat tiEe for
issuing the Noticc ofAward. ine luding cxtensioas sball not in the sggregatr cxcaed Onc Hundred
Tweoty (120) days from ttte ITB due datc wilhout Sureqy's writteB cons€nt.
No suit or acrioo shall be collEclc€d uoder tbis Bood prior ro rhity (30) caleoda &ys afier tbe
notice of default required in paragraph four (4) above is received by Bid and Su!.ety, and iD oo
casc later than one ( 1) ysar aftct bid due daic.
7
8
9
Any tuit or action under thrt Boad shall be conrmenccd only in a Florida court of competentjurMiction. Any award graDted shall not b€ subjcct to prrjudgE€[t iElcresl
Nodces required un&r this Bid Bond shall be in writing lnd setr! !o Bid and SuEty at rhcir
resltectivc addrcsscs shawl oo thc &ca of lbb Bo!d. Snch uotjcrs lray be seltt by personol
dclivcry,. commcrcial couricr or by Unitcd Slares &cgistelcd or Ccrtifii Mail, rcturn rcccip
requested, postage pre-paid, aad shall be d€emed to b€ effcctiye upon recsipt by tbe pariy
cotrcertred.
Sucty shall causo lo be stlach€d to rhis Bood s clEc8t and effccive power of Attomey
cYidcacirg tha aqthority of thc office(, agent or rEprcscotativc who cxcsutcd &is Bond oo behaif
l.
10.
of Suety to execute, sesl and deliver such Bond and bind the Surery.
This Bond is.inended to conform to all applicable statutory requircmeats- Ary applicable
Equirement ofany applicablc sratrte rhat h8s beeu on tted Som this Bond shall bc dcemed to
be included in it as, if sd fodh st length. tf ary provisioo of this Bond conflicts with 8ry
appticabla statul!, thca Sre provision ofsuch s8hrte shall govem and the rsmainder of this BoDd
that i8 not h corflict shall continue in lull forcc and e{Tect
0245024 l2
KNOW ALL MIN BY THf,S8 PRf,S0NTS: 'tt8l United Sirtes Firo lnsureno€ Comp$y, o corpomtion duly or8anizcd and existing under tho law: ofthc
slllc ofDclarlaIe, has m!da, constltuEd and sppointed, and does hcrcby mEke, constitute and sppoint:
Chtlxh4 Hdnls, Math,o Rarnll, olafis Cnbftra
each. its true and lawful Attom.ys)-l[-F&c( with full power and aut]rority hcrcby confentd i0 its nam., plscc rnd stcad, to executc, sckrowlcdge snd
detivq: Any rnd all bonds and undcrlalings ofsurery End other doc.umeDts thlr the ordinary course ofsuGty business rrsy rcquirc, and !o bind Uniled Stales
Firc lnsorance Company thereby as fully snd to Ure same exlent as ifslch bonds or undenakings hul bqrn duly cxesltcd ald acloowledged by dre
rcgulsrly eleclcd otliccrs oftlni&d Ststes Fire Insursnce Company at iis principal orlica. in amounls orpenslties not exccading: S.ycr MlIIoo, Fivc llundred
'l Lousrnd Doll.n (S7100,000).
Thl6 Polr€r of Attorncy limits th. oct oftlose nsnr€d thcroin to the bod6 arrd llnden0kings spccifically namcd therein, and they havc no autp.ity !o
bind Udted Stqtls Firc hsurance Company exclpt in the mannlr and ro &c ext€n! therein strled.
This Po'AEr of A&mry is grEnted pursuant to Aniclc lV ofthc By-L8ws of Uniled Stsles Fire lnsursrnoe Company as now in full for!€ n td c{fcc!
a$d consist nt with Aiiclo ltl thcrcol which Aniclcs providc, in pcrtincnt pan:
Anicle lV, Exccution oflnslrunrcnls . Exc€pt Es the Board ol Dircctoni mal suthorize by resolution. thc Cltaifmln oflh. Bo.rd, Prcsidsrl Erly
vict-PrEsidenl, any Asiistsnt vic6 Presidena, thc S€.rrtar,, or any Ajsistant SccretaD/ shall have por,ler on behalfof*rr Corporutioot
(a) to executs,8{Iix the corpotsle seal msruslly or by fscsimile lo, ncktowl.dge, verify and deliver 6ny contrscts. obligatlons, instrumenlc snd
documcnts $tatsocver i[ connection with its business includin& withoqt limiriog the foregoing. any bonds, gusrantees, undertskil8s,
rccogniz$ca\ powers of attom€y or rcvocatiors of any po\ er! ol attomey, stipulstions. policies of ins!.ance, d€eds, b&s€{, mo gages,
releases, sstisfactiorB and agcncy ogrecments;
(b) to appoinl, in w ting" on€ o! more pcrsons for arty or sll oftlq purposos medtioned in fie prcc€dinE paragraph (a), including affixiog thc
sealof$c Coryoration.
FOWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE. MORRIS'TOWN. NEW JIRSEY
A(iclclllOmc.ers.Section3.ll,facsimileSiglatuGs.'lhesignatureofanyoflicerauthorizedbytheCoryorEtionrosignanybonds,
guaraotecs, undenaliings, rc.lEnizalqts, rtipulationj. F)\rsls of atbrncy or revocations of any powers of altorlcy and goliciai of in5!rsn@
issucd by ahc Corporetion may be prirllcd, &csimile, IithoSraph.d or othclwisc producid. ln 0dditi(m. if ard c.! ulthorizcd by thc Board ol
Dircdors, dividcnd wananls or checks, or other numcrous insuumcnts simil,, to on€ sno&cr in form, may be signgd by tbe facsirnile signllrrs
or siSnstures, liliognphed or otherwise produced, ofsuch oflicer orollicers ofthe Corporation 6s ioft time to timc may be authori?ed to sign
such inEtrum€nts on behalfofthe Corporation, The Corporarion may continue ro use lor thc purpos$ hercin statcd the facsimile signaturc;f
any person or p€rEons *'ho shall have been suoh ofliccr or ol licer! of the Corporation, notwithst8nding the lbet tlat he may hrve ceased !o be
such at th. liNe whco sucfi inllruDdtts shall be issued,
lN wtTNEss WIIERIOI', UniM stalca Fir€ lnsurance Cortrpsny he! cswrd thcac prcssnrs ro bc signcd and attcst d by its appropriate officcr and
its c.ryoretc seal h.IcuIlto .fiixed thb 28th d6y of Scpt mber, 2021.
UNITED STATES I.'IRE INSURANCE COMPANY
1^'jJ\-
instrument and oflixsd the
lYlatlhew E. Lubin. Pftsidcn{
Sute ofNew Jersey)
County of Mo.ris )
On $is 28th dsy ot Seprenrhcr. 2021, berbre nre. a N otary public ofthc Stst€ ofNew JeBey. came the abgve nsncd ofl'icer ofUnired States FirElrsursnce Comp6ny, lo me pelsorally ktrown to be the itdivid ual and ollicer descdbed her€in. and acknowledged that hc ergcutcd the forcgoingsgolofUnited Slstes Fire Insurance Contpan y thorEro by the &urhority ofhis omoe.
L,
Michnel C. Fay, Senior vice Prssid€ot
tynr/.rA
^4A ['d,t "4.a,
l, tre- unde*isncd officq of t,rited srares Fire Insrrsncc comp.ary, a Dcra.,u,! *#l'ff * i-,tlit||1,l,),if":**'r, power orAltoney of whichlhc loreSoing k s tut,. huc anrt corpcl s6r, 1".,i;1 i, no,.* -i;6""i;; h;iol-f,cn ."rored.
tN uTNEss wHER[oF. I hsw hqfull[o 6cl my hsnd u,Id afiixed thc corporatc scal olunitcd states Firc lnsuraoc! company on rhc 7tfu dayof August ?024
UNITED STATES FTRE INSI.'RANCE COMPAT{Y
/rV_"l AJ?
@
@
ACKNOWLEDGMENT OT ADDENDA
The Bidder acknowlodges the receipt ofthe following addenda issued by the City and incorporated
inlo and made part ofthe ITB or the Agreement. ln the event the Bidder faits to include any such
addenda in the table below, submission of this form shall constitute acknowledgment oireceipt of
all addenda, whether or not received by the Biddcr.
ADDENDUM
N1JMBER
DATE
RECEWED
PRINT NAME TITLE
)
SIGNATURE
(BLUE INK ONLY)
oI rlerlzv (tq*, (Le*-.
(
tt1€S.-rL \
oL gtr\zrr Arlg>n
(
?rrr-s
o3 ah\zx (-r-.,.-'. &arn -trrv-!
or{o\rlz*(3r..-'.r 6r.srn Pm-<.Q.r
\J )
EXHIBIT "L''
--'"-1
I \Vl.))--|'
CERTIFICATION T O ACCURACY OF BID
?he Bidder, by executing this form, certifies and attests rhat all forms, affidavits and documents
related 10 the document that it has enclosed in the Bid in support of its Bid are true and accurate.
Failure by the Bidder to atrest to the truth ard accuracy of such forms, affidavits and documents
shall result in the Bid being deemed non-responsivc and such Bid will not be considered.
By submitting a Bid to do the work, the Bidder certifies rhaa a careful review of the ITB and the
Agreement has taken place ard that the Bidder is fully informed and understands the requirements
ofthe ITB and the expected Agreement and the quality and quantiry of services to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is of.F-
B
LIS\-,the Bidder that has submitted the attached Bid;
He/She is fully informed respectirg the preparation and contents of the attached Bid
and of all forms, af{i&vits and documents submitted in support of such Bid;
All forms, affldavits and documents submiared il suppon of tlris Bid and included in
this Bid are true and accumte;
No information that should have been included in such forms, affidavits and documents
has been omittedl and
C
D
E
EXHIBIT *M"
No information that is inctuded in such forms, affidavits or documents is false or
misleading.
EXHIBIT ftM''
CERTIFICATION TO ACCURACY OT BID
(continued)
Signature ink
Print Name
'F(6SNe$-i--
I
Title
B.t-a
Date
BEFORE ME, an officer duly aurh by law to administer oaths and take
hya oIl tion, on
s in the ofF and and executed the forcgoingstatement as the propcr official tbr the use and pumentioned in it and affixed the offic ial seal ofthe entity, and that the instrument isdeed ofthat entity. He/or has produced
as identification
COMMIS sloN
Notary Public 5.8.?026
OF
My commission expires:PRINT Name ofN otary Public
STATE OT FLORIDA
COUNTY OF 6fr o".,l.n.E,
Whenever two (2) or more bidyBids, which are equal with respeet to price, qua.lity, aDd service, are
received by the ctrY or DANIA BEACH for the procurcment of commodities or conhactual services,
a bid/Bid received from a business thst certifies that it has implemented a drug-free workplace program
shall be give preference in the award process. ln order to have a drug-free workplace prcgfttm, a
business shall;
l. Publish a statement notirying employeos that the unlawful manufacture, distribution, dispeNing,
posession or use of controlled substanc€s is prohibited in the workplacs and specifing thi
actions that will be taken agsinst employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplaca, the business's policy of
maintaining a drug-free workplace, any svailabte drug counscling, rchabilitation, and imployee
assistance programs, and the peralties that may be imposed upon employees for drug'abuse
violations.
3. Give each employee engaged in providing &e commodities or confiactual services rhat are uader
bid a copy ofthe statcment specified in number( I ).
4 In the slatement rpecified in number (r), lotify the employees thar as a condirion for workingon rhe commodities or contractuar services that are und-er Lid, the emproyee will abide by th!tcrrls ofthe statement and will notify the emproyer of any conviction on or prea ofguirty or nocontest 10 any violation of chapter g93, prorida sbtutes or of any controlled substince-law ofth,e-Unired Stares or any singular sate, for a violalion occuning in the workplace no lster thannve (i) days afier such conviction.
5. Impose a sanction on- or reouire the satisfactory panicipation in 8 drug abuse assisaance orrehabilitation program ifsuch is availabf. in tf," l,,ipfoy.!t
"orru"iry by any employee whois soconyicted.
6 Makc a good faith effort to continr.re to maintain a drug-free workplace througlr imprementationofSectioo 2g7.0g7, Flo da St&tutes.
DRUG-FREE WOR]<PLACE CERTIFICATION FORM
This Certification is submittcd by 6e
(PRll'T Na'rE ofAufioriz.d Ag.nr)-Rter.\4,.--AS<((!'Cnr:r_r litr (-
(Tnb)
the
id . r8iddcr Nam.)
;;fr,T,iffi trl,1[ti*'#i;f : :'"rkprace prosram, which ,,6ers,hc
ntrtred ln numbers (l ) through (6)above.
requ
8.q
fy th{rt
ofSection
SIGN
DATE
L4
EXHIBIT ftN'
EXHIBIT (O"
AFFIDAVIT OF COMPLIANCE WITH ANTI.HUMAN TRAFFICKING
LAWS
In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity
listed below ('Entity"), hereby attests under penalty ofperjury that:
l. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes, entitled "Human Tra{ficking".
The undersigned is authorized to execute this vlt fof ty
Date: 8. 1 20ry S
Entity:Name
Title:-Pf(ESr\E!-!r-
Kimley>Horn
City of Oaflia Beach - I'r'lulhkin Park
7134t2024
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?tatgrouM 6qub.nol)a a.d eror.rse .qupmlrt ha!€ baen purcha36d by oie CiV olos ra S6tcn b.ough a di6.l9!eh.66 ode lih tr€ 3Fclisd vs.do.. Cqnlacio.
3n.[ .rdud6 iho lnlt p.ie, d.liv€% ard ins!.!.tio. o! ,na €ql]ipn..l too ti. biJ. Cnl€clor is cspot!l,1, ls propan.g $s site tor h€ eondd lo l6e! tio eqriPn.nt
ps th6 nlMdta€rre/r 3P.oifcalons..'smal prvlon shelsr hss b3sn purchased by *ls civ ol Dania B€.ch h.oulh s darecl plx.ha$ o.3€r rlilh tie speon€d \,€ndor. conttaclor shru edude t€ unt pric€
a.d delivg|y ot lhs .qllp.ltenl Lln lh6 bd. ConLaclor B r€sponstl6 {or Ir. initaraion oi ine oquipm€nt Per lhs manuLc1lr.1s 3p..frc3tons.
pg. 2 ol2
EbcD.{iotion !!i! uni Pllte
Bid Item Notes
I
The Lump Sum Price shall include compensation for all labor, materials, equipment, and all other
incidentals required for all temporary facilities, transporlation, communications, office, maintenance,
project signs, and any other pre- or post-construction expenses necessary for the start or cessation of
the Work, not specifically identified in the costs oflhe Work. The Lump Sum Price shall exclude the
cost of construction material and installation.
2
The Lump Sum Price shall include compensation for all required labor, materials, all necessary
temporary pavement markings and signing lor vehicles and pedestrians, temporary pavement,
lemporary business signage, professional fees, and equipment necessary to provide traffic control for
two-way traffic at all times, in accordance with the plans and specifications. The costs shall include
installation, maintenance, and removal of any and all required traffic control measures throughout
the work area for all work. Costs shall include the use of flagmen. MOT permits and approvals from
the applicable regulatory agencies, including but not limited to FDOT, Broward County Highway
Construction and Engineering Division, and the City of Dania Beach, are the responsibility ofthe
Contractor. All MOT plans are to be signed a sealed by a Florida Registered Engineer holding a
current FDOT MOT certificate. MOT shall include both vehicular and pedestrian requirements. All
crosswalks and sidewalks shall remain open and free ofobstructions. Temporary pavement markings
and signage shall be provided wherever existing has been damaged, removed, or is no longer visible.
The temporary shall be maintained until final markings are installed after asphalt resurfacing.
3
The Lump Sum Price shall include full compensation for all equipment, materials, supplies, and
labor necessary to prepare, oblain permit approval from the Florida Department ofEnvironmental
Protection, and implement the prevention, control, and abatement oferosion and water pollution.
The Lump Sum Price shall also include costs for adherence to the applicable NPDES permit and
Stormwater Pollution Prevention Plan (SWPPP) regulations and requirements such as providing
video documentation ofthe existing site conditions before start ofwork. Work shall include but not
be limited to mulching, sand bagging, slope drains, sediment basins, berms, baled hay or straw, silt
fences and staked turbidity barriers, construction fence with visual dust screen, rock bags, filter
fabric, artificial coverings and other items relating to the construction/removal and routine
maintenance, including mowing, or the prevention, control and abatement oferosion and water
pollution plan.
4
The Lump Sum Price shall include alt labor, materials, equipment and all other incidentals required
for the removal and disposal of all existing concrete, soil/planting, trees, stumps, roots, root pruning,
and other such objects, buildings, structures, playground, appurtenances, existing flexible asphalt
pavement, limerock, base material, and other facilities necessary to prepare the area for the proposed
construction and which are not included as part ofanother bid item.
5
The Lump Sum Price shall include all materials, labor, and equipment necessary to perform site
restoration work including swale restoration, sidewalk, roadway, or driveways impacted by any
construction activity adjacent to project site including bu! not limited to concrete and base removal,
striping removal, clearing and grubbing, utility installations, sidewalk installation, signpost
relooations, etc. The pay item includes but is not limited to new sod, landscaping, trees, excavation,
backfill, grading, irrigation, driveway aprons, sidewalks, fences, pipes, curbs, and any other work
required for project completion and acceptance. Any excavation, backfill, trench restoration, site
restoration and landscaping improvement costs referenced as part ofothgr bid items should be
inctuded in those bid items accordingly. Restoration other than or in addition lo what is indicated by
the plans, specifications, and defined herein will be considered incidental to the construction and the
costs of this incidental restoration should be included in the cost ofproject. The Contractor shall
include the costs associated wi$ a preconstruction video to confirm existing conditions. Any damage
not confirmed by preconstruction video will be repai red at no additional cost to the City.
6
The Lump Sum Price shall include all materials, Iabor, and equipment necessary to excavate the
proposed retention area and backfill the project area as necessary to meet the proposed finished
grade. Any excavation and backfi[ cosls referenced as part ofother bid items should be included in
those bid items accordingly.
7
Unit price shall include all materials, labor, and equipment necessary to install the five feet wide
concrete sidewalk as shown on the plans, The costs include installation of sidewalk, all associated
excavation, management ofexcavated materials, new limerock and subbase as needed, baskfill and
compaction, testing, soil grading ifrequired by adjacent grades to front and/or back of sidewalk, and
ADA compliance for all sidewalk installations. This bid item is not to be used for slab concrete (see
Bid Item 8).
8
Unit price shall include all materials, labor, and equipment necessary to install the slab concrete for
the benches and drinking iountain/drywell as shown on the plans. The oosts include installation of
concrete and steel reinforcement as needed, all associated excavation, management ofexcavated
materials, new limerock and subbase as needed, backfill and compaction, testing, soil grading if
required by adjacent grades to front and/or back ofconcrete, and ADA compliance for all concrete
slab installations. This bid item is not to be used for the five-feet wide concrete sidewalk (see Bid
Item 7).
9
Unit price shall include all materials, labor, and equipmenl necessary to install the slab concrete for
the pavilion sheltor as shown on the plans. The costs include installation ofconcrete, wire mesh, and
steel reinforcement as needed, all associated excavation, management ofexcavated materials, new
limerock and subbase as needed, backfill and compaction, testing, soil grading ifrequired by
adjacent grades to front and/or back ofconcrete, and ADA compliance for all concrete slab
installations.
l0 Unit price shall include all materials, labor, and equipment necessary to install the benches as shown
on the plans. This bid item does not include concrete slab foundation (see Bid ltem 8).
1l Unit price shall include all materials, labor, and equipment necessary to install the waste receptacles
as shown on the plans.
Unit price shall include all materials, labor, and equipment necessary to install the specified fence
and gate systems as shown on the plans.
17
The Lump Sum Price shall include sitework necessary to install all playground equipment (City
provided), hardware (City provided), safety surfacing (City provided), artificial turf (City provided),
header curb (City provided), and site preparation for a complete and acoepted ptayground
installation. Note that the City of Dania Beach has already procured the playground equipment from
the Kompan manufacture directly. Contractor shall exclude unit price, delivery, and instaliation of
playground equipment from the bid.
t8
The Lump Sum Price shall include all materials, labor, and equipment necessary to install all
exercise equipment (City provided), hardware (City provided), header curb (City provided), artificial
turf (City provided), and site preparation for a oomplete and accepted exercise equipment
installation. Note that the City of Dania Beach has already procured the exercise equipment from the
Kompan manufacture directly. Contractor shall exclude unit price, delivery, and installation ofthe
exercise equipment from the bid.
l9 Unit price shall include all materials, labor, and equipment nesessary to install the picnic tables as
shown on the plans. This bid item does not include concrele slab foundation (see Bid ltem !).
The Lump Sum Price shall include all materials, labor, and equipment necessary to install the
specified small pavilion shelter (City provided), hardware (City provided), and associated site
preparation for a complete and accepted small pavilion shelter installation. The foundation materials
t2-16
20
and installation shall be paid under Bid item 9. Note that the City of Dania Beach has already
procured the small pavilion from the RCP Shelters, lnc. manufacture directly. Contractor shall
exclude unit price and delivery of small pavilion fiom the bid, Contractor is responsible for the
installation of small pavilion per the manufacture's specifications.
2t
The Lump Sum Price shall include all materials, labor, and equipment necessary to install the
basketball court, including but not limited to the installation ofthe asphalt court, hoops, poles, nets,
hardware, cables, concrete footings, boundary Iines, court striping, all associated excavation,
management of excavaled materials, new subbase as needed, testing, and grading for asphalt
basketball court installation.
22 Unit price shall include all materials, labor, and equipment necessary to install the player benches as
shown on the plans. This bid item does not include asphalt foundation (see Bid Item 2l).
1.5
Unit price shall include all labor, equipment, material, location, and coordination of all existing
utilities prior to construction, removal ofexisting components as needed, new water service
installation, PE piping, excavation and back fill, compaction, disposal of undesirable material, new
fill, grading, associated site restoration, safety, disinfection, pressure testing, and as-built drawings
for a complete water seryice installation.
28
The Lump Sum Price shall include all materials, labor, and equipment necessary to install the
drinking fountain and drywell at the location shown on the Drawings. Costs associated with the
proposed water service shall be included under Bid ltem 23.
+J
Allowance items will be paid based on the actual cost for each item. Any allowance item, or portion
ofan allowance item, that is not used shall be reconciled at the completion ofthe project and deleted
from the Contract.
44
The Lump Sum Price shall include the cost of bonds, insurance, Iicenses, and all administrative costs
not specifically identified in other bid items. The Lump Sum Prico shall exclude the oost of
construction materigl and installation.
CITY OF DANIA BEACH, FLORIDA
DAi.lla 8EA(l{
sal I u{ r rov! {l
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID ("ITB.") NO. 24-018
ADDENDUM 1
Prepared by:
City of Dania Beach, Florida
i00 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JANUARY 26,2424
CITY OF DANIA BEACH, FLORIDA
IIWITATION TO BID FOR.1\IULI,KIN PARK IMPROVEMENTS"
rTB 24-018
ADDENDUM I
TO ALL BIDDERS: PLEASE TAKE NOTE or THE FOLLOWINC REVISIONS,
ADDITIONS, DELETIONS, CLARIFICATIONS, !TC. RELATIVE TO TIIE SOLICITATION,
WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART
OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.l. Updated Plan Sheets:
a. Asphalt hatches hsve be€n r€!'ised for clsriflcatlon or the Slte Ptan, Pavlng rnd
Grading Plan, and Watcr Plso.
CITY OF DANIA BEACH, FLORIDA
DANIA BEA(H
tar tt lftf I torE (
MULLIKTN PARK IMPROVEMETS
CITY INVITATION TO BID ("ITB.") NO. 24-018
ADDENDUML
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
August 6, 2024
CITY OF DANIA BEACH, FLORIDA
II{VITATION TO BID FOR
"MULLKIN PARK IMPROVEMENTS"
tTB 24-018
ADDENDUM I
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS,
ADDITIONS, DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION,
WHICH IN ACCORDANCE WiTH THE CONTRACT DOCUMENTS SHALL BECOME A PART
OF AND HAVE PRECEDENCE OVER Al.iYTHIliG SHOWN OR DESCRIBED OTHERWISE.l. Updated Bid Form reflecting 8D increase in quantity for conduit related items.
