Purchase of Restroom Trailer (Re-bid)

The City of Dania Beach, Florida, is soliciting bids from qualified vendors for the Purchase of a restroom trailer. The purpose of this solicitation is to procure one (1) fully equipped mobile restroom trailer to support public events and community needs. The trailer shall be new, event-ready, and compliant with all applicable federal, state, and local regulations, including the Americans with Disabilities Act (ADA).

Project Details

• Reference ID: 26-002
• Department: Public Services
• Department Head: Fernando Rodriguez (Director)

Important Dates

• Questions Due: 2026-03-05T20:00:34.888Z

Meetings & Milestones

Addenda

• Addendum #1 (released 2026-03-06T15:54:57.854Z) —

  Addendum 1 - Questions and Answers

• Addendum #2 (released 2026-03-09T16:09:43.490Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

• Addendum #3 (released 2026-03-17T20:31:31.541Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

• Addendum #4 (released 2026-03-25T20:04:48.924Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• SCOPE —
  1. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified Contractors (the “Contractor”), for a project known as “Purchase of Restroom Trailer (Re-bid)” to provide one (1) fully equipped 11-station, 10-stall ADA-compliant mobile restroom trailer to support public events and community needs. The trailer shall be new, event-ready, and compliant with all applicable federal, state, and local regulations, including the Americans with Disabilities Act (ADA).

     1. Submittal Requirements

     1. Bid submissions must include a schematic, manufacturer drawing, or rendering of the exact product proposed for delivery to the City.
     2. The schematic must clearly identify:
        • Restroom layout and stall configuration
        • ADA access features, including ramp and entry points
        • Overall trailer dimensions

     Failure to provide the required schematic may result in the bid being deemed non-responsive.

     2. Trailer Configuration

     1. The restroom trailer shall include a total of eleven (11) stalls, configured as follows:
        • One (1) ADA-compliant stall
        • Ten (10) standard stalls
     2. The trailer shall include three (3) separate restroom suites, each with its own exterior entrance:
        • One (1) ADA-compliant restroom suite
        • One (1) Women’s restroom suite
        • One (1) Men’s restroom suite
     3. All exterior doors shall be located on the streetside of the trailer.

     3. ADA-Compliant Restroom Suite

     The ADA-compliant restroom suite shall meet all applicable ADA requirements and include, at a minimum:

     • ADA-compliant sink
     • Counter/cabinet sink
     • Shatter-proof mirror
     • Porcelain toilet
     • Pedal-flush toilet mechanism
     • Grab bars
     • Adequate maneuvering clearances

     3.1 ADA Access Features

     • Space-saving, ADA-compliant wrap-around ramp
     • Aluminum stairs, where applicable
     • Entry design must allow safe and independent access

     4. Women’s Restroom Suite

     The Women’s restroom suite shall include:

     • Five (5) porcelain pedal-flush toilets
     • Appropriate sinks and mirrors

     5. Men’s Restroom Suite

     The Men’s restroom suite shall include:

     • Three (3) porcelain urinals
     • Two (2) porcelain pedal-flush toilets
     • Appropriate sinks and mirrors

     6. Minimum Technical Specifications

     The restroom trailer must meet or exceed the following minimum specifications:

     6.1 Capacity & Fixtures

     • Stations: ADA – 1, Standard – 10
     • Sinks: 5
     • Toilets: 8
     • Urinals: 3

     6.2 Water & Waste

     • Fresh water tank and pump: Minimum 400 gallons
     • Waste holding tank: Minimum 900 gallons
     • The toilet and sink each have individual shut-off valves

     6.3 Electrical & Power

     • One (1) to four (4) dedicated 120-volt, 20-amp circuits (will vary based on features)
     • 50-amp electrical plug
     • Air conditioning units

     7. Trailer & Mobility Requirements

     The restroom trailer shall include:

     • Built-in leveling jacks capable of stabilizing the unit on uneven surfaces
     • Spare tire
     • 2-5/16" trailer ball hitch
     • Road-ready construction suitable for frequent transport
     • Exterior keyed-alike locks on exit doors
     • Regular standard bathroom locks on the interior doors of each toilet 
     • Occupied and Vacant locks on all restroom doors
     • Gender signs set for doors
     • Exhaust Fans in Restroom Stalls

     8. Quality & Condition

     1. All materials, fixtures, and finishes shall be commercial-grade and suitable for high-traffic public use.
     2. The trailer shall be delivered fully operational and ready for immediate use upon acceptance by the City.
  2. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project.
  3. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so.
  4. Bids will be considered if submitted by qualified Contractors who have experience, including similar previous work in the provision of the requested services. Contractors offering full service will receive the highest consideration.
  5. Applicants should include the following items in the submitted Bid:
     1. Letter of Transmittal;
     2. Anticipated timeline to begin delivery of services;
     3. A breakdown of the costs for the delivery of services described above.
     4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the role of each person within the company.
     5. NOTE: The City expects those personnel listed to be those who will actually perform the Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the City’s representative or designee who is in charge of the Project.
     6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS), and it includes the following information:
        1. Name of each entity for which the work was performed;
        2. Brief description of the scope of work;
        3. Amount of initial contract award; and
        4. Name of contact person and contact information with the entity that can knowledgeably discuss your company’s performance.
     7. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and
     8. Any other information that the Contractor feels is relevant to assist the City in evaluating the Contractor’s qualifications.
     9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITB, taking into consideration experience, staffing, equipment, materials, references, and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid, and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties.
     10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder that 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.
• INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS —
  1. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the project’s Q&A in the portal by Thursday, March 5, 2026 at 3:00 pm. Questions received after this time will not be addressed.
  2. For information pertaining to this ITB, Bidders shall submit questions to the portal. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum.
  3. Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect.
  4. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City for this Project.
  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.
  6. Bidders shall use the Bid Document Forms furnished in the ITB.
  7.  In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail.
  8. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents and the Agreement upon award to the successful Bidder.Thursday, March 5, 2026

  3:00 pm

• NO BIDS OR PROPOSALS —

  If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason.

• CAUSES FOR REJECTION OF A BID OR PROPOSAL —
  1. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the solicitation may result in rejection of the bid or proposal.
  2. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or submitting proposals on any future bids or proposals for work, for goods, or for services for the City.
• BID SECURITY —
  1. Bid Security: Simultaneously with the delivery of an executed Bid to the Owner, the Bidder shall furnish to the Owner a Bid Security in the amount of 5% of the proposed pricing as security for the faithful execution of an Agreement with the Owner in the event of a bid award by the City Commission.
  2. Bid security may be in the form of a cashier's check payable to the City of Dania Beach and drawn on a Florida bank, or a Bid Bond (see attachments) issued by a surety meeting the qualifications stated in these Instructions to Bidders. Cashier’s checks must be received by the Procurement Division before the bid submission deadline at the address noted on the title page. Bonds shall be submitted on the forms provided by the Owner. Bonds shall be returned subsequent to award of the Agreement by the City Commission and execution by the successful Bidder and the appropriate City officials. If the Bidder fails to submit the required executed agreement within fourteen (14) calendar days after an award, the Bidder agrees that the City may retain the bid security deposit as the City’s liquidated damages. 
  3. Failure of the successful Bidder to execute an Agreement, to furnish Performance and Payment Bonds when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Bid shall be just cause for the rescission of the agreement award and the retention of the Bid Security deposit by the Owner. Such retention shall be considered not as a penalty, but as liquidation of the claims of the Owner for damages it sustained, which are not otherwise readily ascertainable. Award may then be made to the next ranked Bidder, or all Bids may be rejected.
• Purpose —

  The purpose of this solicitation is to find a qualified vendor to provide a fully equipped 11-station ADA-compliant restroom trailer with 10 stalls to support public events and community needs.