Kimley>>Horn
Clty o( Dania Beach - [4l]ltik,n Park
1t30t2024
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6.nerar Requlrrmenl' (bond1t tnrur.n@, etc.)I L5
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BID FORM
Date:
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?l.,$ur6.quiF. .,A dd.n .qui9rn.d h!v. !a.n plrEnrt.d ty nra Ciry ol O.n| B..ch $o!ga. dncr pu.cha.. od.. wih 6. !p.c,66d y. dq. Co,nra.lor
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CITY OF DANIA BEACH, FLORIDA
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID ("ITB.") NO. 24-018
ADDENDUM 3
Prepared by:
City of Dania Bcach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
August 9, 2024
DANIA OEAC.{
st. fl Urg f rgrf It
CITY OT DANIA BEACH, TLORIDA
IWITATION TO BID FOR
"MULLKIN PARK IMPROVEMENTS"
rTB 24-018
ADDENDUM 3
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWINC REVISIONS,
ADDITIONS, DELETTONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION.
WHICH IN ACCORDANCE W1TH THE CONTRACT DOCUMENTS SHALL BECOME A PART
OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.
l. The deadliue for submission ofbids has been extended to 1:00 p.m. on August 16,2024.
CITY OF DANIA BEACH, FLORIDA
DANIA bEA(Ht[r n rrl ,I tCXt lT
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID (4ITB.") NO.24-018
ADDENDUM 4
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
August 9,2024
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"MULLKIN PARK IMPROVEMENTS"
ITB 24-018
ADDENDUM 4
OUESTIONS AND ANSWERS
l. At the prc-bid site meeting, the city mentioned that lhe playground equipment, shade system,
pavilion, and fitness equipmenl will be purchased by the City of Dania Beach and installed by the
contraclor. Please confirm.
Response: Playgmund equipment, shade system, and cxcrcise equipment have been purchased by
the City of Dania tseach lhrough a direct purchase order with the specified vendor. Contraclor
shall exclude the unir priee, delivery, and installation of the cquipmcnt &om the bid. Contractor is
responsible for preparing the site for lhe vendor to install thc equipment per the manufactureCs
specifications.
The small pavilion shclter has been purchased by &e City of Dania Beach through a direct
purchase order with the spccilied vcndor, Contractor shall exclude the unit pricc and dclivery of
xhc cquipment from the bid. Conlractor is responsible for thc installation ofthe equipmenr per the
manufacmrer's specifi cations.
2. Is the Ciry of Dania Beach purchasing the artilicial turf and the conhactor to install it?
Response: 'Ile City has purchasEd thc arti{icial turf. Contractor shall cxclude the unit price,
delivery, and insollarion ofthe artificial :urf from the bid. Contractor is responsible for preparing
tle site for dte vsndor to inslall thc artificial urt per the manutirctureds specifications.
3. Drawing No. C500 calls out for a new I " water line wilh a new metcr for the new water
fountain. Is there an existing dedicated water tine for the irrigation system, or is the desun to
connect to the new water service?
Response: The plans call for connecting to fte cxisiing water mcter and replacing the backflow.
The plans also call for a new conlroller and rain sensor utilizing the existing clectrical
conncction. If thc Contractor finds this mcter to not be viable, then a new connection may be
nceded (which is covered in notes on the plans).
4, Drawing No. C600 call out for Five (5) camera locations. Docs the City have a prelbncd low
voltage company they would like &e bidders to use?
Response: Therc are (4) proposcd cameras; please refer to C6l0 for equipmcnt dctail pmvided by
City of Dania Beach.
5. Are the cameras designed rc be mounled on the solar power light poles or are thcy designed to be
mountgd on a separate pole?
Response: The security camerds are to be mounted tr: the same pole as the solar lighting system.
6. The Player Bench, manufactured by Park Warehouse, as per Detail F,/C402, is provided in
sweral lengths from 6' to 24'. Please clariS which length is to be used.
&esponx: Thc Playcr Benches were requested by th(: City to be 8' with backs; thcy arc drawn to
scale on the plans.
7. FP & L transformer location?
Response: ThE ebctrical design ties inlo thc existing cleclrical scrvicc after lhc mctcr. No utility
ransformer / fPL coordination is anticipated.
8. Plans show eisting pole with pull boxes. Is this existing or new?
Responsc: More clarification is required. If this is in reference to the callout "Existing powcr pole
with clectrical service equipment to remain," the polc will indeed remain.
9. Is the Generat Codractor responsible for providing the "Cradlepoint E3000 Route/' ???
Responsc: No.
10. Is the General Contractor responsible for providing the Cameras ?............and ifyes, then please
provide the specification(s) for the cameras and equipment.
Responsc: Yes, please rcfer to C6l0 for cquipment detail "Security Camera" provided by City of
Dania Beach.
I 1. Please provide clarification as to the correc! height required for the perimeter fencing .t the
Basketball court ? We see 10'-0" black vinyl coated fence on the bid fonn, however, it does not
indicare if it is at the basketball court.
Response: 10'-0" black vinyl coated fsncc is rcquired around the baskctball cour! as labeled on
she* C100.
12. Anorher bid form line item shows a 6'-0" high black vinyl coated gate at the basketball court
? Would the gare and the fencing be diff€rent hcights ??
Response: Corrcct" 6'-0" high gates are rcquired for the basketball coufi' Ihere will be 4' of
cont;nuous black vinyl fencc ovcr the top of the 6' high gates (lo match the l0'-0" black vinyl
fence surrounding the basketball court).
13. Please, provide specifications for Concrete Base for Aluminum Poles.
Response: Detail sheet C61 I provides specificarions for the concrete foundation including but not
limitsd unit wcight, Wc ratio, compressive strength, and more.
14. Please, double check or confirm CAT-6 Cable length (600 LF).
Rcsponse: The POE eihemet connectiom (CAT-6) at the cameras must be within 300 ft (100
me6rs) of the nctwork doyice that connccts them. This means that if2 cameras are connected
tfuough the same conduit route, lle longest that route can bc is 30{) ,t tolal; we have 4 cam€ras so
thcn tbr(2) 300 ft runs, wc are lelt witha toral of600 ft. Ifthc contractor docs not believe it is
possible io connect 2 camgras on the same route and still keep the total distance from the last
iamera back to the nctwork devicc under 300 11 (100 mercrs), then each camera can be connected
individually. Ifso, the disance of the (4) individual cA'l'-6 cable runs can each be 300 ft, or a
t()al of 1200 fa.
I 5 . Pleasg indicate mounting height of Security Cameras,
Response: 10-12 feet.
16. Please, providc UPS spccifications.
Responsc: Electrical note #4 in thc plans specifies the requirements lbr a (JlS product in rhis
design.
BGI
EEJAR CONSIRUCNON, INC.STArE CERTIFIED GENERAL CONTRACTORS
References:
Playgrounds:
CW ol Weston San Remo {Community):
Owners Representa{va:TPMG
2US Exacutiva Park Dr. #127
Waston, Florlda 33331
Att: llr Troy lt odlin
(954) 605-5484
troy@tpmAfl.eom
Description: Demolition of existing playground equipment, installation of drainage system, installatian of
site fenclng, installation of new playground equipment and ADA mulch.
City of Ft, Lauderdale (Twin Lakes):
Ow n ers Rep resentativa:City of Ft. Lauderdale
140 N. Andraws Avenue
Ft, Lauderdale, Fl. 33301
Att: Mrs. lrina Toker
(e54) 828-5389
I To ka rtaf o N a u d e rd a I e. d a Y
Description: Site clea ng and gtadlng, installation of new irrigation system, lnstallatlon of new
rubberized walking path, installation of new playqround system and turf, new landscaping and installation
of new shade system.
City of Coral Gables (War Memorial Youth Center Playground Replacement):
Owner Reptesentatlve:City of Coral Gables
2800 S.W. 7?d Avenue
Coral Gables, Floida
Alt: Mn David Galeano
o86) 318-5676
d a a I ea n o@a arala a b I es. co m
Description: Replacernent ol existing oatdoor and indoor playground system, furnish and install
outdoor rubberi2ed mulch around existing t ees, turnlsh and insta outcloor synthetic turf and shade
system. Furnish and install indoot EPDM tlooring system and interior ceiling fan and light fixtures,
City of Weston Bonavantura Park:
Owner Representatlve:City of Weston
2599 South Post Road
Weston, Florida 33327
Atl: Mr. Bernard Eugene
95tt-918-0815
beugene@westonfl .org
Description; Clear and grub approximately 3.sacres, installation ot drainage system, lnstallation of
sldewalks, playgraund equipment and wo* out area, construction of a one story restroom bulldlng and
installation of all iffigation system and landscaping.
City ol Sunrise Passive Park:
Owner Ropresentative:City of Sunise
777 Sawgrass Corporate Parkway
Sunrise, Florida 33325
Att: Mr. Chrls Ulrich
95+789-8762
cuklch@sunrlsefl.doY
Description: Clear and grub approximately 3acres, installation of trellis system, idgation, landscaping,
site fencing, electrical light poles and installation of one Blue Code Pale, Parking lot re-seallng and
installation of parking signage.
Miami-Dade Cou nty Parks:
OwnerRepresentatlve: Miami-DadeCounty
Parks Recreationa, I OP6lt SPaces
275 N.W ?d Street - 4h Floor
ttiami, Florida 33128
Att: Mrs. MamY Pereda
1-786-4054879
fi, a mv. P e reda@m i a m i da d e. dov
Ddscription: Ctear & Grub existing site, instatlation of several playground systems includlng one shelter
and ranovatlon of ex]sting playground, construction af pe'fmetor wall, installation of slte
pavers, installation of ADA mulch and landscaping.
6326SW191 Ava. Pembroke Pines Ft.33332 Tel:1(954) 431'5981 Fax:1(9 ) 431'4627
CITY OF DANIA BEACH, FLORIDA
DANIA
sfr I LJrf
BEACI{I t-ovE fi
MULLIKIN PARK IMPROVEMENTS
ctTY INVITATION TO BtD (*trB.*) NO.24-018
Prepared by:
City of Dania Beach. Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
JULY 12,2021
TABI,E 0F CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE.BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION I
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION IO
SECTION 1I
SECTION I2
SECTION I3
SECTION I4
SECTION I5
SECTION I6
SECTION I7
SECTION I8
SF,CTION I9
SECTION 2O
SECTION 2I
SECTION 22
SECTION 23
SECTION 2,I
SECTION 25
SECTION 26
SECTION 27
SECTION 28
SECI'ION 29
SECTION 30
SECTION 3I
INTRODUCTION AND INFORMATION
NO BIDS
CAUSES FOR REJECTION OF A BID
INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
GENERAL CONDITIONS
SPECIAL CONDITIONS
PUBLIC ENTITY CRIMES STATEMENT
PRICES. TERMS ARE TO BE FIRM
BID SECUzuTY
PROTECTION OF PROPERTY
TRASH
INSTRUCTIONS TO BIDDERS
RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
NON-COLLUSION STATEMENT
FLOzuDA TRENCH SAFETY ACT
MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
PUBLIC RECORDS
SUCCESSORS AND ASSIGNS
QUALIFICATION OF BIDDERS
CONTRACTOR'S RELATION TO THE CITY
EMPLOYEES OF THE CONTRACTOR
AVAILABILITY OF FLINDS
LICENSES. PERMITS AND FEES
TERMINATION OF AGREEMENT
TERMINATION OF ACREEMENT FOR CAUSE
INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
INSURANCE REQUIREMENTS
SAFETY
WARRANTY
RESPONSIBLE BIDDER
PROHIBITION AGAINST CONSIDERING SOCIAL. POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
BILLING PROCEDURE
PROGRESS PAYMENTS
BID PROTEST PROCEDURE
LITIGATION
CONTRACT AWARD AND EXECUTION
CONE OF SILENCE
ADDITIONAL GENERAL CONDITIONS
2
SECTION 32
SECTION 33
SECTION 34
SECTION 35
SECTION 36
SECTION 37
SECTION 38
SECTION 39
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT..C"
EXHIBIT..D'
EXHIBIT..E''
EXHIBIT.'F"
EXHIBIT "G"
EXHIBIT..H"
EXHIBtT "t"
EXHIBIT..J"
EXHIBIT.'K'
EXHIBIT..L"
EXHIBIT.M''
EXHIBIT -N"
EXH]BIT..O..
BIDDER QUALTFICATIONS
BID FORM
PERFORMANCE BOND
PAYMENT BOND
BIDDER'S QUESTIONNAIRE
SWORN STATEMENT UNDER SECTION $287.133(3)(a). F.S.. FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES
NON.COLLUSION AIFIDAVIT
INDEPENDENCE AFFIDAVIT
REFERENCES
BID BOND
BID SECUzuTY
ACKNOWLEDGMENT OF ADDENDA
CERTIFICATION TO ACCURACY OF BID
DRUG-FREE WORKPLACE CERTIFICATION
AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING
LAWS
CITY OF DANIA BEACH. FLORIDA
INVITATION TO BID FOR
*MIILLIKIN PARK IMPROVEMENTS"
ITB 2l-018
NOTICE TO I]IDDERS
NOTICE IS GIVEN that the City of Dania Beach. Florida (the "Cit1'' or "Ou'ner") will be
accepring sealed Bids tbr irs "MULLIKIN PARK IMPROVEMENTS, ITB 2{-018-.
Bids will be accepted on DemandStar until AUGUST 12,?024. at l:00 PM. Bids received after
this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements
until the response opening is conducted.
PROJECT DOCUMENTS
Documents ma1- be obtained from *rrrry.demandstar.com or from the City website at
wwrl-daniabeach fl.sov.
MANDATORY PRE-BID CONFERENCE
A MANDATORY Pre-bid conference will be held on July 22, 202'l at I l:00 a.m. at Mullikin
Park.230 SW l" Court, Dania Beach, FL 3300'1. 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 lor questions and answers for all interested persons. Any interpretations,
clarifications or additional infbrmation not disclosed in this Bid and determined to be necessary
by the Owner in response to questions, will be issued by means ofaddendum or addenda. which
addendum or addenda will be posted to the Ciry..rvebsite. www.daniabeac v. and
www.dem dstar.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 ifthere has been any
addendum or addenda posted for this Bid. Only questions answered and infbrmation supplied by
l
means ofsuch addendum or addenda will be considered as binding. Oral interpretations.
clarifications or other information will have no legal and binding effect.
BID DOCTJMENI'S
Bids must be submitted electronicalll' on DemandStar. the Ciq''s designared electronic bidding
system. All bid document tlles must be clearly labeled "MULLIKIN PARK
IMPROVEMENTS. ITB 24-OI 8'"
All bid prices shall be guaranteed firm for a minimum ofone hundred twenty (120) calendar days
afier the submission ofthe bid. No bidder mal u'ithdrar"'a bid w'ithin ninety (90) calendar da1's
afier 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. [n the event presentations are necessary. all non-presenting
bidders *.ill be required to exit the room during the presentations of each ofthe other bidders as
portions of selection committee meetings at which presentations are made are exempt from
Florida's public meeting laws.
A certified check. cashier's check, bank officer's check. or bid bond for Ten Thousand Dollars
($ | 0,000.00). made payable to the City ol Dania Beach shall accompan) each proposal.
Bids will be publicty opened and read aloud immediately atier the submission deadline on the Rid
due date referenced above using RingCentral meeting software. in the presence ofthe City Clerk
or designee on the above stated date. Award of a contract will be made at a subsequent City
Commission meeting
AII 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 successiul performance of projects ol
a similar magnitude, scope and value as this project.
The Citl Commission of the Cit)' 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 OI DANIA BEACH. FLORIDA
Prrblished on: J[ ]l.Y 12.2024
l
"MULLIKIN PARK IMPROVEMENTS"
rrB 24-018
SITE PLANS. DRAWIN(;S AND TE CHNIC IAL SPECIFICATIONS ARE
POSTED ON CITY AND DEMANDSTAR
6
I.1 SCOPE
1.1.1 The City of Dania Beach. Florida (the -Citv" or "Owner"). is activell seeking bids
from qualilied Contractors (the "Contractor"). for a project known as "MULLIKIN PARK
IMPROVEMENTS, ITB 24-018. The Cit-v is a recipient oithe Florida Recreation Development
Assistance Program (FRDAP) grant. The FRDAP grant program is administered by the Florida
Department ofEnvironmental Protection (FDEP) and provides financial assistance for acquisition
or development of land for public outdoor recreation. The grant provides for a range of
improvements including the installation of pavilion shelters, a basketball court and various site
enhancements. The contractor shall be responsible for f'umishing all labor and materials to
construct the f'acility in accordance with project plans and specifications.
This project will be partially funded by State funds and bidders should consider the
compliance requirements contained in the Grant Agreement. number A30l 8. betueen the City of
Dania Beach and the Florida Department of Environmental Protection. Bidders must carefully
revieu,and become familiar with the Grant Agreement conditions that govem this contract. All
state and l-ederal requirements contained within the grant agreement are applicable to the
respondent.
1.1.2 By submitting a bid, the Bidder acknowledges that he, she. or it is f'amiliar with the
scope ofservices priorto submining a bid. Failure of a Biddertobe familiarwith the requirements
of the Project Work does not relieve the Contractor of the responsibility for completion of all
required services for the Project.
1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to
become thoroughly f'amiliar with the nature and extent of the Work to be perlormed 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 tbr the Bidder's
failure to do so.
I.1.4 Bids will be considered if submitted by qualified Contractors who or which have
experience. including similar previous work in the provision ofthe 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 ofservicesl
b. A breakdown ofthe costs for the delivery olservices described above.
c. Rdsum6s olkey personnel who will actually be assigned to the Project Work and a
description ofthe role ofeach 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 ofthe City's representative or designee *ho is in charge
of the Project.
e. A list offive (5) similar projects perfbrmed in South Florida (see the form to be
used which is included as Exhibit "A", ''Bidder Qualifications"i it is made a part
ofand is incorporated into the ITB by this reference) and it includes the lollowing
information:
I ) Name of each entity for which the work was performed:
2) Brief description ofthe scope of n'ork:
1
SECTION I .INTRODUCTION AND INFORMATION
i) Amount of initial contract a'"\'ard: and
4) Name of contact person and contact inlbrmation with the entity who can
knowledgeabll' discuss your company's performance.
f. lndication that the Contractor can provide increased levels of senice (additional
hours) at the same cost per hour; and
g. Any other infbrmation that the Contractor f'eels is relevant to assist the Cit,"" in
evaluating Contractor's qual ifi cations.
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, ret'erences and past performance. The
City reserves the right to reject any and all bids, to waive any intbrmality in a bid
and to make an award in the best interests of the City. In case of disputes in the
award ofthe agreement. the decision ofthe Citl shall be final and binding on both
partie s.
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 ofTered 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.
SIiCTION 3 - CA USES FOR REJECTION OF A BID
3.1 No bid uill be considered or accepted that. in the opinion of the Cit1. 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. Ho*,ever. the City shall be under no
obligation to invesligate the correctness of any bid. and the Bidder bl signing the bid shall be
deemed to have veritled that no erors appear in the bid as submitted. Any alterations. erasures,
interlineations or tbilures of a bid to contain all items called fbr in the tTB may result in rejection
of the bid.
3.2 lf any Bidder violates anv provision in the ITB. such Bidder may be disqualified from
perlbrming the Project work. or fiom furnishing the requested services fbr which the bid was
submitted. and the Bidder may be t'urther disqualified from bidding on any f'uture bids for work,
fbr soods. or for services for the Citv.
3.3 The Bidder shall complete the .'Bid Form", which is attached as Exhibit "B"l it is made a
part ofand is incorporated into the ITB b1'this ref'erence.
8
SECTION2-NOBIDS
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.
.l.l All questions requiring interpretation or clarification of the bidding documents shall be
made in *.riting and shall be delivered to the Citl (and its Consultant. il applicable) to
orocurement@dania beachfl.sov by 3:00 p.m. on July 31,202.1. Questions received after this time
*,ill not be addressed.
4.3 Interpretations or moditlcations olthe bidding documents made in any manner other than
Addendum or Addenda issued by'the C iry- shall not be binding and shall have no effect.
1.4 The Bidder, prior to submitting a bid. shall ascertain that it has received any Addendum or
Addenda issued by' the Ciry lbr this Project. and that shall be acknowledged in u'riting by an
authorized representative.
{.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.
1.6 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 ofa discrepancy between the two. the
amount written in words shall govem.
1.7 In the event ofa mathematical error in the extension of any unit price. or addition oftotal
price. the unit price shall prevail.
,1.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid ("lTB") MUST
comply u,ith all ofthe insurance requirements specified in Section 27 ("lnsurance Requirements")
of the Bid Documents and the Agreement upon av','ard to the successt'ul Bidder.
SECTION 5 - GENERAL COND ITIONS
5.1 Purpose: The purpose of the lnvitation to Bid is to establish between the City and the
Contractor an agreement to perform the project work. The successful Bidder shall provide a
Performance Bond for One Hundred Ten percent ( I l0%) ofthe contract price made payable to the
C it_v of Dania Beach. Florida. within fourteen ( l4) days of notiflcation of the award of the
agreement. A copy ofthe Performance Bond tbrm is attached as Exhibit "C": it is made a part of
and is incorporated into the ITB by this reference.
Documentation: Bidder shall submit in its bid the following:
a. Evidence that the Bidder is certiiled and licensed to perform the required services
in the State of Florida. The successlul Bidder must be in compliance with all
')
5.2
SECTION { - INTERPRETATION AND CLARIFICATION OF BII)DING DOCUI\IENTS
4.2 For intbrmation pertaining to this ITB. email the Procurement Division at
orocurement@daniabeachfl.sov. Such contact shall be for clarification purposes only. Material
changes, ifany. to the scope ofservices or Proposal procedures will be transmitted only by written
addendum.
applicable laws and regulations:
A statement stating the number ofyears the Contractor has been a qualified provider
ofthe requested services: and
A complete Bidder's Questionnaire fbrm which is attached as Exhibit "E": it is
made a part ofand is incorporated into the ITB by this reference.
5.3 Bidder Expenses: Bidders are solely responsible for their o\\n e\penses 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 an1'
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
participaring in negotiations lor a contract. or any other activity related to or arising out of this
ITB.
5,{ No Contract: B.v submitting a Bid and participating in the process as outlined in this ITB.
Bidders expressly agree that no contract ofany kind is formed under or arises from this ITB prior
to the complete signing by both parties of a formal \tritten contract.
Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing
business relationships the)' may have with the City.. If requested by the City. a Bidder should
provide all pertinent information regarding ownership ofthe entity u'ithin forty-eight (48) hours
ofthe City's request.
5.5 General Conditions: The agreement to be awarded will be subject to the provisions ofthe
United Sates Constitution. Florida laws. statutes and ordinances ofthe United States of America.
the State ol Florida. Bro'*'ard Count!' and the Ciq' ol Dania Beach.
SECTIO N6-SPECIALCONDITIONS
6.1 Any and all Special Conditions contained in the ITB that may be in variance or conflict
with the Ceneral Conditions shall have precedence over the Ceneral Conditions. Ifno 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 ofthe Il'B and any other pertinent documents form a pan of
the lTB. and ultimately. the agreement; all of the documents are made a part of and are
incorporated into the ITB and the au'arded agreement.
ST]CTION 7 - PUBLIC ENTTTY CRIMES STATEMENT
A person or at-filiate who. or which has been placed on the State of Florida convicted vendor list
following a conviction for a public entit-v crime may not submit a bid on a contract to provide an)'
goods or services to a public entit) - may not submit a bid on a contract u'ith a public entitl' 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 arvarded or perform work as a Contractor. supplier,
b
C
l0
subcontractor or consultant under an agreement with an! public entity. and ma)' not transact
business with any public entity in excess ofthe threshold amount provided in Section 287.017 F.
S. for CATEGORY TWO. which is $35.000.00. tbr a period of thirty-six (36) months from the
date ofbeing placed on the convicted vendor list. A form to that effect. as mentioned above, must
be submitted by the Bidder. A copy ofthe Sworn Statement on Public Entities Crimes is attached
as Exhibit "F": a copf is made a part ofand is incorporated into the ITB b1'this rel'erence.
SECTION 8 PRICES,TERNIS ARE TO BE FIRNI
8.1 The Bidder warrants by virtue of its Bid that the prices. terms and conditions contained in
the ITB shall be firm for a period ofno less than one hundred Nventx' ( 120) calendar days fiom the
date of the bid opening.
8.2 The bid prices shall include all permit fees. royalties. license fees. taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work. as
welI as all costs of packaging. transporting and delivery of any materials and equipment to the
designated location w-ithin the Cit)'. and the site cleanup.
8.3 The Citl ma1' require the addition or deletion of services from the Contractor if the
requirements and needs of the City change, in City's sole opinion. This may entail additional
services and additional locations. The Contractor shall provide the City with costs tbr these
additional services and additional locations or both. based upon the cost structure utilized in
establishing the pricing fbr listed locations in initially contracted areas. Deletion of locations.
services. or both shall be handled in the same manner as described above. Ifthe costs offered are
not acceptable to the Cit),. the Citl reserves the right to procure the additional services t-rom one
or more other Contractors.