• GENERAL CONDITIONS —
  1. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. 
  2. Documentation: Bidder shall submit in its bid the following:
     1. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations;
     2. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and
     3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this reference. 
  3. Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB.
  4. No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract.
  5. Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City’s request.
  6. General Conditions: The agreement to be awarded will be subject to the provisions of the United States Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach.
• QUALIFICATION OF BIDDERS —
  1. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non-responsible.
  2. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance.
  3. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons:
     1. Reason to believe that collusion exists among the Bidders.
     2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years.
     3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract.
     4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified.
     5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s office shall determine the timeliness of the Bid. 
  4. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: 
     Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources.
     The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work.
     The appearance of an unbalanced Bid, as determined by the Owner.
     If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. 
     If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project.
  5. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for any of, but not limited to, the following reasons:
     1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents.
     2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents.
• SPECIAL CONDITIONS —
  1. Any and all Special Conditions contained in the solicitation that may be in variance or conflict with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety.
  2. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the solicitation and the awarded agreement. 
• BILLING PROCEDURE —

  The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. 

  City of Dania Beach Finance Department
  Attn: Accounts Payable
  100 West Dania Beach Boulevard
  Dania Beach, Florida 33004

  with a copy to:

  City of Dania Beach Public Services Department 
  Attn: Fernando Rodriguez
  100 West Dania Beach Boulevard
  Dania Beach, Florida 33004

  The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices.

  As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications.

• PUBLIC ENTITY CRIMES STATEMENT —

  A person or affiliate who, or which has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference.

• PROGRESS PAYMENTS —

  The Contractor may requisition payments for work completed during the project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with properly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in the Contractor's current and previous applications for payment and any other supporting documentation as may be required by the City or Contract Documents. The City shall make payment to the Contractor within thirty (30) calendar days after approval of the Contractor's requisition for payment.

  Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally completed as specified and accepted by the City. 

  The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 

  1. Defective work not remedied.
  2. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 
  3. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor.
  4. Damage to another Contractor not remedied.
  5. Liability for liquidated damages that has been incurred by the Contractor.
  6. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum.
  7. Reasonable evidence that the work will not be completed within the Contract Time.
  8. Persistent failure to carry out the work in accordance with the Contract Documents. 

  When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part.

• PRICES, TERMS ARE TO BE FIRM —
  1. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the solicitation opening.
  2. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup.
  3. The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City’s sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors.
• PROTECTION OF PROPERTY —
  1. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding.
  2. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final.
• CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS —

  Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

  (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

  (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

  (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

  (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

  (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

• TRASH —

  Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work.

• INSTRUCTIONS TO BIDDERS —

  Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements.

• RETENTION OF RECORDS AND RIGHT TO ACCESS —

  The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding.

• NON-COLLUSION STATEMENT —

  By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is incorporated into the solicitation by this reference.

• MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS —

  The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the solicitation, for questions of a material nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or Offeror.

• PUBLIC RECORDS —
  1. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in confidence unless otherwise required by law.
  2. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply:
     1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City.
     2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City.
     3. Response to Public Records Requests: Upon request from the City custodian of public records, Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
     4. Delivery of Records: Upon completion of the contract or in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder or Offeror shall be delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all records are received as provided in this solicitation.
     5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City.
  3. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:

  IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS.

  Custodian of Records: Elora Riera, City Clerk
  Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004

  Telephone number: 954-924-6800, Ext. 3623
  Email: eriera@daniabeachfl.gov

• SUCCESSORS AND ASSIGNS —

  The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 

• QUALIFICATION OF BIDDERS OR OFFERORS —
  1. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be non-responsible.
  2. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance.
  3. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be rejected by the City for any one or more of the following reasons:
     1. Reason to believe that collusion exists among the Bidders or Offerors.
     2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years.
     3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract.
     4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified.
     5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal. 
  4. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be “non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one or more of (but not limited to) the following reasons: 
     Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources.
     The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work.
     The appearance of an unbalanced Bid or Proposal, as determined by the Owner.
     If the Bidder or Offeror makes one or more false statements or provides false information in connection with any portion of the bidding documents. 
     If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project.
  5. Non-responsive Bidder or Offeror : A  Bidder or Offeror may be deemed to be non-responsive and a Bid or Proposal may be rejected for any of, but not limited to, the following reasons:
     1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to, submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract Documents.
     2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract Documents.
• CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR —

  It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees.