SECTION9-BII)SE C LIRITY
9.1 Bid Security: Simultaneousll, with the delivery of an executed Bid to the owner" the
Bidder shall fumish to the Owner a Bid Securit.v in the amount of Ten Thousand Dollars
($ 10,000.00) as security fbr the taithful execution ofan Agreement with the Owner in the event of
a hid asard b1 the City Commission.
g.2 Bid security may be in the fbrm of a cashier's check payable to the City ol Dania Beach
and drawn on a Florida bank. or a Bid Bond (see Exhibit "K") issued b1' a surety meeting the
qualifications stated in these Instructions to Bidders. Cashier's checks !qU$ be received by the
Procurement Division before the bid submission deadline at the address noted on the title page.
Bonds shall be submitted onthe fbrms provided by the O*'ner. Bonds shall be retumed subsequent
t6 award of the Agreement by the City Commission and execution by the successf'ul Bidder and
the appropriate Citl officials. If the Bidder fails to submit the required executed agreement within
fburteen (l.l) calendar days after an award. the Bidder agrees that the City ma1 retain the bid
security deposit as the City"s liquidated damages,
9.3 Failure of the successf'ul Bidder to execute an Agreement. to f'umish Performance and
Payment Bonds when required. and to f-urnish Certificates of Insurance in the minimum amounts
specified in the Bid shall bejust cause for the rescission ofthe agreement award and the retention
ofthe Bid Security deposit by the Owner. Such retention shall be considered not as a penalty. but
as liquidation of the claims of the Ou,ner tbr damages it sustained. uhich are not otheru ise readily
ascertainable. Award may then be made to the next ranked Bidder, or all Bids may be rejected.
S E CTION IO - PROTECTION OF PROPERTY
l0.l The successlul Bidder shall at all times guard against damage or loss to City property or
propert) of other persons. vendors or Contractors and shall be responsible fbr replacing or
repairing any such damage or loss. The Contractor will be required to report any such damages
immediatell' to the Cib-'s representative in charge of the Project. The successful Bidder shall
ensure that the area in u,hich the sidewalks are being replaced that pedestrians. and the general
public are not injured nor have access to the area (saf'eiy* screening) in which u'ork 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 pa]ment due to the Contractor. In all cases- the decision ofthe
City is final.
SECTION II -T RASH
Contracror shall be responsible for the daily removal of trash and debris from the Project work
sites and upon completion of the Project Work.
SE(]TIOI.' I2 - INSTR uc TIONS TO BIDDERS
l2.l 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 hid.
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 govemment. This exemption does not transmit to
suppliers in theii 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 la*'.
The Clontractor ii responsible for reviewing the pertinent state statutes involving the sales tax and
complying with all requirements.
SECTION I3 - RETENTION OF REC ORDS AND RIGHT TO ACCESS
The successful Bidder shall preserve and make available all tlnancial records. supporting
documents. statistical records. and an) 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 tindings have not been resolved at the end of these three (3) years. the records shall be
retained b-".' the City until resolution oi audit tinding.
)
By submitting a bid. the Bidder affirms that the bid is without previous understanding, agreement,
or connection u,ith anv person. business. or corporation and that the bid is in all respects fair. and
made u,ithout collusion or fraud. The Non-Collusion Affidavit form must be executed by the
Bidder: a copy ofthe form is attached as Exhibit "H": it is made a part ofand is incorporated into
the ITB by this reference.
The Bidder shall include with its Bid. rl,hen applicable, all documentation required by the Florida
"Trench Saf'ety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented
in the Bid. and those presented in any subsequent change orders shalI include the Bidder's cost fbr
compliance r.l'ith the applicable trench saletl standards.
SECTION I6 - NTINIMUM AND N{ANDATOR Y TECHNICAL SPECIF ICATIONS
The technical specifications may include items that are considered minimum. mandatory. or
required. Ifany 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
norificarion must be received by the Citl 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' u'ill consider the technical specifications to
be acceptable to the Bidder.
SECT'ION I7 - PT I]LI(' RECORDS
17.l Bid Submissions Shall Become Ci$ Proper(v: AII submissions become the propertl'of
rhe Ciry and will not be rerumed to the Bidder. The City will hold all submissions in confldence
unless otherwise required by lau'.
17.2 Contractor's Obligations: Bidders should be aware the City is a "public body" as defined
in Florida Statutes. Section ll9.0ll(2) and that it is subiect to Florida Statutes. Section
I 19.070t (2) (a). and the related provisions of the Florida Public Records Law. If awarded this
project. the tbllo*'ing ll'ill apply:
17.2.1 Documents to B€ Citv Propertv: Unless otherwise provided by la\,\'. 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 ofthe City.
17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in
Bi{der's possession or control in connection *'ith Bidder's perfbrmance under the contract. Bidder
additionally agrees to comply specifically w'ith the provisions of Section I 19.0701 . 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 b1' law. for the duration of
the contract. and fbllowing completion ofthe contract until the records are transf'erted to the City.
l_l
SECTION I4 - NON-COLLUSION STATEMENT
SECTION I5. FLORIDA TRENCH SAFETI'ACT
17.2.3 Response to Public Records Requests: Upon request f'rom the City custodian of
public records. Bidder shall provide the Ciq *ith a copy ofthe requested records or allor.r' the records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided b1'
Chapter I 19. Florida Statutes. or as otherwise provided by lavr'.
17.2.4 Delivery of Records: Upon completion ofthe contract or in the event of termination
b1' either paq. an!' 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 Cit-v in a format that is
compatible with the City's information technolog systems. Once the public records have been
delivered upon completion or termination of the contract, the Bidder shall destroy any and all
duplicate public records that are exempt or confidential andexempt 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 ref'usal to comply with the provisions of thrs
section shall result in the immediate termination of the contract b) the CiR.
17.3 Floritla Public Records Law: Pursuant to Section I 19.0701(2) (a). Florida Statutes:
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER I19, 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:
Elora Riera, City Clerk
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
954-924-6800. Ext. i623
eriera'@daniabeachfl.sov
SECI'ION I II . STICCESSORS AND ASSIGNS
The Cit-v and Contractor. respectively. *,ill bind themselves. their partners- successors. assigns and
legal representatives to the agreement. Neither party to the agreement shall assign or subcontract
it or any portion of it. without the advance wrinen consent ofthe other.
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Telephone number:
Email:
SECTION I9 - OUALIFICATION OF BIDDERS
19.1 Bidders' Qualifications: The Bidder shall complete the Bidders' Qualifications Form
(Exhibit "A") attached, along *'ith any other evidence of satisfactory experience and abilin to
perfbrm the proposed Work. The failure of Bidder to demonstrate successful performance ol
pro.lects ofa 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: lf requested by the Owner. the Bidder shall submit a
ce(ified financial statement. prepared $,ithin thirt-r'(30) da,""s of submission of the bid. indicating
current financial resources, liabilities, capital equipment, and financial history performance.
19.3 Disquali{ication: A Bidder shall be disqualified and its unopened Bid shall be rejected by
the Cit-v for any one or more of the following reasons:
a. Reason to believe that collusion exists among the Bidders.
b. The Bidder is or has been involved directly or indirectly in litigation or arbitration
against the Owner u'ithin the past ten ( l0) years.
c. The Bidder has defaulted on any previous contract with the Owner within the past ten
(l0) 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 diflerent names. All such parties shall be disqualified.
e. Untimely bids shall be automatically and absolutely disqualified and retumed
unopened. Excuses for the untimely submittal shall not be accepted. The time of bid
recJipt documented by the City Clerk's office shall determine the timeliness of the Bid.
19.,1 Non-responsible Bidder: A Bidder may be determined by the Owner to be ''non-responsible"
once Bids arJ opened. and a Bid may be rejected for any one or more of (but not limited to) the
following reasons:
a. Determination ofa lack ofcompetency as may be revealed by qualification statements.
financial statements, experience records or other information disclosed to Owner bl'
other sources.
b. The Bidder's uncompleted or pending w'orkload on other projects. *'hich in the
judgment of the Owner may cause detrimental impact on timely completion of the
Work.
c. The appearance ofan 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 ofthe bidding documents.
e. lf the Bidder fails to demonstrate successt'ul performance and completion of projects
ofa 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 fbllowing reasons:
a. If the Bidder f-ails to submit a complete Bid, including but not limited to, submitting
evidence ofall 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 ol the Contract
Documents.
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SECTIO N 20. CONTR{CTOR'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 w'ill specity the Project Work to be done b;-'the Contractor. but the method
to be employed to accomplish the work shall be the responsibility of the Contractor. unless
otherwise provided in u'riting in the agreement. Contractor and its emplo.vees are not entitled to
any of the benefits that the City provides fbr City employees.
SECTION 2I - EMPLOYEES o F THE CONTRACTOR
2l.l Contractors shall only designate employees who are sutilciently skilled to provide the
required services specitied in the ITB. Anl person employ'ed to provide the services r.r'ho lails.
ret'uses or neglects to obey the instructions ofthe City's representative in anything relating to these
sen.ices- or who appears to be disorderll. insubordinate. or incompetent shall upon the order of
City's representative. be immediately relieved by the Contractor from the Project Work. Any
interference u,ith. or any abusive or threatening conduct toward anl City representative. its
assistants or inspectors by the Contractor, its employees or agents, or any member of the public
shall be grounds lor the City to terminate the agreement and re-let the work. The Contractor shall
f'umish ;ll labor. materials. supplies and equipment necessary to properly mainlain all Project
Work areas in an acceptable and safe condition.
21.2 Contractor agrees that it and its officers shall be held fully responsible. except as otheruise
prohibited by la*'. for all acts of their employees *'hile in their emplol.
SECTION 22 - A VA ILABILITY OF FUNDS
The obligations of the City- under the awarded agreement will be sub.iect to the availabiliq of
tlnds.
SECTION 23. LICENSES PERMITS AND FEES
In accordance $,ith the Public Bid Disclosure Act. Section 218.80. Florida Statutes. each
license. permit. or f-ee a Contractor will have to pa) the City belbre or during the \ ork. items or
services to be provided or the percentage method or unit method ofall licenses, permits. and f'ees
required by the City and payable to the Cit1 b1'virtue ofthe w'ork. items. or services as part ofthe
agreement are as tbllows:
a. Contractor shall have and maintain during the term of the agreement any' and all
appropriate City licenses, fees (and business tax receipts, ifapplicable)' which shall be
paid in f'ull in accordance ilith the Cit.,-'s f'ee structure for such items. THERE WII-L
NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OFCITY
LICENSES, FEES (OR BUSINESS TAX RECEIPTS' IF APPLICABLE).
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b. During the performance of the agreement. there may be times when the Contractor w'ill
be required to obtain a permit tbr such work, or in conneclion 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 perlbrmance of the work. Ant t'ees 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 ofFlorida or
the federal government.
d. CiR will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination System (NPDES).
S ECTION 2{ - TERMINATION OF AGREENIENT
lf the successlul Bidder who or which is awarded the contract lails to provide the services. or
shall in any other manner commit a breach of the agreement and lails to remedl the same within
five (5) calendar days afler receipt of written notice I'rom the City, the City may term inate the
agreement resulting from the ITB without any', further notice to the Contractor. Cit\ representatives
will review the construction services periodically to assure that the requirements ofthe agreement
are being met. If any work is unsatisfactory. the Contractor shall be contacted. and the
discrepancies corrected at no additional cost to the Cit1. Ifdeficiencies are not corrected uithin
five (5) working days, the City may, at its option. perform the required services or contract to have
them perfbrmed and deduct the cost ofthose senices from the agreement cost.
SECTION 25 - TERM INATION OF AGREEMENT FOR CAUSE
If, through an) cause. the Contractor shall fail to fulfilt 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 $,ritten notice to the Contractor- terminate the right ofthe Contractor
to proceed under the agreement. or as to such pan or parts of the agreement for which there has
been a default. and may hold the Contractor liable tbr any damages caused to the City by reason
of such default and termination. In the event of such default and termination. anl completed
services performed by the Contractor under the agreement shall. at the option ofthe Citl become
the City's property and the Contractor shall be entitled to receive equitable compensation fbr any
r.l ork completeti to the satisfaction ofthe Cit1. 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
b-v- the Contractor. and the Cit)- may withhold anv 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. u'ithout cause.
SECTION 26 - INDEMNIFICATION AND H OLD HARMLESS PRO VISIONS
26.1 The selected Contractor shall. in addition to any other obligation to indemnifl the City and
to the fullest extent permitted by law. protect. defend. indemnify and hold harmless the City.
including its agents. elected officials and emplol ees from and against all claims. actions. liabilities.
losses (including economic losses). or costs arising out ol any actual or alleged:
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a. bodily injury, sickness, disease or death, or injury to or destruction oftangible 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 an1'actual or alleged
act or omission of the Contractor. an-vone directly or indirectly employed b1' an1' of
them, or anyone for whose acts any of them may be liable in the pertbrmance olthe
workl
b. any violation of law. statute. ordinance. governmental administrative order. rule.
regulation. or infringement of patent rights by Contractor in the performance of the
work;
c. liens. claims. actions made by the Contractor or other party performing the work: and
d. claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant Io 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 perlbrmance of services
under the Contract is deemed to be a "construction contract" pursuant to $725.06. Florida Statutes.
as it may be amended liom time to time, the lbllowing indemnification shall apply:
To the fullest extent permitted by Chapter 725. Florida Statutes. as it ma1' be
amended. the Contractor agrees to indemnity and hold harmless the Owner- its
oflicers. employees. and assigns f'rom liabilities, damages, losses, and costs
including. but not limited to reasonable attorney fees. to the extent caused by the
negligence. recklessness. or intentionally urongful misconduct ofthe Contractor
and persons emploled or utilized by the Contractor in the performance of the
provisions in the Contract Documents.
SECTION 27 - INSTiRA\CE REOUIRE\IENTS
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 ofthe
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 ol any
Subcontractor have been obtained and approved by the Risk Manager of the Citl'. In addition.
Contractor shall be responsible lbr 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 \\'arran* period. is
satisfactorilt- completed as evidenced b1 the fbrmal written acceptance b.v the Citl'. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse during
the period ol the Agreement. including any applicable warranty period. then in that event. the
Contractor shall f'urnish. at least thiq' (30) da)s prior to the expiration ol the date of such
insurance. a reneu,ed Certificate of Insurance as proofthat equal and like coverages for the balance
of the period of the Agreement, including any extension of it. and including any applicable
*,arranty period. is in ef-fect. 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
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WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE. SHALL
NOT BE GROUNDS FOR A TTME EXTENSION, AND WILL BE SUB.IECT 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
liabilitl- limits. as long as the Risk Manager of the Citl revieu's and approves in writing the
insurance limits on each ofthe 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 lbr anl modifications- deviations. or omissions in these insurance requirements.
CONTRACTOR shall be responsible lbr any deductible amounts.
27.,1 GENERAL LIABILITY INSURANCE is to include bodill" injury'. broad fbrm property
damage. products/completed operations. blanket contractual liability, and personal/advenising
injury with limits of no less than One Million Dollars ($1.000,000.00) per occurrence. and Tuo
Mill ion Dol lars (S1.000.000.00 l 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 lnsured":
c. Additional lnsured status is included for Products completed operations coverage for a
period ofno less than five (5) years following the completion ofthe Work or Project:
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(lSO) form CG 2037 (07 04);
e. Contractor's insurance shall be primary and non-contributory:
f. Waiver of Subrogation in favor of the Citv:
g. 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility lbr notification); and
h. Copy ofAdditional Insured Endorsement or other endorsements may be attached tothe
Certificate.
27.6 WORKERS' COMPENSATION INSURANCE must be provided fbr all persons fulfilling
this agreement *,hether 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
emplolees" of Contractor (as that phrase is deflned bl Chaptell4o- Florida Statutes). in
compliance *'ith the "Workers' Compensation Lau" of the State of Florida and all applicable
federal laws. lor the benefit of the Contractor, its employees. and Subcontractors.
27.7 In the case an) work is sublet as otherwise addressed in the Agreement or Bid Documents.
the Clontractor shall require any Subcontractors similarly to provide Workers' Compensation
lnsurance fbr all ofthe latter's employees. in addition to any coverage afforded by the Contractor.
b1 t'umishing Statutory Limits Part A. and no less than One Million Dollars ($1.000.000.00)
Employers' Liability Limits Part B.
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27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWINC:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORI(ERS' COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEI
LEASING ARRANGEMENT.
27.9 SPECIAL PROVISIONS AS TO WORKERS'COMPENSATION INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days' Notice of Cancellation or Modification to City (if not available on the
insurance policies. then Contractor has responsibility fbr notification): and
B) Waiver of Subrogation.
27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained u.ith combined single
limits of no less than One Million Dollars ($ I ,000.000.00). to include coverage for owned. hired.
and non-ouned vehicles.
27.11 SPECTAL 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 modiflcation to City (if not available on the
insurance policies. then Contractor has responsibilitl tbr notification): and
C) Waiver of Subrogation.
27.12 Proof of Insurance: The tbllowing are requirements that must be met regarding the
Bidder's delivery olCertificates of Insurance for all coverages required in the Agreement and Bid
I)ocuments:
27.12.1 "Preliminary" certificate means that cenificates of insurance verifying all general
insurance requirements (as noted belor') must be included rvith 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 Cir)' has the right to consider the submitted Bid as non-responsive on lhe date and time ol
the Bid opening. "Preliminary" Certificates may be issued without documentation of all"Special
Provisions". Hou,ever. Contractor does understand that all provisions- including "Special
Provisions" noted below are expected to be fully documented on or attached to the "Official"
Certificates ol Insurance as described below.
27.12.2 "Otticial" Certificates of Insurance must be delivered to the Citl Clerk's ofiice
and Risk Manager of the City. If the "Olficial" certificates are not delivered before or on the
fburteenth ( l,lth) Business Dal after the issuance by' the Citl 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 u'ith the next lo$'est responsive and responsible Bidder. "Special
l0
Provisions". as referenced below under each type of insurance requirement shall be f-ully
confirmed on or auached Io the "Official" certitlcates.
27.12.3 All Certificates of lnsurance must clearly identify the contract to which thel
pertain. including a brief description ofthe subject matter olthe contract. The certificates shall
contain a provision that coverage aflbrded under the policies will not be canceled until at least
thiq (30) days' prior written notice has been given to Cit)'. If this coverage is not provided. then
Contractor is responsible fbr such notice to City. lnsurance policies for required coverages shall
be issued by companies authorized to do business under the la*'s ofthe 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. ln 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 successf'ul Bidder shall be responsible tbr initiating. maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successf'ul Biddershall
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 Salety and Health Act of 1970 (OSHA). and its amendments.
28.2 Bidder, by submitting a bid, certilles that all materials and equipment to be supplied for
the Project w,ill meet all federal and state requirements. including but not limited to. the
Occupational Safety and Health Act (OSHA).
The Contractor shall warrant to the City that materials and equipment f'umished under the
agreement will be ofgood quality and neu'unless otherwise required or permitted by the Contract
Documents: that the Work will be free from def'ects. 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 def'ective. The Contractor's
warranty mav exclude damage or defect caused by abuse, modifications not executed by the
Contractor. improper or insufficient City maintenance. improper operation. or normal u'ear and
tear under normal usage. The Contractor shall furnish satisflctory evidence as to the kind and
qualitl of materials and equipment. All manufacturers' product uarranties shall be registered in
the City's name and fbr its sole benefit.
SECTION 30 - RESPONSIBLE BIDDER
No bid will be accepted from. nor u'ill any agreement be awarded to. an) 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 suret) or other$,ise upon any obligation to the Cit)'. *'ho is deemed irresponsible or
unreliable by the City, or who or which has been found guilty or convicted ofa Public Entity crime
in any federal or state trial court ofrecord.
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SECTION 29 - WARRANTY
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
SECTION 32 - CONTRACTOR'S FINANCIAL/EXPERIENCE R[,CORD
The City shall have the right to investigate the financial condition and experience record ofthe
Bidder. and determine to its satisfaction the competency ofthe Bidder to undertake the requested
services in the ITB.
The prefened method for invoices is to send via email to apf@daniabeachfl.eov. A copy may also
be mailed to City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
[ 00 West Dania Beach Boulevard
Dania Beach. Florida 3300,1
with a cop1, to
City of Dania Beach Parks and Recreation Department
Attn: Cassi Waren
100 West Dania Beach Boulevard
Dania Beach. Florida 13004
The City will pay to the Contractor lor the faithf'ul perfbrmance of the Contract. in lawf'ul money
of the United States. and subject to adjustments as provided in the Contract Documents. the
amounts equal to the sum ofthe 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 fbr each item olu,ork 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 lor work items will be used
fbr 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 3I. PROHII}ITION AGAINST CONSIDERING SOCIAL. POLITICAL OR
Bidders are herebl notified ofthe provisions ofsection 287.05701. Florida Statutes. as amended.
that the City w,ill not request documentation of or consider a Bidder's social. political. or
ideological interests *'hen determining if the Bidder is a responsible Bidder. Bidders are further
notified that the City's goveming body may not give preference to a Bidder based on the Bidder's
social. political. or ideological interests.
SECTION 33 - BILLING PROCEDURE
The Contractor may requisition payments fbr work completed during the project at intervals of
not more than once a month. The Contractor's requisition shall show a complete breakdown of
the project components. the quantities completed and the amount due. together with properly
executed Releases of Liens by all subcontractors. suppliers and materialmen who r.l ere included
in the Contractor's current and previous applications for payment and any other supporting
documentation as may be required by' the Cit] or Contract Documents. The Citl'shall make
pa)'ment to the Contractor within thirty (30) calendar days after approval of the Contractor's
requisition for palment.
Five percent (5%) of all monies earned by the Contractor shall be retained by the City. until the
work is totally completed as specified and accepted by the City.
The City may withhold in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
l. Defective work not remedied.
2. Claims filed or reasonable evidence indicating the probable filing of claims by other
parties against the Contractor.
3. Failure of the Contractor to make payment to subcontractors or suppliers for materials or
labor.
4. Damage to another Contractor not remedied.
5. Liability fbr liquidated damages that has been incurred by the Contractor.
6. Reasonable evidence that the work cannot be completed for the unpaid balance of the
Contract Sum.
7. Reasonable evidence that the work will not be completed within the Contract Time.
8. Persistent f'ailure to carry out the work in accordance with the Contract Documents.
When the above grounds are removed or resolved or the Contractor provides a surety bond or
consent of surety satisf'actory to the City. which w'ill protect the City in the amount withheld,
pa)ment ma1 be made in uhole or in part
SECTION 35 - BID PROTEST PROCEDLRE
35.1 After a Notice of lntent to Au'ard a contract is posted. any actual or prospective Bidder
claiming to be aggrieved in connection with the pending award ofthe Contract or an1 element of
the process leading to the a$'ard ofthe Contract may protest to the City Manager. A protest must
be filed b1 5:00 PM onthethird (3'd) Business Day after posting ofthe Notice of Award (excluding
the da). that the Notice is posted) or any right to protest is waived. The protest must be in writing.
must identib/ the name and address ofthe protester. and must include a flctual summary ol-. 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.
SECTI0N ]{- PRO(;RESS PA} \IENTS
35.2 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 retumed to the protester. lf 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
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shall be the one percent ( I %) of the amount of the pending award to the initial successful Bidder
or five thousand (55.000.00) dollars. whichever is less.
35.3 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
Committee determines that the pending award ofa contract or any element ofthe process leading
to the award involved a significant violation of la*. applicable rule or regulation. all steps
necessarJ,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.
35.4 ln the event of a timely protest, the City Manager shall stay the award of the Contract
unless. at'ter consulting with the City Attorney and a representative from the City's Department
for which the services are being obtained, the Cit) Manager determines that the au'ard of the
Contract without delay is necessary to protect the substantial interests ofthe City. The continuation
of the bid award process under these circumstances shall not preempt or otherwise affect the
protest.
SECTION 36. LITI(;ATIO\
36.1 ln addition to any other provision of this ITB. the Cit) may, in its absolute discretion.
reject a Bid if the Bidder, or any olficer 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 emplo)'ees in relation to any matter.
36.2 In determining whether or not to reject a Bid under this section. the Citl'u'ill consider
u.hether 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 au,arded to the Bidder.
36.3 A contract *'ith the successful Bidder u'ill include the follo*'ing
EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DI SPT]TES
AIiISI\G FRo\I. O R I)i ANY wAY CO:'INECTED WITH THIS AGREENIENT.