• EMPLOYEES OF THE CONTRACTOR —
  1. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition.
  2. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ.
• AVAILABILITY OF FUNDS —

  The obligations of the City under the awarded agreement will be subject to the availability of funds.

• LICENSES, PERMITS, AND FEES —

  In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows:

  1. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE).
  2. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor.
  3. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government.
  4. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES).
• TERMINATION OF AGREEMENT —

  If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost.

• TERMINATION OF AGREEMENT FOR CAUSE —

  If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such default and termination, any completed services performed by the Contractor under the agreement shall, at the option of the City become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due to the City from the Contractor can be determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days’ written notice, without cause.

• INDEMNIFICATION AND HOLD HARMLESS PROVISIONS —
  1. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged:
     1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work;
     2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work;
     3. liens, claims, actions made by the Contractor or other party performing the work; and
     4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City.
  2. Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply:
     1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. 
• INSURANCE REQUIREMENTS —
  1. Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
  2. Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING CONTRACTOR DELAY.
  3. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts.
  4. Commercial General Liability
     1. Limits of Liability (Minimum)
        • Bodily Injury & Property Damage Liability
        • Each Occurrence $1,000,000
        • Policy Aggregate $2,000,000
        • Personal & Advertising Injury $1,000,000
        • Products & Completed Operations $1,000,000
     2. Endorsements Required – Include in body of COI and/or Description of Operations
        • Annual Aggregate shall apply “Per Project/Job”, if available
        • Waiver of Subrogation in favor of the City, if available
        • Insurance shall apply on a primary and non-contributory basis
        • “The City of Dania Beach, Florida” is included as “Additional Insured”
        • If Vendor’s Insurance includes coverage for with an “As Required by Written Agreement/Contract” provision, then the following must be in place to establish such written agreement and trigger coverage: 
          • • An executed written contract between the City and Vendor including these requirements; OR
            • Statement on a Purchase Order or Invoice or other attachment thereof which includes the following verbiage:
              “Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.”
  5. Business Automobile Liability
     1. Limits of Liability (Minimum) 
        • Bodily Injury and Property Damage
        • Combined Single Limit $1,000,000
        • Any Auto/Owned Autos or Scheduled Autos
        • Including Hired and Non- Owned Autos
        • Any One Accident
     2. Endorsements Required-Include in body of COI and/or Description of Operations
        • City of Dania Beach included as an additional Insured if appropriate and available
  6. Workers’ Compensation / Employers’ Liability
     1. Workers Compensation Limits: Statutory - State of Florida
        • Waiver of Subrogation in favor of City, if available
     2. Employers Liability Limits:
        • $100,000 for bodily injury caused by an accident, each accident
        • $100,000 for bodily injury caused by disease, each employee
        • $500,000 for bodily injury caused by disease, policy limit

          Workers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted.

          Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc.

          In no event shall Vendor be permitted to utilize in the execution of this agreement, the following:

          1. 1. any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’ Compensation insurance coverage; or
             2. any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement
  7. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability.
  8. Other Conditions Required: 
     • • Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements.
       • Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises. The above policies shall provide the City of Dania Beach with 10 days’ written notice of cancellation or material change from the insurer. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice.
       • Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is required.
       • Insurance Carrier Financial Stability Requirements:
         Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition.
         • The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. If a company is downgraded during the agreement term, Vendor shall notify the City.
       • Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies.
         • Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the agreement breached and therefore terminated.
         • A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
  • • • • • Notices/ Certificate Holder: City of Dania Beach
            100 West Dania Beach Boulevard
            Dania Beach, FL 33004
  • • • • • City of Dania Beach CRA (If Applicable)
            100 W. Dania Beach Blvd.
            Dania Beach, FL 33004
            Email: Wayne Fletcher, Risk Manager
            
            
            

   The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein at the time of the insurance submission.

• SAFETY —
  1. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
  2. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA).
• WARRANTY —

  The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit.

• RESPONSIBLE BIDDER OR OFFEROR —

  No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record.

• PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING —

  Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are further notified that the City's governing body may not give preference to a Bidder or Offeror based on the Bidder's or Offeror's social, political, or ideological interests.

• CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD —

  The City shall have the right to investigate the financial condition and experience record of the Bidder or Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested services in the solicitation.

• SOLICITATION PROTEST PROCEDURE —
  1. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager’s Office.
  2. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less.
  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 of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it.
  4. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest.
• LITIGATION —
  1. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter.
  2. In determining whether or not to reject a Bid or Proposal under this section, the City will consider whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder or Offeror.
  3. A contract with the successful Bidder or Offeror will include the following:
     GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. 
  4. All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees.
• CONTRACT AWARD AND EXECUTION —
  1. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or proposals it receives by total amount in accordance with the terms of the advertisement. The City will verify all bidders or offerors have properly submitted and executed all required solicitation documents and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of all bids or proposals to the engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate, to the City Commission.
  2. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances:
     1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) 
     2. where obvious unbalancing of unit prices has occurred, or 
     3. where competition is considered to be inadequate relative to the size, type, and location of the project.
  3. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process.
  4. Contract Award and Execution: The City will enter into a contract with the lowest priced and the most responsive and responsible bidder. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed.
     The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any time. 
     All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission.
• CONE OF SILENCE —
  1. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or Invitation to Bid (“ITB”), between:
     1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and:
     2. a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Selection Committee.

  Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.

  Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation.

  Exceptions to Applicability: The provisions of this section shall not apply to:

  1. 1. Oral communications at pre-bid or pre-proposal conferences;
     2. Oral presentations before the Selection Committee;
     3. Public presentations made to the City Commission members during any duly noticed public meeting;
     4. Communications in writing at any time with any City employee, unless specifically prohibited by the solicitation. The Bidder or Offeror shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request;
     5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated as responsible for administering the procurement process for the solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;
     6. Communications with the City Attorney and his staff;
     7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation during the time period between the opening of Bids or Proposals and the time the City Manager makes a written recommendation;
     8. Any emergency procurement of goods or services pursuant to City Code;
     9. Responses to the City’s request for clarification or additional information;
     10. Contract negotiations during any duly noticed public meeting;
     11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting.

  Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this solicitation, violation of any provision of this section by a City employee may subject the employee to disciplinary action.
  Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.

• ADDITIONAL GENERAL CONDITIONS —
  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.
     1. Staging of Material in Right-Of- Way: 
        Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area.
     2. Site Restoration: 
        Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed.
     3. Access: 
        As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance.
  2. Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure.
     The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar days and Final Completion of the entire Work not later than one hundred eighty (180) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to adjustments of this Contract Time as provided in the Contract Documents.

Submission Requirements

• BIDDER QUALIFICATIONS —

  Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply.