36.1 All claims, counterclaims, disputes and other matters in question between City and the
Contractor arising out ol'. relating to or pertaining to the Contract. the breach of it. the services of
it. or the standard of perfbrmance required in it. are to be addressed bl resort to non-binding
mediation as authorized under the lau,s and rules of Florida: provided. however. that in the event
of anl dispute between the parties. the parties agree to tlrst negotiate with each other tbr a
resolution ofthe matter or matters in dispute and, upon f'ailure o[such negotiations to resolve the
dispute. the parties shall resort to mediation. lf mediation is unsuccessf-ul. any such matter may
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COVERNING l,AW; CONSENT TO JURISDICITION. The law of the State of Florida
shall govern the contract. The contract is not subject to arbitration. THE PARTIES
THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A
MATERIAI, CONTRACT TERM.
be determined bl litigation in a coun of competent jurisdiction in Brox,ard County. Florida. or
the Federal District Court ofthe Southem District of Florida and appropriate appellate courts fbr
such venue and jurisdiction. If Ciry-' or Contractor incurs any expense in enforcing the terms of
the Contractor. w'hether suit is brought or not. each party shall bear its own costs and expenses
including. but not limited to. court costs and reasonable attome) fees.
37.1 Bid Opening and Evaluation: The City u'ill 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 tbr accuracy: prepare a tabulation of the bids showing the item details and total bid fbr all
responsible bids: check for conformance olall bids to the engineer's estimate: evaluate unbalanced
bid items: confirm the bid tabulations: and provide a recommendation for au'ard of bid or
recommendation tbr re-adl'ertisement- if appropriate. to the Cit-v Commission.
37.2 Rejection of Bids: The Ciq- mal reject bids in the follou'ing circumstances:
(a) where the low bid differs from the engineer's estimate b)'an unreasonable amount
(reasonable conformance pursuant to 23 CFR 635.1l4(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
oi the project.
37.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors
are not permitted during the advertisement, award. or execution period ofthe contracting process.
37.4 Contract Award and Execution: The City will enter into a contract with the lowest priced
and the most responsive and responsible bidder. lf 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 lo$.er priced most responsive and responsible bidder. and so on. until a
contract is executed.
All costs incurred in the preparation and presentation ofany Bid shall be w-holly absorbed by the
Bidder. All supporting documentation and manuals submitted with any Bid *'ill become the
propeny of the City of Dania Beach unless otherwise requested by the Bidder at the time of
submission.
38.1 ConeofSilence: Definitions: "Coneof Silence." as used inthisITB, means a prohibition
on any communication regarding a particular Request fbr Proposal ("RF'P''). Request fbr
Qualitication ("RFQ*) or Invitation to Bid ("lTB"). between:
SECTION J7. CONTRACT AWARD AND EXECLITION
The C ity is under no obligation to accept an)' 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.
SE,CTION J8 _ CONE OF SILENCE
a potential vendor, service provider, Bidder. bidder. Iobbyist. or consultant. and:
a Citl'Commission member. Citl's professional staff including. but not limited to.
the City Manager and her staff. or anl member of the City's Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement
of the ITB. At the time of imposition of the Cone of Silence. the City Manager or designee shall
provide for public notice of the Cone of Silence by' posting a notice at City Hall. The City
Manager shall issue a written notice as to the Cone of Silence to the atlected 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 ol 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
f unher review. the Cone olSilence 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 Committeel
c. Public presentations made to the City Commission members during any
dull noticed public meeting:
d. Communications in writing at any time with any City employee. unless
specifically prohibited by' the tTB. The Bidder shall file a copy of any
written communication with the Ciry Clerk. The City Clerk shall make
copies available to any person upon requestl
e. Communications regarding the ITB bett'een a potential vendor. service
provider. Bidder" lobbyist or consultant and the City's Procurement and
Contract Services Agent or City employee designated as responsible lbr
administering the procurement process for the ITB, provided the
communication is limited strictll"to matlers of process or procedure already
contained in the corresponding solicitation document:
f'. Communications with the City Attome), and his stafl:
g. Dul,v.. 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:
26
h. Any emergency procurement ofgoods or services pursuant to City Code:
i. Responses to the City's request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment
or perfbrm market research. provided all related communications bet*een
a potential vendor. service provider. Bidder, lobbyist. or consultant and any
member of the City's prof'essional staff including, but not limited to, the
City Manager and his statT are in writing or are made at a duly noticed
public meeting.
Penalties: Violation of this section b) a panicular Bidder shall render anl lTB auard or contract
to the Bidder voidable by the City Commission or City Manager. Any person u'ho 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 Cit1,Attomel for any questions conceming ''Cone of Silence" compliance.
39.1 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.
39.1.1 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 ofmaterials 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 ofway 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.
39.1.2 Site Restoration;
39.f.2.1 Contractor shall remove all excess material and shall clean up and
restore the site to its original condition or bener. All damage, as a result ofwork under this
Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters.
sidewalks. shrubbery. grass, trees. t'ences, 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 timell manner
as the work progresses. Site restoration work shall be completed on private property within
30 days after being disturbed.
27
SECTION 39. ADDITIONAL GENERAL CONDITIONS
39.1.3 Access:
As applicable. Contractor shall provide one Iane 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 ofthe working
day. Ifa drivervay is not accessible. homeowners should have access to a neighboring swale
area 1br temporary parking. When vehicular access to homes is not possible for parking of
vehicles, an area lbr parking shall be provided within one block of the lurthest home
aflfected. This condition is to be avoided whenever possible and not last more than three
(3) days. Vehicular access must be provided by the end ofeach 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 afTected
residents at least 48 hours in advance.
39-2 Date of Commencement and Substantial Completion: The Date of Commencement is
the date f'rom which the Contract Time is measured. and shall be the date set fbrth in the NOTICE
TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance ol
the NOTICE TO PROCEED. any such costs shall be incurred at the Contractor's risk, and the City
shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding
the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and
payment bonds and insurance, with submittal of invoices. in the event that City terminates this
Contract for convenience, as provided in the General Conditions. lf Contractor fails to commence
the Work w'ithin one (l ) *,eek of the date set forth in the NOTICE TO PROCEED, City may
terminate the Contract immediately. without providing an opportunity to cure.
The Contractor shall achieve Substantial Completion not later than one hundred twenty
( 120) calendar days and Final Completion ofthe entire Work not later than one hundred fifty ( 150)
calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued
by the City. subject to adjustments ofthis Contract Time as provided in the Contract Documents.
BIDDER QUALIFICATIO]IS
The Bidder, as a result of this Bid, MUST hold a counlr- or municipal business tax receipt in its
area olits fixed business location. The following information MUST be completed and submifted with
the Bid to be considered:
l. Legal Narne and Address:
Name:
City, State, Zip Telephone,f ax:
2. Specifl type ofentity Check One: Corporation ( ) Partnership ( ) lndividual ( )
fther ( ) SPECIFY
3. IfCorporation. state:
Date oflncorporation State in which Incorporated
Date Elected
6. The length oftime in business:ears
7. The length oftime (continuous) in business in Florida:years
29
EXHIBIT "A'
rrB No.2,l-018
Address:
4. If ar out-of-state Corporation or entif.v-, must be currently authorized to do business in Florida by
the Office ofthe Florida Secretarv of State:
5. Name and Title of Principal Officers
8. Provide alist ofal Ieast five commercial or govemment ret'erences that the successful Bidder
has supplied service/commodities meeting the requirements of the City olDania Beach
specifications, within the last five (5) years (see attached).
9. A copy of a county or municipal Business Tax Receipt-
IO. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Project Tide Proiect Titlc
Address Address
Ouner Ol ner
Owner's Telephone Number Owner's Telephone Number
Contract Value C()ntract Value
Percent Complete Completion Date Percent Complete Completion Date
Project Title Project Title
Address Address
Owner O*'ner
Owner's Telephone Number Owner's Telephone Number
('ontract Value Contract Value
Percent Complete Completion f)ate Percent Complete Completion Date
t0
Pro.iect Title Project Title
Addres s Address
Or.l'ner Ollner
Ou ner's Telephone Number Or.vner's Telephone Number
C0ntract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owne r's Telephone Number
Contract Valuc Conlract Value
Percent Complete Completion Date Percent Complete Completion Date
Pro.iect Title Project Title
Address Address
I
O*nerOwner
Owner's Telephone Number Owner's Telephone Number
Contract Value
Percent Complete Completion Date Percent Complete Completion Date
ll Have you ever failed to complete any work awarded to you?
Yes No Ifyes- attach a separate sheet ofexplanation.
12. Within the last five years, has any officer or partner ofyour organization ever been an
of'ficer or partner of another organization that failed to complete an Agreement?
Yes No lfyes. attach a separate sheet ofexplanation.
ll Within the last five years. have you ever had a performance, payment or bid bond called?
Yes No lfyes- attach a separate sheet ofexplanation.
14. Have you. any officer or partner ofyour organization, or the organization been involved
in any litigation or arbitration against the Ciry"?
Yes No lfyes, aftach a separate sheet ofexplanation.
15. Within the lasl five years. have 1'ou- anv officer or partner ofyour 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 If1es. attach a separate sheet ofexplanation.
16. Within the last five years. have you. any officer or partner ofyour organization. or the
organization or parent compan)'or its subsidiaries been involved in anl litigation or arbitration
against any private entity for an amount greater than S100,000?
Yes No Ifyes. attach a separate sheet ofexplanation.
17. Has your organization or any of its partners. oflicers. or kel personnel. or its subsidiaries
or parent company been charged or indicted for any criminal activity within the last tive years'?
Yes No lfyes. attach a separate sheet ofexplanation.
18. Has your organization or any of its partners. ofTicers. or key personnel, or its subsidiaries
or parent company been convicted or fined for any criminal activity within the last flve vears'l
Yes No lfyes, attach a separate sheet ofexplanation.
19. Within the last five years. have you- any officer or partner ofyour organization. or the
organization been investigated by any local. state. or federal law enforcement agencl. criminal
justice agency or inspector general of'fice?
Yes No lfyes, attach a separate sheet ofexplanation.
Contract Value
l2
20. Within the last five years, have you, any officer or partner ofyour 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 tbr
any governmental entity?
Yes No Ifyes. attach a separate sheet ofexplanation.
Zl. Within the last live years, have there been anv reports or audits relating to )'ou, an)
officer or partner ofyour organization. or the organization issued by any local, state, or federal
law enfbrcement agency. criminaljustice agency or inspector general office.
Yes No If-ves. attach a separate sheet ofexplanation.
22. Within the last five years. have you. any officer or partner ofyour organization, or the
organization tailed to disclose or made misrepresentations to any govemmental entity regarding
conflicts ol interest or potential or apparent conflicts of interest.
Yes No lfyes, attach a separate sheet ofexplanation
Note: Inlbrmation rcqucsted in thc ITB and suhmitted b)., the Bidders will be analyzcd bl the Cit.'- of Dania llench and t\ill be a
factor considered in a\larding an1 rcsulting conlracl- fhe purFnse is to insure thal thc successful Ilidders in the solc opinion ol-the
Ciq o l l )ania Beach can sumc icntl) and e llic icntll perform all the requircd s€n iccs in a timel] irnd satisfactor) marurer :s rvi ll be
required by the subject conlract. lftherc are any terms or conditions that arc in conflict. the mosl sringent requirement shall apply.
END OF BIDDER QUALIFICATIONS
EXHIBIT *8"
BID FORM
ITB 24-018
*MULLIKIN PARK IMPROVEM ENTS"
Bid Form is posted on City Webpage and DemandStar
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner. or an1' other party shall be considered plural
where applicable.
CONTRACTOR (name and address):SIIRETY
business):
(name and principal place of
OWNER:
Cit-v of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach. Florida 33004
CONSTRUCTION CONTRACT
Date:
Amount:
Date:
Amount:
Description
(name and location):The Project consists of the various improvements and updates to Mullikin
Park.
City Bid No. 24-018
EXHIBIT *C"
BOND
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
None _ See Page(s) _
SURETY
(Corporate Seal)
Signature Signature
Name Name
Title TitIC
(Ani, additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone
2
1. DEFINITIONS
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under the Construction Contract after all proper adjustments have been
made including allowance to the Contractor of any amounts received or to be
received by the Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled. reduced by all valid and proper payments made to
or on behalf of the Contractor under the Construction Contract.
(C) Contractor Default: Failure of the Contractor. which failure has neither been
remedied nor waived, to perfbrm 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.
The Contractor and the Suretl',jointly and severally bind themselves, their heirs. executors,
administrators. successors and assigns to the Owner for the pertbrmance of the
Construction Contract, which is incorporated into this document b1'this reference.
lf the Contractor performs the Construction Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to participate in conferences.
4. lfthere 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 amange a conference with the
Contractor and the Surety to be held not later than fifteen (15) calendar days alier
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 perfom 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 lbrmally 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
3
(B) Construction Contract: The agreement between the Owner and the Contractor
identified on the signature page. including all Contract Documents and changes to
them.
5
(C) The Owner has agreed to pay the Balance of the Contract Price to the Surety in
accordance with the terms ofthe Construction Contract or to a Contractor selected
to perform the Construction Contract in accordance with the terms of the Contract
with the Owner.
When the Owner has satisfied the conditions ofparagraph 4, the Surety shall promptly and
at the Surety's expense take one ofthe follor.r'ing actions:
(A) Arrange for the Contractor, with consent ofthe 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 liom qualitied Contractors acceptable to the Ou'ner
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 concurence, to be secured with performance and
payment bonds executed by a qualified Surety equivalent to the bonds issued on
the Conskuction 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
pavment therefor to the Owner; or
Deny liability in whole or in part and notify the Owner citing reasons
therefor.
If the Surety does not proceed as provided in paragraph four (4) with reasonable
promptness, the Surety shall be deemed to be in delault on this Bond fifteen (15) calendar
days after receipt ofan 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 Ow-ner. [f the Surety proceeds. on in part, without
further notice. the Owner shall be entitled to enfbrce anv remedv available to the Orl'ner.
After the Owner has terminated the Contractor's right to complete the Construction
Contract. and ilthe Suret) elects to act, then the responsibilities ofthe Surety to the O[ner
shall not be greater than those ol the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the O*ner
under the Construction Contract. To the limit ofthe amount of this Bond- but subject to
6
7
L
2.
8
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 ofthe 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
The Surety shall not be liable to the Owner or others 1br obligations ofthe Contractor that
are unrelated to the Construction Contract. and the Balance ofthe Contract Price shall not
be reduced or set otf on account ofany such unrelated obligations. No right olaction shall
accrue on this Bond to any person or entity other than the Owner or its heirs, executors.
administrators or successors.
The Surety waives notice of any change. including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
9
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 satislaction ofthe 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 $ I 00 per calendar day,
as set forth in 23 CFR 635.127.lbr 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 ofthe 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 tbr liquidated damages is
not punitive, and is intended to compensate the Citi, tbr difficult to quantify losses.
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 ofthe work is located and
shall be instituted u.ithin two years after Contractor Default or within two (2) years after
the Contractor ceased r.vorking or within t\\,o 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.
Notice to the Suretv, the Owner or the Contractor shall be mailed or delivered to the address
shown on the first page of this document.
When this Bond has been fumished to comply r.vith a statutory or other legal requirement
in the location where the construction $,as 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;
ll.
12.
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
Signature
Title
SURETY
(Corporate Seal)
Signature
Name
Title
Dated:
END OF PERFORMANCE BOND
20
Name
EXHIBIT "D"
Any singular reference to Contractor, Sureq/, Owner or any other party shall be considered plural
where applicable.
CONTRACTOR (name and address):SURETY
business):
(name and principal place ol
OWNER:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Project Name: MULLIKIN PARK IMPROVEMENTS
City's Bid No.: 24-018
Date: Amount:
The Project consists ofthe various improvements and updates to Mullikin Park.
BOND
Date (not earlier than
Construction Contract
Date ):
Amount:
Modifications to this Bond: None _
CONTRACTOR AS PRINCIPAL
(Corporate Seal)
Signature Signature
PAYMENT BOND
See Page(s) _
SURETY
(Corporate Seal)
Name Name
Title Title
(Any additional signatures please include at the end olpage 5)
FLORIDA RESIDENT AGENT
Address
Facsimile
Telephone
l
DEFINITIONS(A) Claimant: An individual or entit) having a direct Contract with the Contractor or
$'ith a Subcontractor ofthe Contractor to furnish labor. materials or equipment for
use in the performance ofthe Contract. The intent of this Bond shall be to include
without Iimitation in the terms "labor. materials or equipment" that part of water.
gas. power. light, heat. oil, gasoline, telephone service or rental equipment used in
Ihe Construction Contract, architectural and engineering services required for
perlbrmance oflhe r.r ork ofthe Contractor and the Contractor's Subcontractors. and
all other items for which a mechanic's lien may be asserted in the.iurisdiction where
the labor. materials or equipment were f-umished.(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
u'aived. to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of the Contract.
The Contractor and the Surety. jointl,v- and severally bind themselves. their heirs. executors.
administrators. successors and assigns to the Owner to pay for labor. materials and
equipment lumished for use in the perfbrmance of the Construction Contract. which is
incorporated into this document by this ref'erence.
With respect to the Owner. this obligation shall be null and void if the Contractor:(A) Promptll makes payment. directly or indirectly,. for all sums due Claimants. and(B) Defends. indemnifies and holds harmless the Ow,ner. its elected oflcials.
employees. agents and Consultant fiom claims, demands. liens or suits by any
person or entitv whose claim. demand. lien or suit is for the payment for labor.
materials or equipment t'umished for use in the perfbrmance of the Work, pursuant
to the Construction Contract. provided the Owner has promptly notified the
Contractor and the Sureq (at the address described in paragraph I 2) of an1 claims.
demands. liens or suits and tendered defense ofsuch claims. demands, liens or suits
to the Contractor and the Suretl', and provided there is no Owner Defhult.
With respect to Claimants, this obligation shall be null and void if the Contractor promptly
makes pavment. directly or indirectly. for all sums due.
The Suretl shall have no obligation to Claimants under this Bond until:(A) Claimants rllho are employed b1' or have a direct Contract with the Clontractor have
given notice to the Surety (at the address described in paragraph I 3 ) and sent a copy
ofthe 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:
l. Have lumished w'ritten notice to the Contractor and sent a copv. or notice
of it. to the Or.r'ner. w.ithin ninety (90) days after having last pertbrmed labor
or last lumished materials or equipment included in the claim stating. with
substantial accuracy, the amount of the claim and the name ofthe par-ty to
whom the materials were fumished or supplied or for whom the labor was
done or perfbrmed: and
J
4
5
l.
7
2. Have either received a rejection in whole or in pan from the Contractor, or
not received within thirtv (30) days of fumishing 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 wriften
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 ofthe previous written notice fumished to
the Contractor.
If a notice required by paragraph four (4) is given by the Owner to the Contractor, or to the
Surety. that is sufficient compliance.
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 ofthe claim. stating the amounts that are undisputed and the basis
fbr challenging any amounls that are disputed.
(B) Pay or anange for payment ofany undisputed amounts.
The Surety's total obligation shall not exceed the amount of this Bond. and the amount ol
this Bond shall be credited lbr any payments made in good faith by the Surety.
Amounts owed by the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisly claims, if any, under any
Construction Performance Bond. By the Contractor fumishing and the Owner accepting
this Bond. they agree that all funds eamed by the Contractor in the perlbrmance of the
Construction Contract are dedicated to satisll obligations of the Contractor and the Surety
under this Bond, subject to the Owner's prioritv to use the funds for the completion of the
work.
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
fbr payment of any costs or expenses of any Claimant under this Bond. and shall have
underthis Bond no obligations to make payments to, give notices on behalfof- or otherw-ise
have obligations to Claimants under this Bond.
The Surety waives notice ol any change. including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
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 ofthe work is located. or
after the expiration ofone (l) year from the date: 1) on which the Claimant gave the
required notice; or 2) on u,hich the last labor or service was performed by anyone or the
last materials or equipment were fumished by anyone under the Construction Contract.
whichever of one (1) or two (2) first occurs. Ifthe provisions ofthis paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in
the jurisdiction ofthe suit shall be applicable.
Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
sholl' on the signature page. Actual receipt of notice b)' Surety, the Owner or the
Contractor, however accomplished, shall be sulficient compliance as ofthe date received
at the address shown on the signature page.
8
9
ll.
12.
10.
l3
6.
t4
15.
When this Bond has been fumished to comply' with a statutory or other legal requirement
in the location where the construction was to be performed, any provision in this Bond
conllicting 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.
Upon request by any person or entity appearing to be a potential beneficiary of this Bond.
the Contractor shall promptly fumish a copy of this Bond or shall permit a copy to be made.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided belorv for additional signatures ofadded parties, other than those appearing on the cover page.)
CONTRACTORASPRINCIPAL SURETY
(Corporate Seal) (Corporate Sea[)
Signature
Name Name
Title
20
END OF PAYMENT BOND
Signature
Title
Dated: _,
2
EXHIBIT "E"
BIDDER'S OUESTIONNAIRE
The undersigned guarantees the truth and accuracy ofall statements and ans*ers contained belolv:
l. How many years has your organization been in business?
List below- (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organizations, govemmental, private or both located in Broward. Miami-Dade
or Palm Beach Counties, tbr which you are now. or have within the past five (5) years,
provided services similar to that called for in the Invitation to Bid.
List below (or on an attached sheet, if necessary) all pertinent infbrmation and data that
would indicate the ability of your organization and management personnel to perform
satisfactorily.
4. Have you personally completed a plan for perfotmance of the work?
5. Have you ever failed to complete work all'arded to you'l If so. when, where and why?
6. What equipment do you own that is available for work?
Has your company ever been debared or held in default in Broward. Miami-Dade, or Palm
Beach Counties or elsewhere by any other govemmental
entitv?
How many employees (Contractors only) will be assigned to perfbrm the
services?
7
8
9. How many supervisors will be assigned to perform the services?
l0
If so, how much notice is required?
12. What equipment do you own that is available to complete the Project?
ll.
Please attach copies ofany 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
Will personnel be part of a regular crew assigned to perform the services?
Yes_ No
Will you be able to provide service for emergency situations? Yes_ No-
Sworn Statement Under Section 8287.133 (3Xa). Florida Statutes on Public
(Th is form must be signed in the presence ol a Notary Public or other olficer authorized to
administer oaths.)
I . This swom statement is submitted with Invitation to Bid No. 24-01 I
This swom statement is submitted bv:
its business address is:
(name ofentitv submitting swom statement)
Federal ldenti flcation Number
(FEIN) is:
(i1-applicable )
Social Securitv Number:
(il-lhc entit) has no FEIN, includc thc Social Sccuril) Number
ol the indiridual signing this s$onr stucment)
3. Mv name is:
+
(PRINT NAME ofindividual signing this document)
and my relationship to the entity is:
(President, General Partner. etc. as applicable)
I understand that a "public enlity crime" as defined in Section 287.133(l)(g). Florida
Statutes. means a violation ol any state or fbderal law by a person with respect to and
directly related to the transaction of business with any public entitl, or u,ith an agency or
political subdivision ofany other state or with the United States. including. but not limited
to. anv bid or contract for goods or services to be provided to anl public entitl or an agencl,
or political subdivision of anv other state or of the United States and involving anritrust.
tiaud. thel't. bribery. collusion. racketeering. conspiracy. or material m isrepresentation.
5 I understand that "convicted" or "conviction" as defined in Section 287. I 33( I )(b), Florida
Statutes, means a tinding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt. in any lederal or state trial court of record relating to charges
brought by indictment or information afier July l. 1989, as a result ofajury verdict. non-
jury trial. or entry ofa plea of guiltl or nolo contendere (also known as "No Contest").
6. I understand that an "affiliate" as defined in Section 287.1 33( I )(a). Florida Starutes. means
EXHIBIT ..F"
2.
Entitv Crimes
7
(a) A predecessor or successor ofa person or a corporation convicted ofa public entity
cnme: ot
I understand that a "person" as defined in Section 287.133(l)(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 oflicers. directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on infomation and beliet the statement which that I have marked below is true in
relation to the entity submitting this swom statement. (Please indicate which statement
applies):
_ Neither the entity submitting the swom statement, nor any ofEcers, directors,
executives. partners, shareholders, employees. members or agents who are active in
management of the entity nor any aifiliate of the entity have been charged with and
convicted ofa public entity crime subsequent to July 1, 1989.
_ The entity submitting this swom statemenl. or one or more of the officers, directors,
executives, partners, shareholders. employees, members or agents who are active in
management ofthe entity or an affiliate ofthe entity has been charged with and convicted
of a public entity crime subsequent to July I , 1 989 and
8.
(b) An entity under the control ofany natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"afhliate" includes those offlcers. directors, executives. partners. shareholders.
employees, members. and agents who are active in the management of an affiliate.
The ownership by one person olshares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for lair
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 ajoint venture
with a person who has been convicted ofa public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
(Please now indicate which additional statement below applies):
-
There has been a proceeding conceming the conviction before a hearing
officer ofthe State ofFlorida, Division ol Administrative Hearings. The flnal order
entered b.v 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 af-filiate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer ofthe State ofFlorida. Division of
Administrative Hearings. The final order entered by the hearing olficer determined
that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy ofthe 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
first appears above)
STATE OF FLORIDA
COUNTY OF
Swom to and subscribed befbrE me on
AS
a
of
corporatiorrpartnership, on behalf of
20 ,by
the corporation/partnership who (check one) [ ] is personally knowrl to me or [ ] has produced
as identification.
Signature of Notary Public
PRINTED Name olNotary
Date
)
)
My commission expires:
EXHIBIT "G"
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: MULLIKIN PARK IMPROVEMENTS
Citv's Invitation to Bid No.: 24-018
Name of Bidder
SIGNATURE of Bidder or Authorized
Agent of Bidder
PRINT Name of Bidder or Authorized
Agent of Bidder
20
Date
STATE OF FLORIDA
COLTNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared tr
physical presenceor E online notarizaron, on tls of an organization
autho zed to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper oflicial of
for the use and purposes mentioned in it and aIfixed *re oflicial seal ofthe entity. and that ttte insfument is
the act and deed ofthat enti6/. He/she is penonally known to me or has produced as identification
Signature of Notary Public
PRINTED Name of Notarv
SS
)
)
)
NON-COLLUSION AFFIDAVIT
Title
My commission expires:
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
lam
submitted the attached Bid:
Except as set fbrth below, I hereby cerlify to the best ofmy knowledge that neither I nor any ofthose persons
residing in my household have received any promise ofcompensation, 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 altemate member of the Selection Committee during the period of the Agreement.
I set lbrth below any exceptions to the afbrementioned (ifnone, write "None"):
of
Print Name
EXHIBIT *H"
. the Bidder that has
I hereby cenifl-to the best ofmy knowledge that neither I nor any ofthose persons residing in my household
have or have had during the past five years, any relationships (prol'essional, flnancial, familial or otherwise)
with the Cit), (or any of its districts). its elected or appointed ot'ficials, its employees or agents. or any member
or altemate 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. Relationshio includes
having a prior or current contract with the Citv.
Signature (BJue ink only)
Title
Date
STATE OF FLORIDA
COUNTY OF
BEFORE ME, an officer duly authorized bv law to administ oaths and take acknowledglents, personally appeared tr physical
presence or E online notarization, on as of an organrzatlon
the act and deed ofthat entity. He/she is personally known to me or has produced
Notary Public
PRINT Namc ol Notary Public
My commission expires
EXHIBIT H _ (CONTINUED)
autho zed to do business in the Siate of Florida" and acknowledged and executed the foregoing statement as the proper official of
for the use and puposes mentioned in it and affixed dre official seal ofthe entity, and that the instument is
as identification.
EXHIBIT *I"
REFERENCES
Bidder shall provide a minimum ofthree 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:
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Princ ipa I contact person(s):
EXHIBIT *J''
BIDDER
\ame
Address
FLORIDA RESIDENT AGENT
SURETY
\anrc
Address
OWNER
City of Dania Beach. Florida
I 00 West Dania Beach Boulevard
Dania Beach. Florida 33004
Telephone: (954) 924-6800
Facsimile: (954) 921-2604
Name
Address
Phone Fax
$
Bid Due Date Bond Number Bond Date Penal Sum
IN WITNESS OF THE FOREGOING. Surety and Bidder. intending to be legall)- bound. subject
to the terms included in this section. do each cause this Bid Bond to be duly executed on its behall bv its
respective. authorized oflicer, agent, or representative.
IDENTITY OF BIDDER IDENTITY OF SURETY
(Attach Po*'er of Attorne) )
Corporate Name and Seal
(or other Full Legal Name)
('orporate Name and Seal
(or other Full Legal Name)
Signature
Printed Name and Title
Signature
P nted Name and Title
Aftest
Anest Attest
BID BOND
PROJECT: MULLIKIN PARK IMPROVEMENTS
ITB No. 2{-018
2
The above addresses shall be used for giving of required notices. Any singular reterence to Bidder.
Surety. Florida Resident Agent. Owner or other parr.v- shall be considered a plural rvhereapplicable.
Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to pay to Citv upon default of Bidder, the penal sum set forth on the t'ace
ofthis Bond. In no event shall Bidder's and Surety's obligation exceed the penal sum set lorth on
the t'ace of this Bond.
Defautt 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 e\ecuted Agreement. Insurance Agent Statement. all cenificates of insurance, and any
Performance and Payment Bonds.
3. This obligation shall be null and void il':
3.1 City accepts Bidder's bid and Bidder delivers rvithin the time required by the bidding
and contract documents (or any extension of time agreed to in writing by Cit-v) the
executed Agreement. the Insurance Agent Statement. and the Performance and Paymenl
Bonds. or
AII bids are rejected by Ciry. or
City iails 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 Surer,!.-' when required b1" paragraph tive (5)belorv).
Payment under the Bid Securitv Bond will be due and payable upon default by Bidder and rvithin
thirt) (30) calendar days after receipt by Bidder. and Suret) of written notice of delault trom
City's City Clerk. which notice will be given with reasonable promptness. identirying the Bid;
Securitl- Bond and the Project. including a statement oflhe amount due.
Surety waives notice ol an) and all def'enses based on. or arising out of. any time extension to
issue a Notice of Award agreed to in rvriting by City and Bidder. provided that the total time for
issuing the Notice ofAward. including extensions shall not in the aggregate exceed One Hundred
Twent_v ( 120) days from the ITB due date without Suret)''s written consent.
No suit or action shall be commenced under this Bond prior to thirt-v (30) calendar days after the
notice of default required in paragraph lbur (-1) above is received b-"" Bid and Suretl. and in no
case later than one (1) year after bid due date.
An1, suit or action under this Bond shall be commenced only in a Florida court of competent
jurisdiction. Anv 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 sho$n on the face of this Bond. Such notices may be sent b)" personal
delivery. commercial courier or by United States Registered or Certilied Mail. retum receipt
requested. postage pre-paid, and shall be deemed to be ettective upon receipt by the paqv
concemed.
Suret-v shall cause to be aftached to this Bond a current and el'fective Power of Attomev
evidencing the authority ofthe officer, agent or representative who executed this Bond on behalf
3l
3J
.l
)
6
7
8
I
l.
10.
of Surety to execute, seal and deliver such Bond and bind the Surety.
This Bond is intended to conlorm to all applicable statutory requirements. Any applicable
requirement ol 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 contlicts with any
applicable statute. then the provision ofsuch statute shall govem and the remainder ofthis Bond
that is not in conflict shall continue in tull force and effect.
BID SECURITY
ATTACH BID BOND HERE
EXHIBIT'K"
EXHIBIT *L'
ACKNOWLEDGMENT OF ADDENDA
The Bidder acknowledges the receipt ofthe following addenda issued by the City and incorporated
into and made part ofthe 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 ack;rowledgment ofreceipt of
all addenda. *'hether or not received by the Bidder.
ADDENDUM
NUMBER
DATE
RECEIVED
PRTNT NAM F]TITLE SIGNATURE
(BLUE INK ONLY)
CERTIFICATION TO ACCURACY OF BID
The Bidder. by executing this form, certilles and attests that all forms. atldavits 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 ol such forms. aflldavits 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
ofthe ITB and the expected Agreement and the quality and quantity of services to be performed.
The undersigned individual, being duly' svvom. deposes and says that:
A. He/She is of
. the Bidder that has submitted the attached Bidl
He/She is fully informed respecting the preparation and contents olthe attached Bid
and ofall forms, affidavits and documents submitted in support olsuch Bid:
All forms. afldavits and documents submitted in support of this Bid and included in
this Bid are true and accurate:
No information rhat should have been included in such forms, atfldavits and documents
has been omitted: and
No information that is included in such forms. affidavits or documents is talse or
misleading.
B
('
t)
E
EXHIBIT *M''
CERTIFICATION TO ACCURACY OF BID
(continued)
Signature ( BIue ink only)
Print Name
Title
Date
STATE OF FLORIDA
COL]NTY OF
BEI-'ORE ME. an officer duly authorized by law to administer oaths and take
acknouledgments- personallv appeared tr physical presence or n online notarization. on
Its of an orsanization
authorized to do business in the State ofFlorida, and acknowledged and executed the foregoing
statement as the proper otficial of
-
for the use and purposes
mentioned in it and affixed the official seal ofthe entity. and that the instrument is the act and
deed ofthat entity. He/she is personally known to me or has produced
as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT *M"
DRUG-FREE W RKPLACE CERTIFICATION FORM
Whenever two (2 ) or more bids/Bids, rvhich are equal with respect to price, quality. and service. are
received b1'the CITY OF DANIA BEACH lor the procurement of commodities or contractual services-
a bid/Bid received from a business that certifies that it has implemented a drug-llee workplace program
shall be given preference in the award process. In order to have a drug-free workplace program, a
business shall:
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 ma-"- be imposed upon employees tbr 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( I ).
-1. [n the statement specified in number (l). notily the employees that asacondition for working
on the commodities or contractual services that are under bid. the employee will abide by the
terms of the stalement and will noti! the employer of any conviction on or plea of guilq" 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 occuring in the workplace no later than
five {5 ) da1 s after such conviction.
5. tmpose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitalion program if such is available in the employee's community by any employee who
is so convicted.
6. Make a good laith effort to continue to maintain a drug-fiee workplace through implementation
of Section 287.087- Florida Statutes.
This Certification is submined by he--
f Prurlr r,lrr".r nl.rtfr*lz"a lg"r,rf
of
( I[le) (Brdder Name)
who does cefiiry that said Company has implemented a drug-free workplace program. which meets the
requirements ofSection 287.087, Florida Statutes, which are identifled in numbers (1) through (6)above.
SIGNATURE DATE
EXHIBIT *N"
1 . Publish a statement notirying employees that the unlawful manufacture. distribution. dispensing.
possession or use of controlled substances is prohibited in the workplace and speciling the
actions thal will be taken against employees for violations of such prohibition.
AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKIN c
ln accordance with section 787.06 ( ll), Florida Statutes. the undersigned, on behalf of the entitl
listed below ("Entity"). hereby attests under penalty of perjury that:
L Entit)' does not use coercion for labor or services as defined in Section 787.06. Florida
Statutes, entitled "Human Traffi cking".
The undersigned is authorized to execute this affidavit on behalf of Entity
Datc:20 Signed:
Entity,Name
Title:
EXHIBIT.'O"
LAWS
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Asreement is entered into betueen the Parties named belou.ursuant to Section I15.971 . Florida Statures
Agreement Number:
A3018
2. Panies State of Florida Departruent of En\'ironmental Protection.
J900 Common*ealth Boulel ard
Tallahassee. Florida 12399-.1000
(Department)
Grantee Name: Ci{v of Dania Beach
Grantee Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 3300,1
Fntirv TvDe:' '' a local Eov€rnment
FEID: 594000302
(Grantee)
3. Agreement Begin l)ate
upon execution
Date ofExpiration
June 30,2025
.1. Project Number: A23018
tll dtlcrcnt fio .lsrcement \unbert
Proiect Description: phyground (rcnv), Basketbrll Court (renv), Picnic (renv), Erercise Stations/uquipment (ncw), walking'I rril
(nen), Lighting (renv), Iencing(renv), Landscsping (renv)
5. Total Amount of Funding
$200.000.00
Total Amount of Funding + Grantee Match. if an-!-,st00.000.00
Project Location(s): ros\+ tn aoun.Da.i.B.rch. !l..ilootrBr.s:rd ( ou.i!l
.-\mountAward *s or Line ltem A atronsFunding Source'l
7 Stare IFederal
IO r Source 5
$200.000.00
,l State f Federal
Z Grantee Nlatch
6. Department's Granl Manager
Name: Angela Bright
Grantee's Grant \lanager
Namei Eric Brown. Parks and Recreation Director
or successor
95,r-92,t-6800
ebrown'a tlaniabeachfl .gor
or succe5sor
Address: 3900 (-ommorwealth Bly4.
\IS #585
Tallahassee. FL 32399
,\ddrcss: 100 1\'. Dania Beach Bouleiard
Dania Berch. Florida J300J
Phone
Email
Phone
Email
850-2{5-2501
angr e.bright@noridadep.gov
7. The Panies agree to compl-v with the terms and conditions of the follorving attachments and exhibits uhich are hereby-
tnca)rated reference
U -{ttachment l: Standard Terms and Conditions Applicable to All Grants Agreements
Z .{ttachment 2 S ecial Terms and Conditions
7 {ttachment.l: Granl \\'ork PIan
Z Attachment.l: Public Records Re ulrements
M Attachment 5: Special ,q.udit Requirements
Z Attachment 6: Program-S ific Requirements
f -{ttachment 7 Grant Auard Terms (Federal) *copy a\arlable at h@s/&E!!.!d&-s98. m accordance *lth S: I5 985. F S
a -{nachment 8: Federal Re ulations end Terms (ltcderalt
I Additional Attachments (if necessary)
Z Exhibit A: Progress Report Form
n Exhibit B: Prope mRe 1n Form
Z E\hibit C: Pavment Re uest Sunrn)ary Form
tr Exhibit D: Quality Assurance Requirements for Crants
I Exhibit E: ,\dvance Payment Terms and Interest Earned Memo
- \dditional Erhihits {ifnecessan )
DEP Agrocmcnt Ns. A3018 R* 6121),18
l. Project Title (Project)i
\lullikin Park
8. The follouing information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(aXl)
Federal Award Identilication Number(s) (FAIN)
Federal Arvard Date to Depanment
Total Federal Funds Obligated by this Agreement
Federal Awarding Agency:
{*ard R&D]f Yes \{
lN \1 l'IN aSS \l H EREOF, this Agreement shall be effertive on the date indicated b-l.' the -{greement Begin Date above or the
last date signed below, whichever is later.
Citl of Dania Beach CRA\TEE
Grantee Name
Eric Brown 08/17 /2022B1
(.Iuthorized Signat re.)
Erir Brown Parks and Recreation Director
Date Signed
Print \amc and Title of Person Sip.nins
State of Florida DGprrtmcnt of Environmental Protection DT]PART}IE\T
B,"-
Secr€tary or lgnee
tr(ara Gambineri, Deputy Secretary
8t30t2022
Date Signed
Print Name and Titlc ofPerson Signing
- .\dditional signatures atlached on separate page
DEP Agreement No. A-1018
Rc!.6/10,18
ST{TE O1' FLORID.\
DEPART]\IE\T OF E\\'IRO}-}IE-\TAL PROTECTIO\
STANDARD TER}IS AND CONDITIONS
.{PPLICABt,E TO GRANT AGREE\IENTS
ATT.\('II\IE\T I
l. Entire Agreement.
This Crant Agreement. including an) Aftachments and Exhibits referred to herein andi or attached hereto (-{greement),
constitutes the entire agreement bet\.!een the parties with respect to the subject mafter hereofand supersedes all prior
agreements, whether $riften or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant.{dministration.
a. Order of Precedence. lf there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation ofthe Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other rhan Aftachment l. in numerical order as designated in the Standard Grant
Agreement
iii. Anachment 1. Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal. and other wrifien commu[ication among the parties, including all notices. shall
be obtained by or sent to the parties'Grant Managers. All r,vritten communication shall be by electronic mail,
U.S. Mail. a courier deliverl service. or delivered in person. Notices shall be considered delivered when reflected
by. an electronic mail read receipt. a courier sen ice delivery receipt. other mail service delivery receipt or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delir ered at the earliesl delivery time.
c. lf a different Grant Manager is designated bl either pan,'- after execution of this Agreement. notice of the name
and contact inlbrmation ofthe new Grant Manager will be submitted in writing to the other par! and maintained
in the respective parties' records. A change of Crant Manager does not require a formal amendment or change
order to the Agreement.
d. This -\greement ma1. be amended. through a formal amendment or a change order. only b1' a rvritten agreement
benveen both parties. A formal amendment to this Agreement is required for changes uhich cause any of the
following:
( 1) an increase or decrease in the Agreement funding amount:
{: } a chantse in Cranlee s match requirements:
(3) a change in the expiration date ofthe Agreement; and,/or
(,1) changes to the cumulative amount of funding aansfers between approved budget categories. as defined in
Attachm;nt j. Grant Work Plan. that exceeds or is expected to exceed twent) percent (10%) ofthe total budget
as Iast approved by Department.
A change order to this Agreement may be used when:
( I ) task timelines within the current authorized Agreement period change;
(2 ) the cumulative transfer offunds between approved budget categories. as defined in Attachment l, Grant Work
Plan- are less than twenry percent (209';) ofthe total budget as last approved by Department:
(3) changing the current funding source as stated in the Slandard Grant Agreement: and/or
(.1) fund transferc betyeer budget categories for the purposes of meeting match requirements.
This Agreement ma1' be amended to provide for additional services ifadditional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless othertise specified.
3. Agre€ment Duretion.
The term of the Agreement shall begin and end on the dates indicated in the Staldard Crafi Agreement. unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date ofexecution through the expiration date ofthis Agreement.
unless othemise specified in Attachment 2, Special Terms and Conditions. However. work perfbrmed prior to the
execution ofthis -A.greement may be reimbursable or used for match purposes if permined by the Special Terms and
Conditions.
Rer. t)? 26 l{)12
AttachmeDt I
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b
4. Deliverables.
The Grantee agrees to render the sen'ices or other units ofdeliverables as set forth in Aftachment -1. Grant \l'ork Plan.
The sen'ices or other units ofdeliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Crant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Gra.ntee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. PerformanceNleasures.
The Grantee rvarrants that: ( I ) the services rvill be performed by qualified personnel: (2) the services will be of the
kind and qualiq described in the Granl Work Plan: (l) the senices *ill be performed in a professional and
workmanlike manner in accordance with industry standards and practices: (.1) the services shall not and do not
knowingly infiinge upon the intellectual property rights, or any other proprietary rights, of any third party; and (5 ) its
employees. subcontractors. and/or subgrantees shall compll with any security and safelv requirements and processes.
ifprovided by Department. for work done at the Project Location(s). The Department resen'es the right to investigate
or inspect at any time to determine u'hether the services or qualifications offered by Grantee meet the Agreement
requirements. Notivithstanding any provisions herein to the contrary, urinen acceprance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6, ,{cceptanc€ of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
belbre pa) ment. The Grantee shall work diligentlt-. to correct all deficiencies in the deliverable that remain
outstanding. \lithin a reasonable time at GraDtee's expensc. IfDepartment's Grant lvlanager does not accept the
delirerables rvithin 30 days ofreceipt. they will be deemed rejected.
Reiection ofDeliverables. The Depanment reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due. in whole or in part, to Grantee's lack ofsatisfactory
performance under the terms ofthis Agreement. The Crantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to f'ulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work PIan $ill result in rejection ofthe deliverable and the associated
invoice. Payment lor the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Depanment in accordance with the Agreement requirements. The Depanment. at its option, may
allow additional time within which Crantee may remedy the objections noted by Department. The Grantee's
t'ailure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event ofdefault.
Financial Consequences for Nonperformance.
\\'ithholding Pa\mer)l. In addition 1o the s pecific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment \.!hen the
Crantee has failed ro perform/comply with provisions of this Agreement. None ofthe financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. IfGrantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe. Department may. in its sole discretion. request that a proposed Corrective .A,ction Plan (CAP) be
submined b;' Grantee to Depanment. The Department requests that Crantee specii the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixt) (60) calendar days.
i. The Crantee shall submit a CAP within ten (10) days of the date of the written request from
Depanment. The CAP shall be sent to the Department's Grant Manag€r for review and approval.
within ten (10) days of receipt ofa CAP, Department shall notifu Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted. Grantee shall have ten ( l0) da) s from
receipt ofDepanment letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval ofa CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Depanment's notice ofacc€ptance ofa proposed CAP, Grantee shall have ten (10) days to
commence implementation ofthe accepted plan. Acceptance ofthe proposed CAP by Department
does no! relieve Grantee ofany of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee. Department shall retain the right to
require additional or funher remedial steps, or to terminale this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Depanment liom
subsequently asserting any deficiencies in performance. The Crantee shall continue to implement
.{ttachmettt I
2oil2
R$. {)7 26 2022
1.
a.
8.
a
the CAP until all deficiencies are corrected. Reports on the progress ofthe CAP will be made to
Department as requested by Department's Grart Manager.
iii. Failure to respond to a Department request for a CAP or failure to conect a deficiency in the
performance of the Agreement as specified by Departunent may result in termination of the
Agreement.
Payment.
Pavment Process. Subject to the terms and conditions established by the Agreement. the pricing per deliverable
established b) the Grant Worli Plan. and the billing procedures established by Depanment, Departnent agrees
to pa]', Grantee for serv ices rendered in accordance $ ith Section 215.-122, Florida Statutes (F.S. ).
Taxes. The Departrnent is e\empted from payment ofState sales, use taxes and Federal excise taxes. The Grantee,
houever. shall not be exempted from paying any taxes that it is subject to. including State sales and use tares. or
for payment by Grantee to suppliers for taxes on materials used to fiilfill its conractual obligations with
Department. The Grantee shall nol use Department's exemption number in securing such malerials. The Grantee
shall be responsible and liable for the payment ofall its FICA/Social Security and other taxes resulting fiom this
Agreement.
Maximum Amount of Aqreemenl The maximum amount of compensation under this Agreement. without an
amendment. is described in the Standard Grant .A.greement. Any additional funds necessary for the completion of
this Project are the responsibilitv ofGrantee.
Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion. subminal, and approval of each deliverable identified in the Grant Work Plan.
Reirnbursement shall be requested on Exhibit C. Payment Request Summar.v Form. To be eligible for
reimbursement, costs musl be in compliance with laws. rules. and regulations applicable to expenditures of State
funds, including. but not limited !o, the Reference Guide for State Expenditures. which can be accessed at the
fbllorving u eb address: https://myfloridacfo.com/docs-sf/accounting-and-aud itine-libraries/state-
aeencies/referencesuideforstateexoenditures.pdfl sfvrsn=fc 1c5555 2
lnvoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Departrnent
pursuant to the Grant Work Plan shall be submitted to Department in sufticient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for delivcrables that are completed in
accordance with the Grant Work Plan
Lr
.l
l'. Interim Pavments. Interim pa)ments ma) be made b1 f)epartment- at its discretion. if the completion of
deliverables to date have first been accepted in rvriting bl Department's Grant l\lanager.
g. Final Payment Request. A tinal payment request should be submitted to Department no later than sixr]" (60) dal-s
following the expiration date of the Agreement to ensure the availabiliq of funds for pavment. Ho&ever. all
uork performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation C'ontineency. The State's perlbrmance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Lcgislature. This Agreement is not a commitm€nt of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, $,ith proper notice. at the discretion of Department if the Legislature reduces or eliminates
appropriations-
Interest Rates. All interest rates c harged under the Agreement shall be calculated on the prevailing rate used b1
$e state Board of Administration. To obtain the applicable interest rate. please refer to
httos://www.mvfl oridacfo.com-/division/aa,/state-aqencies.
Ref'und ofPar ments to the DeDartment. An y balance ofunobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Crantee or subgrantee is entitled
underthe terms ofthe Agreement must be refunded to Departrne[t. Ifthis Aereement is funded with federal funds
and the Deoaltment is reouired to refund the federal eovemment- the Grantee shall refund the Departmenl its
share ofthose funds.
9. Documentrtion Required for Cost Reimbursement Grant Agrecments and Match,
lfCost Reimbursement or Match is authorized in Attachment ?, Special Terms and Conditions, the follou'ing
conditions apply. Supponing documentation must be provided to substantiate cost reimbursement or match
requirements for the follo*ing budget categories:
a. Salan,\,'ases. Grantee shall list personnel involved. position classification. direct salar) rates. and hours spent
on the Project in accordance with Attachment 3. Grant Work Plan in their documentation for reimbursement or
match requirements.
Rev.07,26/2022
\ttachnrent I
l ol ll
b. Overhead,'Indirect/General and .{dministrative Costs. lf Crantee is bein !: reimbursed ti)r r)r claimins match tbr
multipliers. all multipliers used (i.e.. fringe benefits. ovsrhead. indirect, and/or general and administrative rates)
shall be supported by audit. [f Department determines that multipli€rs charged by Grantee exceeded the rates
supported by audit. Grantee shall be required to reimburse such funds to Depanment within thirry (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors ). N1atch or reimbursement re quests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments lor direct salaries shall clearly identify the personnel involved, salary rate
per hour. and hours spenl on the Project. All eligible multipliers used (i.e., fiinge benetits. overhead, indirect,
and,.or general and administrative rates) shall be supponed by audit. If Depanment determines that multipliers
charged by any subcontractor exceeded the rates supported bv audit. Crantee shall be required to reimburse such
funds to Department \a'ithin thiny (30) days of wriften notification. Interest shall be charged on the excessive
rate. Nonconsumable andi'or nonexpendable personal properq" or equipment costing $5.000 or more purchased
for the Project under a subcontract is subject to the requirements set fonh in Chapters 273 and/or 27.1. F.S.. and
Chapter 691-72. Florida Administrative Code (F.,{.C. ) and,'or Chapter 691-73. F.A.C.. as applicable. The Grantee
shall be responsible for maintaining appropriate properq records for any subcontracts that include the purchase
ofequipment as part ofthe deliveq of services. The Grantee shall compll with this requirement and ensure its
subconfacts issued under this Agreement, ifany. impose this requirement. in writing. on its subconractors.
i. For fixed-price (vendor) subcontracts. the tbllowing provisions shall apply: The Grantee may
award. on a competitive basis. fixed-price subcontracts to consultants contractors in performing rhe
work described in -{.ftachment 3. Grant Work Plan. Invoices submitted to Depanment for fixed-
price subcontracted activities shall be supponed uith a copy ofthe subcontractor's invoice and a
copy ofthe tabulation form for the competitive procurement process (e.g.. Invitation to Bid. Request
tbr Proposals. or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Depanment to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance. Grantee shall
request the advance wrinen approval from Depanment's Grant l\Ianager of the fixed price
negotiated b1'. Grantee. The lener of request shall be supponed by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Depanment Crant l\lanager's
approval ofthe fixed-price amount. Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant s Competitive Negotiation Acr under secrion
287.055. F.S. or the Brooks Act. Grantee must provide documentation clearly- evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement oftravel expenses shall be in accordance *ith Section lll.06l.
F.S.
e. Direct Purchase Eouipment. For the purposes ofthis Agr€ement. Equipment is detined as capital outlay cosring
S5.000 or more. Match or reimbursement for Crantee's direct purchase of equipment is subject to specific
approval of Department. and does not include anl equipment purchased under the delivery of senices to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases. and a properly
completed Exhibit B. Propert, Reporting Form.
f. Rental/Lease ofEouioment. Match or reimbursement requests for rentalilease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses. such as materials. supplies, non-excluded
phone expenses. reproduction, or mailing, are reimbursable or available for nratch or reimbursement under the
terms of this Agreement. the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent ofCrantee's contracl obligations to its subcontractor. Department
shall not reimburse any ofthe following types ofcharges: cell phone usage: attomey's t'ees or court costs: civil
or administrative penalties: or handling fees. such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acouisition. Reimbursement for the costs associated with acquiring interest and,/or rights to real property
(including access rights through ingress/egress easements, leases. license agreements, or other site access
agreements: and/or obtaining record title ownership ofreal property through purchase) must be supported by the
following. as applicable: Copies of Property Appraisals. Environmental Site Assessments. Surveys and Legal
Descriptions, Boundary Maps. Acreage Certification. Title Search Repons. Title Insurance. Closing
Statements/Documents, Deeds, Leases. Easements, License Agreements. or other legal instrument documenting
Rcr'.07r26/2022
Attachment I
lofl2
acquired properry interest andior rights. tf land acquisition costs are used to meet match requiremems, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quanerly. unless otherwise specified in the Aftachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reponing
period. problems encountered, prcblem resolutions. scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than fii'enLv (20) days follo*ing the completion ofthe quarterly
reporting period. For the puryoses of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will reviera'the required reports submifted by
Gruntee \.ithin thirty (30) days.
I l. Retainage.
The Ibllowing provisions apply if Department withholds retainage under this Agreement:
a. The Department rese es the right to establish the amount and application of retainage on the u'ork performed
under this Agreement up to the maximum percentage described in Attachment 2. Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion ofwork and approval
ofall deliverables.
b. tfCrantee fails to perform the requested work. or fails to perfom the work in a satisfactory manner, Grantee shall
forfeit its right to payment ofthe retainage associated with the \,,!'ork. Failure to perform includes. but is not
limited to, failure to submit the required deliverables or failure to provide adequate documeltation drat the woft
rvas actually performed. The Department shall provide wdtten notification to Crantee of the failure to perform
that shall result in retainage forfeiture. Ifthe Grantee does not correct the failure to perform *ithin the timeframe
stated in Department's notice, the retainage *'ill be lbrf'eited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work. provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. lnsurance Requirements for Sub-Grantees and/'or Subcontracto$. The Grantee shall require its sub-grantees
and,/or subcontractors. ifany, to maintain insurance coverage ofsuch types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontacton. if an-,-, to
make compliance with the insurance requirements ofthis Agreement a condition of all coutacts that are related
to this Agreement. Sub-grantees and./or subcontractors must provide proof of insurance upon request.
b- Deductibles. The Department shall be exempt from, and in no way liable for, any sums ofmoney representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility ofthe
Grantee pror iding such rnsurance.
c. Proof of lnsurance. Upon execution ofthis Agreement. Grantee shall provide Department documentation
demonstrating the existence and amount for each tlpe ofapplicable insurance coverage priar lo performance of
any u ork under this Agreement. Upon receipt of written request from Depafiment, Gmntee shall fumish
Department with proofof applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization. or other certitication of self'-insurance.
d. Dutv to Nlaintain Covera,se. In the event that any applicable coverage is cancelled by the iflsurer for any
reason, or ifCrantee cannot get adequate coverage, Crantee shall immediately noti!' Department ofsuch
cancellation and shall obtain adequate replacement coverage conforming to the r€quirements herein and provide
proofofsuch replacement coverage u'ithin ten (10) days after the cancellation ofcoverage.
e. lnsurance Trust. lfthe Crantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department ofEnvironmental Protection, its employees, and officers as an additional covered parB
everywhere the -{greement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in pa by giving 30 days' \a'riften notice to Grantee. The Department shall
notiry Grantee ofthe termination lbr convenience with instructions as to the effective date of termination or the
specific stage of $'ork at *hich the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement &ithin thifiy (30) days ofthe effective date oftermination. The
Department shall not pay any invoices received after thirry (30) da)s ofthe effective date oftermination.
b. Termination for Cause. The Department may terminate this Agreement if any ofthe events of default described
in the Events ofDefault provisions below occur or in the event that Grcntee fails to fulfill any ofits other
Attachment I
5of12
Rev.07/26/2022
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations ofthe parties shall be the same as ifthe termination had
been issued for the convenience ofDepartment. The rights and remedies ofDepartment in this clause are in
addition to any other rights and remedies provided by lau or under this Agreement.
c. Grantee Oblieations upon Notice ofTermilation. After receipt ofa notice oftermination or partial termination
unless as otherwise directed by Department, Grantee shall not fumish any service or deliverable on the date, and
to the extent specified, in the notice. Ho$ever, Grantee shall continue work on any portion ofthe ^{greement
not terminated. [f the.A.greement is terminated before performance is completed, Grantee shall be paidonly for
that work satisfactorily performed for *,hich costs can be substantiated. The Crantee shall not be entitled to
recover any cancellation charges or lost prohts.
d. Continuation ofPrepaid Services. If Departnent has paid lbr any services prior to the expiration, cancellation,
or termination ofthe Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or. at Department's discretion, Crantee shall provide a refund for services that have been
paid for but not rendered.
e- Transition of Services Upon Termination. Expiration. or Cancellation ofthe Aqreement. Ifservices provided
under the Agreement arc being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a miIrimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements ma1, be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiralron or termination. except as
necessary to complete the transition or continued portion ofrhe Agreement, ifany-
l.l. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Departrnent shall provide notice to Grantee and an opportunitv to cure that is reasonable under
the circumstances. This notice shall stale the nature ofthe failure to perform and provide a time certain for correcting
the failure. The notice \!ill also provide that. should the Grantee fail to perform within the time provided, Grantee will
be found in delault, and Departrnent may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Deparftnent or outside the reasonable control of Grantee, the following non-
exclusive list ofevents, acts, or omissions, shall constitute events ofdef'ault:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable. failure to perlbrm the minimal level ofservices required for a deliverable. discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
lotice to do so. or abandonment ofthe Agreement;
b. The commitrnent ofany material misrepresentation or omission in an1 materials. or discovery by the Department
ofsuch. made by the Grantee in this Agreement or in its application for funding;
c. Failurc to submit anJ of the reports required by this Agreement or having submifted an) report with incorrecr,
incomplete. or insuffi cient inlormation.
d. Failure to honor any term ofthe Agreement;
e. Failure to abide by any statutor,, regulatory, or licensing requirement, including an entry of an order revoking
the ceftificate ofauthority granted to the Grantee by a state or other licensing authori[:
I Failure to pay any and all entities, individuals, and fumishing labor or materials, or failure to make payment to
any other entities as required by this Agreement:
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act:
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances. uncorrected for more than thirty (30) days unless, within the
specified 30-day period. Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Depanment, of its continuing abilig and willingness to fulfill its obligations
under the Agreement:
i. Entry ofan order for reliefunder Title I I ofthe United States Code;
ii. The making by Grantee ofa general assignment for the benefit of creditors:
iii. The appointment of a general receiver or fustee in bankruptcy of Grantee's business or property;
andior
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy.
reorganization. or liquidation.
Attachment I
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Rcv.07126i2022
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement. at any time, rlhen it is
in the best interest ofthe State to do so. The Departrnent shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetar,v constraints. declaration
ofemergency, or other such circumstances. After receiving a suspension notice, Crantee shall complJ with the notice.
Within 90 days. or any longer period agreed to by the parties, Department shall either: (l) issue a notice autho zing
.esumption of work. at which time activiry shall resume; or (2) terminate the Agreement. lf the Agreement is
terminated after 30 days ofsuspension, the notice ofsuspension shall be deemed to satisi the thirrr- (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault nor the negligence
ofGrantee or its employees or agents contributed to the delay and the delay is due directly to acts ofcod, uars, acts
of public enemies, strikes. fires, floods, or other similar cause n'holly beyond Grantee's control. or for any of the
foregoing that affect subcontractors or suppliers if no altemate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notiry Department in writing of the delay or porential delay
and describe the cause ofthe delay either (1) within ten da)-s after the cause that creates or will create the delay first
arose. if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
Ibreseeable. u.ithin five days after the date Grantee first had reason to believe that a dela! could result. THE
FOREGOING SHALL CONSTITUTf, THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such r€medy. No
claim for damages, other than for an extensioo of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind ftom Department for direct. indirect.
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiencl. arising because of delay, disruption, interference. or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in pafi, due to any ofthe causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines. in its sole
discretion. that the delay *ill signilicanrly impair the value ofthe Agreement to Department. in !vhich case Department
ma): (1) accept allocated performance or deliveries from Grantee, prcvided that Crantee grants preferential treatnent
to Department \aith respect to products subjected to allocation; (2) contract with other sources (\'ithout recourse to
and by Grantee for the related costs and expenses) to replace all or part ofthe products or services that are the subject
ofthe delay. which purchases may be deducted from the Agreement quanti0; or (3) terminate -A.greement in whole or
in pan.
18. Indemnification.
a. The Grantee shall be futly liable for the actions of its agents, employees. partners, or subcontractors and shall
fully indemniS. defend, and hold harmless Department and its officers, agents, and employees. from suits,
actions. damages. and costs ofevery name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in \rhole or in
parl by Grantee, its agents. employees. parhrers, or subcontractors; provided. however, that Grantee
shall not indemnifu lbr that portion ofany loss or damages proximately caused by the negligent act
or omission of Department:
ii. the Gralltee's breach ofthis Agreement or the negligent acts or omissions ofGrantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Gmntee: (1) wdtten notice ofany action or threatened action; (2) the opportuniry to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost. expense. or compromise incurred or made
by Department in any legal action without Gmntee's prior written consent, which shall not be unreasonably
withheld.
c. Norwithstanding sections a. and b. above, the lbllowing is the sole indemnification provision that applies to
Grantees that are govemmental entities: Each pan)- hereto agrees that it shall be solely responsible for the
negligent or erongful acts of its employees and agents. However, nothing contained herein shall constitute a
uaiver by either partv of its sovereign immunit-v or the provisions of Section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision ofthe State to be sued by third parties in any matter
arising out ofany contract or this Agrcement.
d. No p.ovision in this Agreement shall require Deparftnentto hold harmless or indemniry Grantee, insure or assume
liabilir)" lbr Gfantee's negligence, waive Department's sovereign immuniry under the laws of Florida. or
Attachment 1
7ofl2
Rc!. 07,r26l2022
otheruise impose liabilit) on Department for which it would not otherwise be responsible. Any provisron.
implication or suggestion to the contrar]' is null and void.
19. Limitation of Liability.
The Department's liability forany claim arising from this Agreement is limited to compensatory damages in an amount
no greater thar the sum ofthe unpaid balance ofcompensation due for goods or sen'ices rendered pursuant to and in
compliance rvith the terms ofthe Agreement. Such liabiliE- is further limited to a cap of$100.000.
20. Remedies.
Norhing in this Agreement shall be construed to make Crantee liable fbr force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other t-vpes of damages under the Agreement. at la$ or in equit-v. The Department may, in addition to
other remedies available to it. at lau'or in equit_v and upon notice to Grantee. retain such monies from amounts due
Grantee as may be necessary to satisfu any claim for damages. penalties. costs and the like assened by or against it.
21. Waiver.
The delay or failure by Depanment to exercise or enfbrce any of its rights under this Agreement shall not constitute
or be deemed a rvaiver ofDepartment's right thereafter to entbrce those rights. nor shall any single or panial exercise
of an1., such right preclude any other or further exercise thereofor the exercise of an)' other right.
22. Statutory Notices Relating to Unauthorized EInploymeDt and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
l7-1A(e) of the lmmigration and Nationalir] Act. lf Orantee/ subcontractor kno$ingl1" employs unauthorized
aliens. such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result ofthis -{greement.
b. Pursuant to Sections 287.133. 187.11.1. and287.1-17 F.S.. the follor.ring restrictions apply to persons placed on
the convicted vendor list. discriminatory vendor list. or the antitrust violator vendor list:
i. Public Entin Crime. A person or alfiliate who has been placed on the convicted vendor list
follorving a conviction for a public entity crime mal not submit a bid. proposal, or reply on a contract
to provide any. goods or services to a public entit-v: ma, not submit a bid. proposal. or reply on a
contract rvith a public entirt" for the construction or repair ofa public building or public work: mar
not submit bids. proposals. or replies on leases ofreal prope4 to a public entiq: may not be awarded
or perform work as a Crantee. supplier. subcontractor. or consultant under a contract with any public
entit); and may not transact business with any public entit,- in excess ofthe threshold amount
provided in Section 287.017. F.S.. for CATEGORY TWO for a period of 36 months fbllou ing the
date of being placed on the convicted vendor list.
Discriminaton Vendors. An enriry or affiliate uho has been placed on the discriminatory vendor
list ma-"- not submit a bid. proposal. or repll on a contract to provide an1 goods or services to a
public entiq: may not submit a bid. proposal, or reply on a contract with a public entiLv for the
construction or repair ofa public building or public uork: mal not submit bids- proposals. or replies
on leases of real properq' to a public entir,"": may not be awarded or perform work as a contractor.
supplier. subcontractor. or consultant under a contract with any public entit]: and mav nol transact
business rvith any public entity.
iii. Antitrust Violator vendors. ..\person or an afliliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable tbr an antitrust violation may not
submit a bid, proposal, or reply on an) contract to provide any good or services to a public entity;
may not submit a bid. proposal. or reply on any contract with a public entity for the construction or
repair ofa public building or public uork: may not submit a bid. proposal. or reply on leases ofreal
properq to a public entitv: may not be awarded or perform work as a Grantee. supplier.
subcontractor, or consultant under a contract with a public entit); and may not transact new business
with a public entity.
Notification. The Grantee shall notifo Department if it or any of its suppliers. subcontractors, or
consultants have been placed on the convicted vendor list. the discriminatory vendor list. or antitrust
violator vendor list during the life of the Agreement. The Florida Departmenl of Nlanagement
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Nlanagement Sen'ices.
Office of Supplier Diversity, at (850),187-0915.
ll
lv
Rer. 07/2612022
Attachment I
8ofl2
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply &ith all federal, state and local regulations, includilg. but not limited
to. nondiscrimination. wages, social securiry. uorkers' compensation. Iicenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result ofthis Agreement.
b. No person, on the grounds ofrace. creed. color. religion, national origin, age, gender. or disabiliq-. shall be
excluded from panicipation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in perlbrmance ofrhrs Agreement.
c. This Agreement shall be govemed by and construed in accordance with the laws ofthe State ofFlorida.
d. An) dispute conceming performance of the .A.greement shall be processed as described herein. Jurisdiction for
anl damages arising under the terms ofthe Agreement rvill be in the courts of the State. and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law. the parties agree to be
responsible for their own attorne), fees incurred in connection with disputes arising under the terms of this
Agreement.
2{. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott lsrael List or engaged in a boycott of
lsrael. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option ifthe Grantee is found to have submitted a false certification: or ifthe Crantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of lsrael during the term of the Agreement.
b. Ifthis Agreement is fbr more than one million dollars. the Grantee cenities that it is also noton the Scrutinized
Companies *ith Activities in Sudan, Scrutinized Companies with Activities in the [ran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135. F.S., the Department may immediately terminate this Agreement at its sole option ifthe Grantee
is found to have submined a false certification: or if the Grantee is placed on the Scrutinized Companies *ith
,{.ctivities in Sudan List. or Scrutinized Companies with.{ctivities in the Iran Petroleum Energy Sector List. or
engaged with business operations in Cuba or Syria during the term ofthe Agreement.
c. As provided in Subsection 287.135(8). F.S.. ift'ederal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and lrtcgrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
287.058(6). F.S.. during the term of any executed agreement between Grantee and the State. Crantee may lobby the
executive or legislative branch concerning the scope of services. performance. lerm. or compensation regarding that
agre€ment. The Grantee shall comply with Sections I I .062 and I16.347. F.S.
26. Record Keeping.
The Grantee shall maintain books, records arld documents directly pertinent to performance under this Agreement in
accordance with United States generall! accepted accounting principles (US GAAP) consistently applied. The
Department. the State. or their authorized representatives shall have access to such records tbr audit purposes during
the term ofthis Agreement and for five (5) years following the completion date or termination ofthe Agreement. In
the event that any work is subcontracted. Grantee shall similarly require each subcontractor to maintain and allo\,v
access to such records lbr audit purposes. Upon request ofDepartment's Inspector General, or other authorized
State official. Grantee shall provide any gpe of information the Inspector General deems relevant to Grantee's
integriry or responsibilir).-. Such information mal" include. but shall not be limited to, Grantee's business or financial
records. documents, or files ofany type or form that ref'er to or relate to Agreement. The Grantee shall retain such
records for the longer of: ( I ) three years after the expiration ofthe Agreement; or (2) the period required by the
(ieneral Records Schedules maintained by the Florida Departrnent of State (available at:
http:r/dos.mvflorida.com library-archivesrrecords-nranagement/gencral-records-schedules,'
27. Audits.
a. Inspector General The Grantee understands its dutv. pursuant to Section 20.055(5). F.S.. to cooperate rith the
inspector general in any investigation. audit. inspection. review. or hearing. The Grantee will comply with this
dutv and ensure that its sub-grantees and/or subcontractors issued under this Agreement. if an-v. impose this
requirement. in uriting. on its sub-grantees and,'or subcontractors. respectivel-r-.
b. Phtsical .\ccess antl Inspection. [).parunent personnel shall be given access to and may observe and inspect
work being performed underthis Agreement, with reasonable notice and during normal business hours, including
by any ofthe following methods:
i. Grantee shall provide access to any location or faciliry on uhich Grantee is performing work. or
storing or staging equipment. materials or documents:
Attachment I
9ofl2
Its. 0? 16 201l
ii. Grantee shall permit inspection of any facility, equipment, practices. or operations required in
perlbrmance ofany work pursuant to this AgreemenL and,
iii. Grantee shall allor,v and facilitate sampling and monitoring of any substances, soils. materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requircments purcuant to this -A.greement.
c. Soecial Audit uirements. The Grantee shall comply u'ith the applicable provisions contained in Attachment
5. Special -A.udit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. IfDepartment fails to provide an updated copy of Exhibit I to include
in each amendment that authorizes a funding increase or decrease, Crantee shall rcquest one from the
Department's Crants N1anager. The Grantee shall consider the type offinancial assistance (federal and/or state)
identified in Attachment 5, Exhibit I and determine whether the terms ofFederal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR $200.331 for determining whether
the relationship represents that ofa subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links,'Torms" section appearing at the following website:
httDs:\\aDDs.ls.com\fsaa
d. Proof of Transactioll ln addition to documentation provided to support cost reimbursement as described herein.
Department may periodically request additional proofofa transaction to evaluate the appropriateness ofcosts to
rhe Agreement pursuant to State guidelines (including cost allocation guidelines) and federal. if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plal in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingiine of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted andlor received for one project may not be used to suppon another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement. Crcntee, or subrecipient.
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Departrnent finds that these funds have been commingled. Depafiment shall have the right to
demand a refund, either in rvhole or in part. ofthe funds provided to Grantee under this Agreement
for non-compliance with the matedal terms of this Agreement. The Grantee, upon such written
notification from Departnent shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
mte used by the State Board of Adninistration. Interest shall be calculated fiom the date(s) the
original payment(s) are received from Department by Gmntee to the date repayment is made b1
Grantee to Departmelt.
ii. In the event that the Crantee recovers costs, incurred under this Agreement and reimbursed by
Department, fiom another source(s), Grantee shall reimburse Department for all recovered f'unds
originally provided under this Agrcement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Cmntee to the date repayment is
made to Department.
iii. Notwithstanding the requircments of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acqui.e any interest which would conflict in any
manner or degree uith the perfomance ofservices required.
29. lndependent Contractor.
The Grantee is an independent contractor and is not an employee or agent ofDepartment.
30. Subcontractiog.
a. Unless othenvise specified in the Special Terms and Conditions. all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement ofany Grantee employee, subcontractor, or agent. For
cause, includes. but is not limited to, technical ortraining qualifications, quality ofu'ork, change in securify status,
or non-compliance uith an applicable Department policy or other requirement.
Attachment I
10 of 12
Re\'.07,2612022
c. The Department may, for cause. deny access to Department's secure information or any facility by any Grantee
employee. subcontraclor. or agent.
d. The Departmelt's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all uork
in compliance with the Agreement. The Grantee shall be responsible for the payment ofall monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incured under
any subcontract and Crantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcolfactors, or agents access to meetings within the
Department's facilities, unless the basis ofDepartment's denial is safety or securiq considerations.
I The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award ofsubcontracts should reflect the full
diversi!* of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the OtIce ofSupplier Diversitv at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
rhe default ofa subcontactor at an-1/ tier, and ifthe cause ofthe default is completely beyond the control ofboth
Grantee and the subcontractor(s), and without the fault or negligence ofeither. unless the subcontracted products
or services were obtainable from other sources ir sufficient time for Grantee to meet the required delivery
schedule.
31. (;uarantee of Parent Company.
IfGrantee is a subsidiary ofanother corporation or other business entit]-, GBntee asserts that its parent company rvill
guarantee all of the obligations ofGrantee forpurposes offulfillingthe obligations ofAgreement. ln the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it \rill be a requirement of sale that the new
parent company guarantee all ofthe obligations of Grantee-
32- Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentialilv, proprietar) interests, and
public records, shall survive termination, cancellation. or expiration ofthis Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee- its
agents. seFr'ants. and employees, nor shall Grantee disclaim its o\i'n negligence to Department or any third part"',. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. tf
Department consents to a subcontract, Crantee wil) specifically disclose thatthis Agreement does not create any third-
parry rights. Fufiher, no third parties shall rely upon any ofthe rights and obligations created under this Agreement.
3,1. SeYerability.
lf a court of competent jurisdiction deems any term or condition herein void or unenforceable. the other provisions
are severable to that void provision, and shall remain in full force and etfect.
35. Grantee's fmployees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents perfbrming work under the Agreement shall be properly trained
technicians who meer or exceed any specified training qualifications. Upon request. Grantee shall fumish a copy of
technical certification or other proofofqualification. All employees, subcontractors, or agents performing l'v'ork under
Agreement must comply with all securiry and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell. assign. or transfer any of its rights, duties, or obligations undet the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent ofDepartment. In the event
ofany assignment, Grantee remains secondarily liable for performance ofthe Agreement, unless Department expressly
waives such secondary liabili!,. The Department may assign the Agreement with prior llritlen notice to Grantee ofits
intent to do so
37. Compensation Report.
Ifthis Agreement is a sole-source, public-private agreement or ifthe Grantee, through this agreement with the State-
annually receive 507o or more oftheir budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report. including the most recent tRS Form 990, detailing the total compensation for
the e tities'executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay. retirement benefits, deferred compensation. real-properry gifts, ard any othe. payout.
The Grantee must also inlbm the Department of any changes in total executive compensation between the annual
lie\'.07i26/2022
-{ttachment I
ll of 12
reports. All compensation reports must indicate what percent ofcompensation comes directly from the State or
Federal allocations to the Crantee.
38. Execution in Counterparts and -luthority to Sign.
This Agreement. any amendments. andr'or change orders related to the Agreement, ma) be executed in counterpans.
each of which shall be an original and all of which shall constitute the same instrument. [n accordance uith the
Electronic Signature Act of 1996. electronic signatures, including facsimile transmissions. may be used and shall have
the same tbrce and effect as a written signature. Each penon signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective pari- to the Agreement.
Re\ 07 26 2012
Attachment I
l2 of 12
)
a.
STATE OF FLORIDA
DEPART]I{ENT OF ENVIRONNIENT,A.L PROTECTION
Special Terms and Conditions
AGREENIENT NO. A3O18
ATT\CH \IE\T 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions. Attachment l. Where in conflict. these more specific terms shall apply.
l. Scop€ of Work.
The Project funded under this Agreement is Mullikin Park. The Project is defined in more detail in Attachment 3,
Grant Work Plan.
Duration.
Reimbursement Period. The reimburrment period for this Agreement begins when the final party signs the
Agreement (the "effective date") and ends on the Project Completion Date. Only authorized Pre-Agreement
expenses mal be reimbursed outside ofthis period.
Extensions. There are no extensions available for this Project.
Service Periods. Additional service pedods are not authorized urder this AgTeement
Pat ment Pro\ isioDs.
Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. lnvoicing will occur after approval ofthe final delivereable(s)
c. Advance Pa). Advance Pay is not authorized under this Agreement.
b.
c.
3.
a.
Catesory
Salaries/Wages
Overhead,rlndirect/General and Administrative Costs
a- Fringe Benefits, N/A.
b. Indircct Costs, N/A.
Contactual (Subcontractors)
Travel, in accordance with Section I12, F.S.
Equipment
Rental/Lease of Equipment
Mi scel laneous/Other Expenses
Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be tLnded under this Agreement
6. Land Acquisition,
There will be no Land Acquisitions funded under this Agreement
7. Match Requirements
The Agreement rcquires at least a 5()7o match on the part ofthe Grantee. Therefore, the Grantee is responsible for
providing $2fl),flD.00 through cash or third part, in-kind towards the Eoject funded under this Ageement.
The Grantee may claim allowable project expenditures made on July 1, 2022 or after for purposes ofmeeting its
match requirement as identified above.
Attachmetrt 2
I of 2
Re\' 5/202022
Reimbursement
A
I\latch
x
a
x
x
tr
tr
tr
x
C
tr
x
x
D
tr
a
x
o
{. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availabiliq for costs to meet matching requirements shall be limited to the follouing
budget categories. as defined in the Reference Guide for State Expenditures. as indicated:
Each payment request submitted shall document all matching funds and/or match eftbrts (i.e., in-kind services)
provided during the period covered by each request. The 6nal payment will not be processed unlil the match
requirement has been met.
8. InsuranceRequirements
Requued earela9g. Atall times during the Agreement the Crantee, at its sole expense. shall maintain insurance
coverage ofsuch ry-pes and with such terms and limits described below- The limits ofcoverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
altematively. Grantee maSr provide coverage through a self-insurance program established and operating under the
laws ofFlorida. Additional insurance requirements forthis Agreement may be required elsewhere in this
Agreement. horvever the giallqgll insurance requirements applicable to this Agreement are:
a. Commercial General Liabilitv Insurance.
The Grantee shall provide adequate commercial general liabiliry insurance coverage and hold such liabiliq
insurance at all times during the Agreement- The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occunence and $500,000 policy aggregate.
b. CommercialAutomobilelnsurance.
Ifthe Grantee's duties include the use ofa commercial vehicle. the Grantee shall maintain automobile
Iiabilit-v. bodily injury, and properg damage coverase. lnsuring clauses for both bodily injury and propeny
damage shall provide coverage on an occurrence basis. The Department. its employees. and omcers shall
be named as an additional insured on anl automobile insurance policl . The minimum limits shall beas
tbllou's:
$200,000/300,000 Automobile Liability tbr Company-Or,ned Vehicles, ifapplicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers' ComDensationandEmployer's Liability Coverase.
The Grantee shall provide workers' compensation, in accordance with Chapter.fl0. F.S. and employer
liabiliq.- coverage with minimum limits of$100.000 per accident, $100,000 per person. and $500.000
policy- aggregate. Such policies shall cover all employees engaged in any work underthe Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requircments under this Agreement
10. Retainage.
No retainage is required under this Agreement
11. Subcontractitrg.
The Grantee may subcontract work under this Agreement without the prior $ritten consent ofthe Department s
Grant Manager. Regardless ofany subcontmct, the Grantee is ultimately responsible fbr all work to be performed
tmder this Agreement.
12. State-owned Land.
The *ork will not be performed on State-owned land
13. Oflice ofPolicy atrd Budget Reportitrg.
There are no special Offce ofPolicy and Budget reporting requiremens for this -{greement.
l{. Additional Terms.
\one.
An_v^ terms udded here rmtsl be approved bv the (mice of General Counsel.
Re! 5/20/2022
.{ttachment 2
2 ofl
ATTACHMENT 3
GRANT WORK PLAN
FLORIDA REC]Rf,ATION DEVELOPMENT ASSISTAN(:E PROC RAM (FRDAP)
Project Name: Mullikin Park
Crantee Name: City of Dania Beach
FRDAP Proiect No.r A23018
DEP Agreement No.: A30lE
significant change. must be pre-approved by the Department. and may require a lirrrnal Amendment to this Agreenrent. All work nrust be completed in accordance rvith the FRDAP
t.
For the purpose of this Agreement, the lerms "Project Element" and "Proiect Task" are used interchangeably to mean an identitied facility within the Project.
The Project is located at 230 SW lst Court, Donia Beach, FL 33004 (Broward (lourty) and is considered a "Large Project" pursuant to paragraph 62D-5.055(6Xa), F.A.C.
Retroactive Project.
available, and Project Costs have occurred within one ( | ) year prior to the approval lbr funding by the Govemor.
E'lhis Project has not been approved as a "l{etroactive Project.'
Project Complelion: Thc Project Completion Date for this Agrecment is April 30, 2025.
linal Project Costs shall be submitted to the Department with the payment request.
llf aximum (;rant A$itrd Anrount:$t00.000.00
lkq uircd (;rilntee l\littch AmouIt:$200.000.00
'l'otal Estimated Projcct ('ost:5{00.0t,{).0t)
i\latch R{tio:500 0
DLll'Agreenrent No.: A-1018. Attachnr!'nl:1. Pagc I ol'l
Scope of Work/Tasks l)clilerahles I)ue I)xte Financlal Consequences
.T,\SK I
l.A. Developnlent of Comnrencement
I)ocunrcnration ( hecklist (l)RP- 107 )'.
l.B. A (\)sl Analysis Fonr. rvith detailcd budget
(aDd lD-llouse Cost Schedrrlc(s). if applicable).
t)ul,lvuRABt,t: I
The Department will issue "Notice to Commence" upon
receipt and approval oi
l.A. AII applicable Project specilic Comnrencement
docunrentation listed on Commencenrent Docurnentation
Checklist (DRP- 107)
l.B. A ('ost Analysis Fonn, with detailed budgel (and In-
House ('ost Schedule(s). i1'applicable).
Project planning expenses, such as application preparation.
architectural and engineering fees, pemtitting fees, Project
inspection. and other similar fees are eligible lirr
reimbursement. Ht'rwever. reimbursement. if requested. shall
not exceed fifteen (15%) oftotal Proiect Cost, and shallbe
invoiced upon Project completion, in accordance with the
Payment Request Schedule.
The Grantee may not proceed with development of the
Proiect until Notice to Commence hos been issued.
180 calcndar days
afler []\ecution ol'
Agreementr
Failure to provide the required
Commencement Documentation nray
jeopardize your funding. Thc Department
may tcrminate the ProJect Agreement if
the required Deliverables are not
submined and approved by the
Deparlment.
TASK 2
2.A, Dcvelopnrent of Primary and Support Project
EIements. which includes:
Playground (renv), Basketball C'ourt (renv),
Picn ic (renv), Exercise Ststions/Equipment
(new), Walking'l'rail (new), Lighting(renv),
Fencing(rcnv), l,llndscaping (ren\')
2.C. Completion ofFinal Status Repon (DRP-
r0e).
DELIVERABLE 2
The Grantee may request reimbursement upon Department
receipt and approval oC
2.i\. l)evelopnrcnt of required Projcct lilentents
2.8. All applicable Project specific Completion
documentation listed on Completion Documentation
Checklist(DRP-lll)
2.C. Final Status Report (DRP-109)
The Grantee may request reinrbursement lirr allowable
budgeted expenses and costs pursuant to the Agreement that
are direltly related to lhe successful development of the
Project site. Reimbursement shall not exceed the Granl
Due April 30,
2025, which shall
also be the Project
Completion Datel
No reimbursement will be made lbr
Deliverable(s) deemed unsatisfactory by
the Department. Payment(s) \!ill not be
made for unsatislhctory or incomplete
work. In addition, a Task nray be
terminated for Grantcc's failure lo
pertbrm.
DEP Agrcement No.: A30l 8. Attachnrent 3. Page 2 of 3
2.8. [)evelopnrcnt of ('ompletion of
Docunrentation ('hccklist (l)RP-l I I ).
Award Amount, less any reinrbursenrent requesled for in
Deliverable l. ard shall be invoiced upon Project completion,
in accurdance rvith the Payment Request Schedule lrelorv. Ten
percent (1096) of the Grant Award rvill be retained until the
Project is designated contplete by the Department.
ol'the I'roject ( orrtpletion ('ertiticate and the Deliverahles undcr each Proicct Task. tlre (irantee tl)ay proceed u,ith the pavnlent request suhmittal.
Endnotes:
Section. State ofFlorida Depanmenl ofEnvironmental Protection. 3900 Comnronwealth Boulevard, MS# 585, Tallahassee. Florida. 32399-3000.2. Project Agreenrent is subject to termination il Conurrencement documentations under Task I are not received and approved by the Department within 180 calendar
days ofthe Project Agreement execution.
-1. Due Date will not be extended beyond the Grant Period as outlined in Subsection 62D-5.058(7), F.A.C.
DEP Agreenent No.: A3018. Attachrnent 3, Page 3 of3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachnrent {
I- Public Records.
a. If the Agreement exceeds $35.000,00. and if Grantee is acting on behalf of Department in its pertbrmance of services
under lhe Agreement, Grantee must allow public access to all documents. papers. letters, or other material. regardless
ofthe ph1'sical form. characteristics- or means of transmission. made or received by Grantee in conjunction *ith the
Agreement (Public Records), unless the Public Records are exempt from section 2,1(a) of Article I ofthe Florida
Constitution or section | 19.07( I ). F.S.
b. The Department ma1 unilateralll'terminate the Agreement if Grantee refuses to allou public access to Public Records
as required b1 lau.
2. Additional Public Records Duties of Section I19.0701. F.S., If Applicable.
For the purposes ofthis paragraph. the term -contract" means the "Agreement." llGrantee is a "contractor" as
defined in section I 19.0701( I )(a), F.S., the following provisions applv and the contractor shall:a. Keep and maintain Public Records required by Deparrment to perform the sen,ice.
b. Upon request. provide Department rvith a copv ofrequested Public Records or allo* the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter I 19, F.S.. or
as otherwise provided by lau.
c. A contractor \rho thils to provide the Public Records Io Depanment $ithin a reasonable time ma)'be subject to
penalties under section I 19.10. F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are nol disclosed except as authorized by' Iarv for the duration ofthe contract term and following completion ofthe
contract iflhe confactor does not transler the Public Records to Department.
e. fJpon completion ofthe contract. transfer. at no cost. to Department all Public Records in possession ofthe contractor
or keep and maintain Public Records required bl Depanment to pertbrm the service. Ifthe contractor transfers all
Public Records to Deparlment upon completion ofthe contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. lfthe contractor
keeps and maintains Public Records upon completion ofthe contract, the contraclor shall meet all applicable
requirements fbr retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Depanment's cuslodian ofPublic Records- in a format specified by Depanment as compatible uith
the infbrmalion technolog) svstems of Department. These lbrmaning requirements are satistled by using the data
lormats as authorized in the contract or Microsoft Word. Outlook. Adobe. or Excel. and any soft*are lbrmats the
contractor is authorized to access.
I IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER I19, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIANOF PUBLIC RECORDS AT:
Telephone: (850) 245-21f8
Email: public.services@floridadep.eov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
R(\ .l ll 2011i
.{ttachment 4
I of I
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
-4.ttachment 5
The administration of resources awarded by the Department of Environmental Protection (which nay be referred to
os lhe " Department". "DEP", " FDEP" or "Granlor", or other ndme in the agreement) to the recipient (which mav be
relbrred lo .ts the "Recipient". "Grantee" or olher hame in the agreementT may be subject to audits and/or monitoring
by the Department ofEnvironmental Protection, as described in this attachment.
\IONIT()RINC
In addition to rerieqs ofaudits conducted in accordance rvith 2 CFR Pan 100, Subpan F-Audit Requirements. and
Section 2t5.97, F.S., as reviscd (see "AUDITS" below). monitoring procedurcs may include, but not be limitcd to,
on-site visits by DEP Department staff limited scope audis as defined by 2 CFR 200.425. or other procedures. By
enterins into this Agreement. the recipient agre€s to compl! and cooperate uirh any monitoring procedures/processes
deemed appropriate by the Depanment of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit ofrhe recipient is appropriate. the recipient agrees to comply with iury
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with anv inspections. revre$s. inlestigations. or audits deemed necessary by the Chief
Financial Oflicer (CFO) or Auditor General.
\UDll'S
P.{R'l l: FEDER,\LLY Ft \DED
This part is applicable ifthe recipient is a State or local govemment or a non-profit organization as defined in 2 CFR
$200.330
A recipient that expends $750,000 or more in Federal awards in its fiscal year. must have a single or program-
specific audit conducted in accordance with the provisions of2 CFR Part 200. Subpart F. EXHIBIT I to this
.{.nachment indicares Federal funds au arded through the Department ofEnvironmental Protection by rhis
Agreement. In determining the federal awards expended in its fiscal )ear. the recipient shall consider all
sources of federal awards, including federal resources received f'rom the Department of Environmental
Protection. The determination of amounts of federal auards expended should be in accordance rvith the
guidelines established in 2 CFR 100.502-503. An audit ofthe recipient conducted by the Auditor General in
accordance rvith the provisions of2 CFR Pan 200.5l1uill meet rhe requiremenrs ofthis part.
For the audit requirements addressed in Part I. paragraph I . the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-513.
A recipient that expends less than $750,000 in tbderal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200. Subpart F-Audit Requirements. If the
recipient expends less than $750.000 in federal au ards in its fiscal )ear and elects to hare an audit conducted
in accordance uith the provisions of2 CFR 200. Subpan F-Audit Requiremenrs. the cosr ofrhe audir must
be paid fiom non-fbderal resources (i.e., the cost of such an audit must be paid fiom recipient resources
obtained liom other fbderal entities.
The recipient may access information regarding the Catalog ofFederal Domestic Assistance (CFDA) via the
internet at lr"*"rv.cfd a.eov
l
BGS-l)l f:i-lli
.{ttachmetrt 5
lof6
r.\r\JJ Ll ll I,l
t.
2.
3.
P\RT II: S-1.{TE tt \DED
ln the event that the recipient expends a total arnount of state financial assistance equal to or in excess of
$750,000 in any fiscal year ofsuch recipient (fbr fiscal years ending June 10. 2017. and thereafter), the
recipient must have a State single or project-specillc audit tbr such fiscal )-'ear in accordance with Section
115.97. F.S.: Rule Chapter 6Sl-5. F.A.C.. State Financial tusistance: and Chapters 10.550 (local
gover nental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofrhe Auditor General.
EXHIBIT I to this form lists the state financial assistance arvarded through the Department ofEnvironmental
Protection bl this agreement. In determining the state financial assistance expended in ils fiscal year. the
recipient shall consider all sources of state financial assislance. including state financial assistance received
hom the Depanment of Environmental Protection. other state agencies. and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources receiled by a
nonstate entit-v for Federal program matching requirements.
ln connection *'ith the audit requirements addressed in Part ll. paragraph I : the recipient shall ensure that the
audit complies with the requirements ofSection 215.97(8), Florida Statutes. This includes submission ofa
financial reporting package as defined by Section 215.97(2). Florida Statutes. and Chapters 10.550 (local
goremmental entities) or 10.650 (nonprofit and tbr-profit organizations). Rules ofthe Auditor General.
Ifthe recipient expends less rhan $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30. 1017. and thereafter). an audit conducted in accordance with the provisiom of Section 215.97.
Florida Statutes. is not required. [n the event that the recipient expends less than $750,000 in state financial
assistance in its fscal year, and elects to have an audit conducted in accordance with the provisions ofSection
2 15.97. Florida Statutes. the cost ofthe audit must be paid from the non-state entiLv's resources ( i.e.. the cost
ofsuch an audit must be paid Aom the recipient's resources obtained liom other than State entities).
For information regarding the F lorida Catalog ofState Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Acl $'ebsite located at hnps://aops.fldfs.com/fsaa for assistance. ln addition to the
above websites. the follor,r'ing websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.uvwelcome/index.cftn, State of Florida's website at hnp://www.myflorida.com/,
Dcpartmenl of Financial Services' Website at http://www.fldfs.conL/and the Auditor General's Website at
http://www.myfl orida.con/audeen/.
I'tRT Ill: ()THER ,rt'DIT REQI'lREllE\TS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awdrding entity
lhat are solelv a matler ofthqt Stdre q*-arding entitv's polict (i.e., rhe audit is not required bv Federal or State lavs
qndis nol in conllictn'ilh ofiet Federal or &rrte audit requiremehtsl. Pursua to Section 21 5.97 (&, Florida Statutes.
State agencies may conduct or urrangefor audits o{Staefinancial dssistqnce thut qre in.tddition to audits con.lucted
in dccotdance wilh Section 215.97, Florida St.tlfies. In such an event. the State twarding agency must drrdnge for
.linding the .full cost of such a itional audits.l
l'\RT l\ : Rt.POlt I \t BlllsslO\
Copies of reporting packages for audits conducted in accordance r.r'ith 2 CFR Pan :00. Subpart F-Audit
Requirements. and required by PART I ofthis form shall be submitted. when required by 2 CFR 200.512. by
or on behalfofthe recipient direcrly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.5 I:
l
B(;S-D[P 55-] l5
AttachmeDt 5
2of(r
revrscd l:/lilrolo
This pan is applicable if the recipient is a nonstate entiq as defined by Section 2 15.97(2). Florida Statutes.
A. The Fedenl -{udit Clearinghouse designated in I CFR \200.501(a) (the number ofcopies required by
2 CFR \200.501(a) should be submitted to thc Federal Audit Clearinghouse). at the following address:
l
B-v Mail
Federal Audit Clearinghouse
Bureau ofthe Census
l20l East loth Street
Jeffenonville. IN 47 I 32
Submissions ofthe Single .!tudit reporting package for fiscal periods ending on or after Januar], l.
2008, must be submitted using the Federal Clearinghouse's lntemet Data Entry System which can
be found at http://harvester.census.sov/facweb/
Copies offinancial reporting packages required by PART II ofthis Attachmont shall be submitted by or on
behalfofthe recipient directly to each ofthe following:
A. The Department ofEnvironmental Protection at one ofthe fbllowing addresses
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of lnspector General. MS .10
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Electronicalll:
FDEPSinsleAudit@dep.state.fl .us
B. The Auditor General's Office at the following address
Auditor General
Local Go!emment Audits'i.12
Claude Pepper Building. Room .10 |
I I I West Madison Street
Tallahassee. Florida 32399-1.150
The Auditor General's websirc (http://flauditor.sov/) provides instructions for filing an
electronic copy ofa financial reponing package.
Copies ofrepons or management letters required by PART tll ofthis Attachment shall be submitted by or
on behalfofthe recipient directly to the Department ofEnvironmental Protection at one ofthe following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Ollice of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee- Florida :12399-1000
Electronically:
FDEPSinsleAudit@dep.state.fl .us
An) repons. m.rnagement leners. or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitred timely in accordance u.ith 2 CFR
200.512. section 215.97. F.S.. and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and
for-profit organizations). Rules ofthe Auditor General. as applicable.
-t
B(;S-I)FP ii-. r <
.\ttachment 5
iof6
r.\ri.J ll l4:rrl1,
5 Recipients. uhen submitting financial reporting packages to the Department ofEnvironmental Protection for
audits done in accordance with 2 CFR 200. Subpart F-Audit Requirements, or Chapters 10.550 (local
govemmental entities) and 10.650 (non and tbr-profit organizations), Rules ofthe Auditor General. should
indicate the date ard the repofiing package uas delivered to the recipient correspondence accompanf ing the
reponing package.
I'.\RT \': RECORD RETE\TlO\
The recipient shall retain sufficient records demonstrating its compliance with the tenns of the award and this
,Agreement for a period of five (5) years fiom the date the audit report is issued. and shall allou the Depanment of
Environmental Protection. or its designee. Chief Financial Officer. or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Depanment ofEnvironmental
Protection. or its designee. Chief Financial Ofncer. or Auditor General upon request for a period of three (3) years
liom the date the audit report is issued. unless extended in writing by the Department ofEnvironmental Proteoion.
B( is-t)uP 55-:1i
.{ttachment 5
4 of6
rc!rscd l2ll,l/20:0
EXHIBIT - I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS ACREEMENT CONSIST OF THE FOLLOWING:
,1,: tdl tas rnrcts ot urdLcl
lhc same tt*nner as shotn below:
lDt dtll.\hal|' tt)ktl stLttt t'ftt)ut-L'ls utt(ndcd
l'cderal Resourccs Awnrdcd to thc Rcripienf Pumuant to lhis Aglecnrcnt ('orlsist of thc Following:
Fcderal
Program
A Fedcral Agency
CFDA
Number CFDA'I'itIC Funding,,\moult
State
Appropriation
Category
t'
Fcderal Agency
C'FDA
Number ('Fl)A'l irle Funding Amoun(
St.ltc
Appropriation
C'a1egory
s
l'cderal
Program
A
First Compliance requirement (what scn,iccs ol'purposcs rcsourccs rnusl bc uscd li)r)
Second ( onrplialrcc rcqtrirement: i.c :(cligihilitl rcqLrircntcnl li)r rccipicots ol lhc rcsourccs)
Iitc
Federal
Program
B
First Compliance requi rement (whal ser\iecs ol-puqroscs rcsourees rnr)s! bc usc(l li),
Second (irrrrpliance requirement: i.c.:(cligibilirt rcquircrncnr lbrrcciDiqnlsoflhe rcsourccs)
lll c
Irtc
Stntc Resou!'(cs Arvardcd to the llecipicnt Pul.su{nt to this Agreemonl ('onsisl of thc Follo*ing Matching Resourres for l-ederal Progrilms:
Fcderal
Pr0gram
Fedcral Acency CITDA CFDA I itlc Funding.\mount
State
Appropriation
Catesory
Attach ment 5, !lxhibit I
5 of6
l'ederal
Program
B
]-
I
lltc.
Federal
Progrrnr
B Fedcral Agency CFI)A ( lrl)A Iitlc lrlrn(linq An)r)unl
State
Appropriation
('atecory
-
-
al ussistunca orurdael that is sub tcl lo sc.tiltl 215.9-i...s
State Resourccs Awarded to the Recipient Pursuant to this Agrccnrent ('onsist of thc Following Rcsou rces Subiect to Scction 215.r)7, l',S.:
Slalc
Progranr
State Awardina Asencv
State
Fiscal Yearr
(.SFA
Number Funding Source Description
( SlrA fitle
F'undinA Anrounl
State
Appropriation
Category
Original
Agreenrcnt
(ieneral Appropriations Act
Line ltem 1754 Fixed
Capital Outlay Florida
Recreation Development
Assistance (irants liom
La.nd Acquisition l'rust
Fund
:0ll-l{)l.l r7.0l7 Florida Recreation Development
Assistance Program $200.000.00 ll0(n)l
E
'l()tal A$urd $100.000.(n)
For each program identified above. the recipient shall cornply wilh the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and/or the Florida Catalog ofState Financial Assistance (CSFA) lhttps://aoos.fldfs.com/fsaa,/searchCatalos.asox]. and State Projects Compliance
Supplement (Pan Four: State Projects ('ompliancc Supplenrent [hlQsl@DsJdfs.com/fsaa/stateJroiect compliance.aspxl. The services/purposes tbr which the
t'unds are to be used are included in the Agrecmcnt's Grant Work Plan. Any nratch required by the Recipient is clearly indicared in the Agreement.
I Subject to change by Change Order
Attachment 5. Exhibia I
(rof6
_______
STATE OF FLORIDA
DEPARTNIENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
ATTACHMENT 6
l. Project Submittal Forms.
Administrative Forms, Reimbursement Forms. and Guidelines referenced in this Agreement mav be found at
https: floridadcp.eo\"lands,land-and-recreation-qrants content AdaD-assjstancc. or by contacting the Department's
Grant N,lanager.
2. Notice to Commence.
Prior to commencement ofthe Project, tl)e Grantee shall submit to the Department for approval all documentation and
completion of responsibilities listed on the Commencement Documentation Checklist, DRP- 107. Upon satist'actory
approval by the Department, the Department will issue written "Notice to Commence" to the Crantee to commence
the ltoject The Grantee S H-{LL NOT Droceed utrtil the DeDartment issues the "-\-otice to Commence." L ntil
the Departrnent issues the 'Notice to Commence." the Department is not obligated to pay or reimburse Grantee for
fees. costs. or general expenses of any kind that u,ere incurred prior to the "Notice to Commence." except for Pre-
-{greement Expenses as more fully described in subsection 62D5.05.1(34). F.A.C.
3. Site Plans.
Project site facilities must be attractive for public use and compatible u,'ith the envircrunent. Plans and specifications
lbr Project site improvements and facilities must be in accordance u'ith current enginee ng and architectural standards.
The Crantee should emphasize the health and safery- ofusers. accessibilit) to the general public. and rhe protection of
the recreational and natural values of the area. The Grantee ma)' alter a conceptual site platr only after written
approvaI by the Department.
The Crantee shall have final site plans (site. engineering. and architecturall prepared for the Project and sealed by a
registered architect or engineer licensed in accordance with the laws ofthe State ofFlorida lcollectively the 'Projecr
Plans"). The Grantee must deliver a complete original. signed. and sealed set of the Project Plans to the Department
before the Department will issue final reimbursement.
,1. ProjectCompletion.
All uork under this Agreement must be completed no later than 60 days before the expiration date ofthe Agreemenr.
knoivn as the "Project Completion Date." The Department may require the Grantee to do additional rvork before
designating the Project "complete." Ifthe Project has not been designated as complete by the Department by midnight
of the Date of Expiration. the Project fLurds will revert to the revenue fund from uhich they were appropriated
(paragraph 62D-5.058(7Xa). F.A.C.).
5. Project Completiorl Certilication.
To certify completion, the Grantee will submit to the Department the Project Completion Cedification. DRP- I 12,
available online and incorporated herein by reference. The Project must be designated complete prior to the
Department releasing flnal reimbursement. The Department shall designate the Project complete upon receipt and
approval of all deliverables and \ahen Project site is open and available for use by the public for outdoor recreation
purposes- The Department will release the retainage when the Department approves the Completion Documentation
set forth in paragraph 62D-5.058(7Xd). F.A.C. The final payment ofthe retained amount will be processed uithin
thin)* (30) da)'s olthe Project designated complete by the Deparrment.
The follorving modifies paragraph 8.d- Attachmenr l. Standard Terms and Conditions
Reimbursenr ent for Costs.
Project Costs rlill be reimbursed as provided in paragraph 62D-5.058(2Xa). F.A.C.. ard in the pro.ject Agreement.
The Grantee is eligible tbr reimbursement. in whole or in part. fbr Department-approved Pre-Agreement Expenses
6
a
,{ttachment 6
I ofl
Re! li/1912021
and. if applicable. costs associated with Retroactive Projects, through the Project Completion Date of this
Agreement. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the
completion. subminal, and approval ofeach delirerable identified in the Grant Work Plan. Reimbursement shall
be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet
all FRDAP requirements. financial reporting r€quirements, and rules and regulations applicable to expenditures
of state funds. including. but not limited to. the Reference Guide for State Expenditures. *hich can be accessed
at the following rveb ad&ess:
m,/Division/AA,Manualsid
Pre-Aqreement Expenses. Pwsuant to subsection 62D5.054(34). F.A.C., Pre-Agreemenl Expenses means
expenses incurred by a Grantee for accomplishment ofan eligible FRDAP project prior to full execution of
the Project Agreement. Panies herebl acknowledge and agree. Grantee is entitled to submit for cost-
reimbursement eligible Pre-Agreemenl Expenses. which are expenses Grantee incurred for the
accomplishment ofthe Project prior to full execution ofthis A$eement.
7. The following is added to paragraph 8, Attachment l. Standard Terms and Conditions:k. Proiect Costs. The Department will reimburse Project costs pusuant to paragraph 62D-5.058(2Xa). F.A.C.. and
as provided herein. Project costs, exc€pt for Pre-Agreement Expenses. shall be incuned between the effective
date of the Agreement, and the Project Completion Date as set fonh in the Project Completion Cenification
determined and identitied herein. Ifthe total cost ofthe Project exceeds the grant amount and the required match
(ifapplicable). Grantee must pay the excess cost.
l. Cosr Limits. Pursuant to paragraphs 62D-5.05E(2)(a) and (b). F.A.C.. project planning expenses, such as
application preparation, surveys (boundary and topographic), title searches, project signs, architectural and
engineering t'ees. permining fees, project inspection fees, and other similar fees are eligible Project coss provided
that such costs do not exceed fifteen percent ( I5olo) ofthe total Project cost.
E. The follorving hereby replaces paragaph 8.h. Attachment l, Standard Terms and Conditions:h. Annual Aopropriation Contineencv. The State's performance and obligation to pav under this Agreement is
contingent upon an annual appropriation fiom the Recommended Application Priority List by rhe Florida
Legislature. Authorization for continuation and completion of work and any associated payments may be
rescinded. with proper notice. at the discretion of the Department if the Legislature reduces or eliminates
appropriations. h is further understood that Grant Awards mal be revised by the Depanment due to the
availabilit_v of FRDAP program funds.
9. The tbllowing replaces paragraph 10. Anachment I. Standard Terms and Condirions:
Strtus Reports.
a. The Grantee must utilize. Prqject Status Repon Form. DRP-109, available online and incorporated herein by
reference, to describe the work performed during the reporting period. problems encountered. problem
resolutions. schedule updates and proposed work for the next reporting period. The Project Status Repons musr
be submined to the Department's Grant Manager no later than January 5. NIay 5. and September 5. The
Department's Crant Manager has thirty (30) calendar days to review the required repons and deliverables
submitted by the Orantee.
b. Additionally. the Grantee shall comply *ith the reponing and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recrealion Plan (SCORP).ar ailable online: h(tns: florrdadco.sor oarksiflorida-scom-
outdoor-recreation-fl ori da and hereby incorporated by reference, by updating the Florida Ourdoor Recreation
Inventorv (FORI) svstem //floridad
10. Site Dedicatior.
a. Land owned by the granlee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an
outdoor recreational site for the use and benefit ofthe general public in accordance with Rule 62D-5.059. F.A.C.
Land under control other than by ounership of the Crantee such as by lease. must be dedicated as an outdoor
recreation area for the use and benellt ofthe general public for a minimum period of twent_v-five (25) ],ears fiom
the Project Completion Date as set fonh in the Pro.ject Completion Certificate. The dedications must be recorded
in the county's public property records by the Grantee. Execution ofthis Agreement by the Depanment constitutes
an acceptance of a hoject site(s) dedication on behalf ofthe general public ofthe State of Florida.b. Should the Grantee's interest in dre land change, eitherby sale, lease. orother*ritten legal instrument, the Crantee
is required to notifu the Department in writing ofthe change no later than ten ( l0) days after the change occurs.
Attachmeot 6
Re! ul9ll)ll
Iof3
and the Grantee is required to notify all subsequent parties with interest to the land ofthe terms and conditions as
set forth in this Ageement.
ll. Matragement of Project Sites.
a. Site Inspections. Grantees mustensure by site inspections that facilities on the Project site are being operated and
maintained for outdoor recreation for a minimum period of h{ent_v-tive (25) years from the Project Completion
Date set forth in the Project Completion Certificare. The Project site must be open at reasonable times and must
be managed in a safe and attractive manner.
b. Non-Compliance. The Department \a'ill terminate an agreement and demand retum of the program funds
(including interest) for non-compliance ifa Grantee fails to comply with the terms stated in with the Agreement.
If the Grantee t'ails to comply the Agreement. the Department sill declare the Grantee ineligible lbr funher
participation in FRDAP until such time as the Grantee comes inro compliance.
c. Public Accessibilitv. All facilities must be accessible to the public on a non-erclusive basis. u ithour regard to
age, sex, race, religion, or ability level.
d. Entrance Fees. Reasonable differences in entrance fees tbr other FRD,\P projects may be allou,ed on the basis
ofresidence. but only if the Grantee can clearly show that the dillerence in entrance fees retlects. and is
substantially related to. all economic factors related to park management, and it is not simplv related to the
amount oftax dollars spent by the residents for the park: and that a definite burden on the Crantee in park
maintenance costs clearly justifies a higher fee for nonresidents.
e. Native Plantinqs. In developing a FRDAP project \a'ith progam funds. the Granree must primarily use
!egetation nati\ e to the area, except for lawn grasses.
i The Grantee u ill obtain Depanment approval prior to any current or fut[e development off'acilities on the Project
Site(s). which is defined in subsection 62D-5.054(,16). F.A.C. This Agreement is not rranst'erable.
12. Procuremetrt Requiremetrts for Grantee.
The Grantee must secure all goods and services tbr the Project according to its adopted procurement procedures.
13. Signage.
The Grantee mu$ erect a permanent information sign on the Project site that credits funding (or a ponion thereo0 to
the Florida Department of Enl'ironmental Protection and the Florida Recreation Development Assistance Program.
The sign must be made ofappropriate materials. which are durable for a minimum oftwenty-five (25) years after the
Project is complete. The sign must be installed on the Project site and approved by the Department belbre the
Department processes the final Project reimbursement request.
15. Conversion.
The Project Site acquired and/or developed $ith FRDAP assistance must be retained and used for public outdoor
recreation. Should the Crantee, rvithin the periods set fonh in subsections 62D-5.059( 1) and (2). F.A.C.. convert all
or part ofthe Project site to otler than public outdoor recreational uses. the Grantee must replace the area- facilities.
resource. or Project site at its o\an expense with an acceptable project ofcomparable scope. and qualiq.
Rr\ 8 19lr)lI
.{ttachment 6j of3
l,l. Termination and Ioeligibilit"v.
In addition to the remedies provided elsewhere in this Agreement, ifthe Grantee fails to comply with the terms stated
in this Agreement or with an1 provisions in Rule Chapter 62D-5. F.A.C.. the Department uill terminate this
-A.greement and demand retum ofthe program funds (including interest). Furthermore, the Depanment u,ill declare
the Grantee ineligible for flrther participation in FRDAP until the Grantee complies. Further, the Grantee agrees to
ensure that all necessar,v permits are obtained prior to implementing any Grant Work Plan activity that may f'all under
applicable federal. state. or local la\\'s.
F krrirll De;lartrnent ol' Fl,nviron nrcntal l)rotection
Exhibit A
Land and Water Conservation Fund Program
Florida Rccreation Development Assistancc l,rogram
Project Status Report
llcquircdSignaturcsi AdobeSignrtura
Pro.lect Name Pro.iect Nunrber
ldentify printary and sr-rppo( rcorcation areas and I'acilities to be constructed. (507o oftotal costs must be in primary facilities).
PROVIDE PHOTOS OF WORK IN PROGRESS
PRIMARY FACILITIES/ELEMENTS:
Project Elenrents Work Accomplished % Completed
DRI'- I09 (EII'ective 05-22-20I5)Pagc I of3
Pro.iect Sponsor:
ST]PPORT FACI L ITIES/ELEMENTS:
Proiect Elements Work Accomplished 7o Completed
I'ROBLEMS ENCOIINTERED:
Period Covered (Check Appropriate Period):
I,IAISON:
S ignature
DRP- I09 (Efibctive 05-22-20I5)
January through April:
Ma1' through August:
Septcmber through Deccmber:
Due Ma1 5'r'
Due Septenrber 5'r'
Due Jtnuary 5tl'
l)ate
Pagc 2 of2
Florida Department of Environmental Protection
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
RequiredSignaturelr: .\dobeSigtreture
Date
Grantee
Billing Period:_
DEP Division:
Project Name and Number
Billing #:_
DEP Program:_
Project Costs This Billing Cumulative Proiect Costs
Contractual Services
DRP-I I6
Grantee Labor
DRP-I I7
Emplol ee Bcnefits
\ Y' of Salarics )
Direct Purchases: Materials & Supplies
I)R P- I l8
(Jrantee Stock
DRP- I20
Equipment
DRP-II9
Land Value
Indirect Costs
( I 57o of Grantee Labor)
TOTAL PROJECT COSTS $0.00 S o.oo
Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available tbr audit upon request.
Project Financial Officer
DRP- l l5 (Eft'ective 06-19-2015)
Date
Page I ()1 l
CERTIFICATION: I hereby certit,v that the above expenses uere incurred for the work being
accomplished in the attached progress reports.
Project Administrator
CITY OF DANIA BEACH, FLORIDA
DANIA BEA(H
Str tI lrrf II lOrE lI
MULLIKIN PARK IMPROVEMETS
ctTy INVITATION TO BrD (*ITB.') NO.24-018
ADDENDUM I
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
JANUARY 26.2024
CITY OF DANIA BEACH. FLORIDA
INVITATION TO BID FOR*MULLKIN PARK IMPROVEMENTS"
tTB 24-018
ADDENDUM I
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS.
ADDITIONS. DELETIONS. CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITA'IION.
WHICH IN ACCORDANCE WITH THE CONTRACT DOCI'MENTS SHALL BECOME A PART
OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.l. Updated Plan Sheets:
a. Asphalt hatches have been revised for clarification on the Site Plan, Paving and
Grading Plan, and Water Plan.
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SITE PLAN
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PAVING AND
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CITY OF DANIA BEACH, FLORIDA
DANIA BEA(II
str [ [-f|f fl rovf tT
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID (*lTB.") NO.2,l-018
ADDENDUM I
Prepared by:
Ciry of Dania Beach. Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
August 6,2024
CITY OF DANIA BEACH. FLORIDA
INVITATION TO BID FOR.MULLKIN PARK IMPROVEMENTS"
ITB 2J-OI8
ADDENDUM 1
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS.
ADDITIONS. DELETIONS, CLARIFICATIONS. ETC. RELATIVE TO THE SOLICITATION.
WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART
OF AND HA\'E PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.L Updated Bid Form reflecting an increase in quantity for conduit related items.
Kimley>Horn
BID FORM
City of Danra Beach , Mullikin Park
Date 7 t34t2024
Mobilization/Demobili.ation 1
Maintenance ofTraffic I L5
Storm Water Pollution Prevention Plsn Ls
Clearing and Grubbin&/Demolition 1 5
1 6
Enimat.d
Quantity
o6criptionIte.fi No,
trc.vation for Dry Retention Area/Eacmll CY
5 rt. concrete Sidewalk (4in)5Y
8 slab conc.ete {4 in)25 SY
1l Pavilion Slab conrete (4 in with Rebar)2A SY
10 EA
11 5 EA
t2 10 B Black v nylcoared chain Link fence 360
1l 5' H X 4'Wide Slack vinylCoated Ch.in Litrk BarketbattCoun Gare 2 EA
IJ 4 H Elack VinylCoated Chain Link Fence 7to
15 4 H x 12' Wide Elack VinylCoated Chain Link Maint€^ance Gate L EA
16 4' H X 5'Wide Black vinyl Coated Chain Link P€destrian Gate 2
17 Playsrosnd Equipment (inc. sitework)'I L5
L8 Exercis€ Equiprn€nt (inc. sitewo ).1 t5
19 1 EA
20 SmallPavilion Shelter (inc. s(ework, labor, & innallation).'I EA
2t Basletball Co!n a.d €quapment 1 L5
23 145
:!5/S Water Mete., Meter Eor, RPZ 1 EA
75 6"x1" Tap t EA
26 1" R€silient 5eated GateValve 1 EA
27 1 EA
2A Drinking Fountain and Drywell 1 EA
rnteg.ared Solar Light fixtu.e (lncludes Pole, Luminaare, Solar Panet & Balrery)9
EA
5G Rolte.I EA
2041Pole, NEMA 3R Fused Disconnect Switch 1 EA
,12 AWG Coppe. Csductor l5
CAT 6 Gble 1,200
1,204
3/4" Pvc sched ule 40 Condu it 1,210
trnds.qa
37 I Ls
5 EA
Crap€ Myrtl€, 'IuskeSee', 2" cal, 10'HT 3 EA
Silver Buttonwood, 2'cal, t0' HI 2 EA
Floratam 51. Augustine Grass 19,500 5F
42 lrigation - Roto.s and Bubblers 19,500 5F
4l Permittint and FPL Allowance I
Gener:l Requ nements (bonds, iniu.ance, etc.)I L5
UlE Udt ftlc.
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200
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TOTAL BIO AMOUNT S
'Playgrcund equFmentand exercise equpmenl have been purchased bylhe City oi Danla Beach ulrcugh a drecl purctase o.der wih the specried vendor Co.lracro.
shallexciude ihe unit pnce dellver, and nstallation of tt'e equpmentfrm the bld Contraclor ls.espons ble forprpaing the site fo. the vendorto instalr he equipmenl
per the manutactureis specincations_SmallPalioi sheher has been purcnased by ihe Crty ol Dan6 Beadr through a dteci pur€*lase oder wdh be specined ve.dor. Cont-actn shallexclude the unt pnce
and delivery or lhe equ Dmenl lrom the bd Conbactor s rcsponsDle 1or lhe mstallaiion or bie equpment per ihe manufaciurc/s specilications.
pe 2ot2
llam tlo.D€scription vileUlt Unit Prke
CITY OF DANIA BEACH, FLORIDA
DANI^ BEA(II
5{r I LrE n tovE fi
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID ("lTB.") NO.2,l-018
ADDENDUM 3
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
August 9,2024
CITY OF DANIA BEACH, FLORIDA
INVITATTON TO BID FOR*MULLKIN PARK IMPROVEMENTS"
ITB 24-018
ADDENDUM 3
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS.
ADDITIONS. DELETIONS. CLARIFICATIONS. ETC. RELATI\'E TO THE SOLICITATION.
WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART
OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE.l- The deadline for submission of bids has been extended to 1:00 p.m. on August 16,2021.
CITY OF DANIA BEACH, FLORIDA
DANIA EEACHttr I utf r IO}! lT
MULLIKIN PARK IMPROVEMETS
CITY INVITATION TO BID ("ITB.") NO.24-018
ADDENDUM.T
Prepared by:
City of Dania Beach. Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
August 9,2024
CITY OF DANIA BEACH. FLORIDA
INVITATION TO BID FOR*MULLKIN PARK IMPROVEMENTS"
ITB 2{.OIE
ADDENDIIM T
OUESTIONS AND ANSWERS
I . At the pre-bid site meeting, the city mentioned that the playground equipment, shade system,
pavilion, and fitness equipment will be purchased by the City of Dania Beach and installed by the
contractor. Please confirm.
Response: Playground equipment. shade system. and exercise equipmenl have been purchased by
the City of Dania Beach tkough a direct purchase order with the specified vendor. Contractor
shall exclude the unit price, delivery, and installation ofthe equipment from the bid. Contractor is
responsible for preparing the site for the vendor to install the equipment per the manufacturer's
specifications.
The small pavilion shelter has been purchased by the City of Dania Beach through a direct
purchase order with the specified vendor. Contsactor shall exclude the unil price and delivery of
the equipment from lhe bid. Contractor is responsible for the installation ofthe equipment per the
manufacturer's specifi cations.
2. Is the City of Dania Beach purchasing the artificial turf and the contractor to install it?
Response: The City has purchased th€ artificial turf. Contractor shall exclude the unit price,
delivery. and installation ofthe artificial nrrf from the bid. Contractor is responsible for preparing
the site for the vendor to install the anificial turf per the manufacturer's specifications.
3. Drawing No. C500 calls out for a new l " water line with a new meter for the new water
fountain. Is there an existing dedicated water line for the irrigalion system, or is the design to
connect Io the new water service?
Response: The plans call for connecting to the existing water meter and replacing the backflow.
The plaas also call for a new controller and rain sensor utilizing the existing electrica.l
connection. Ifthe Contractor finds this melerto not be viable, then a new connection may be
needed (which is covered in notes on the plans).
4. Drawing No. C600 call out for Five (5) camera locations. Does the City have a preferred low
voltage company they would like the bidders to use?
Response: There are (4) proposed cameras: please refer to C6l0 for equipment detail provided by
City of Dania Beach.
5. Are the cameras designed to be mounted on the solar power light poles or are they designed to be
mounted on a separate pole?
Response: The security cameras are to be mounted to the same pole as the solar lighting syslem.
6. The Player Bench. manufactured by Park Warehouse, as per Detail E/C402, is provided in
several lengths from 6' to 24'. Please clari! which length is to be used.
Response: The Player Benches were requesled by the City to be 8' with backst they are drawn to
scale on the plans.
7. FP & L transformer location?
Response: The electrical design ties into the existing electrical service after the meler. No utility
transformer / FPL coordination is anticipated.
8. Plans show existing pole with pull boxes. ls this existing or new?
Response: More clarification is required. Ifthis is in reference to the callout "Existing power pole
with electrical service equipment to remain." the pole will indeed remain.
9. ls the General Contractor responsible for providing the "Cradlepoint E3000 Router" ???
Response: No.
10. Is the General Contractor responsible for providing the Cameras ?............and ifyes, then please
provide the specification(s) for the cameras and equipment.
Response: Yes, please refer to C6l0 for equipment detail "Security Camera" provided by City of
Dania Beach.
I l. Please provide cladfication as to the correct height required for the perimeter fencing at the
Basketball court ? Wesee l0'-0" black vinyl coated fence on the bid form, however. it does not
indicate if it is at the basketball court.
Response: l0'-0" black vinyl coated fence is requircd around the basketball court, as labeled on
sheet C 100.
12. Another bid form line item shows a 6'-0" high black vinyl coated gate at the basketball coun
? would the gate and the fencing be different heights ??
Response: Correct, 6'-0" high gates ar€ required for the basketball court. There will be 4' of
continuous black vinyl fence over the top ofthe 6' high gates (to match the l0'-0" btack vinyl
fence surounding the basketball court).
13. Please, provide specifications for Concrete Base for Aluminum Poles.
Response: Detail sheet C6l I provides specifications for the concrete foundation including but not
limited unit weight, c ratio, compressive strength, and more.
14. Please, double check or confirm CAT-6 Cable length (600 LF).
Response: The POE ethemet connections (CAT-6) at the cameras must be within 300 ft ( 100
meteB) ofthe network device that connects them. This means that if2 cameras are connected
tfuough the same conduit route. the longest that route can be is 300 ft total; we have 4 cameras so
then for (2) 300 ft runs, we are left with a total of600 ft. Ifthe contractor does not believe it is
possible to connect 2 cameras on the sarne route and still keep the total distance from the lasl
camera back to the network device under 300 ft (100 meters), then each camera can be connected
individually. Ifso, the distance ofthe (4) individual CAT-6 cable runs can each be 300 ft. or a
total of 1200 ft.
15. Please, indicate mounting height ofSecurity Cameras.
Response: l0-12 feet.
16. Please, provide UPS specifications.
Response: Electrical note *14 in the plans specifies the requirements for a UPS product in this
design.