• Authorized representative contact information? (required) —

  Please include the name, title, phone and email of the authorized representative

• Entity type? (required)
• If you selected other please specify:
• If you selected corporation please enter date of incorporation and state in which incorporated:
• If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State
• Please include the name and title of Principal Officers and the date they were elected: (required)
• How many years has your organization been in business? (required) —

  Enter years

• The length of time (continuous) in business in Florida: (required) —

  Enter years

• Please upload a copy of a county or municipal Business Tax Receipt (required)
• Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the role of each person within the company (required)
• Have you ever failed to complete any work awarded to you? (required)
• If yes, please explain below (required)
• Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? (required)
• If yes, please explain below (required)
• Within the last five years, have you ever had a performance, payment or bid bond called? (required)
• If yes, please explain below (required)
• Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City? (required)
• If yes, please explain below (required)
• Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? (required)
• If yes, please explain below (required)
• Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? (required)
• If yes, please explain below (required)
• Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? (required)
• If yes, please explain below (required)
• Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years? (required)
• If yes, please explain below (required)
• Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? (required)
• If yes, please explain below (required)
• Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? (required)
• If yes, please explain below (required)
• Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. (required)
• If yes, please explain below (required)
• Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest? (required)
• If yes, please explain below (required)
• Commercial/Government References —

  Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years

• Reference 1 (required) —

  Please include:

  Project Title

  Address

  Owner & Owner's Telephone Number

  Contract Value

  Percent Complete and Completion Date

• Reference 2 (required) —

  Please include:

  Project Title

  Address

  Owner & Owner's Telephone Number

  Contract Value

  Percent Complete and Completion Date

• Reference 3 (required) —

  Please include:

  Project Title

  Address

  Owner & Owner's Telephone Number

  Contract Value

  Percent Complete and Completion Date

• Reference 4 (required) —

  Please include:

  Project Title

  Address

  Owner & Owner's Telephone Number

  Contract Value

  Percent Complete and Completion Date

• Reference 5 (required) —

  Please include:

  Project Title

  Address

  Owner & Owner's Telephone Number

  Contract Value

  Percent Complete and Completion Date

• BIDDER'S QUESTIONNAIRE —

  The undersigned guarantees the truth and accuracy of all statements and answers contained below:

• List below all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily. (required)
• Have you personally completed a plan for performance of the work? (required)
• Have you ever failed to complete work awarded to you? (required)
• If so, when, where and why? (required)
• What equipment do you own that is available for work?
• Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties or elsewhere by any other governmental entity? (required)
• How many employees (Contractors only) will be assigned to perform the services? (required)
• How many supervisors will be assigned to perform the services? (required)
• Will personnel be part of a regular crew assigned to perform the services? (required)
• Will you be able to provide service for emergency situations? (required)
• If so, how much notice is required? (required)
• What equipment do you own that is available to complete the Project? (required) —

  EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. 

• Please attach copies of any licenses, awards, certificates, etc., that you may have.
• REQUIRED FORMS
• DRUG-FREE WORKPLACE CERTIFICATION (required) —

  Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

  1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
  2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
  3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1).
  4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction.
  5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted.
  6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes.

  By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above.

• Affidavit of Compliance with Anti-Human Trafficking Laws (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes (required) —

  Please download the below documents, complete, and upload.

• Non-Collusion Affidavit (required) —

  Please download the below documents, complete, and upload.

• Independence Affidavit (required) —

  Please download the below documents, complete, and upload.

• Acknowledgment of Addenda (required) —

  Please download the below documents, complete, and upload.

• Certification of Accuracy of Proposal (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• What is the solicitation purpose? (required)
• Date Contract/Services Needed By: (required)
• Project Manager Contact Information: (required) —

  Please enter the name, title, email and phone if applicable

• Anticipated Cost/Value of Contract/Services (Estimate): (required)
• Amount Budgeted for Contract/Service and Funding Source: (required)
• What is the General Ledger account number for project funding? (required) —

  Enter the G/L account number that funds have been allocated to for this project.

• Description of drawings or supplemental information:
• Will there be a pre-bid meeting? (required)
• If yes, what is the location of the meeting? (required) —

  If virtual enter link, if on-site enter address

• Will the meeting be mandatory or not? (required)
• Anticipated contract award date? (required) —

  Example: 9/15/24

• Is this a grant funded project? (required)
• Please enter the name of the granting agency: (required) —

  Example: FDOT

• What is the grant agreement number? (required)
• What is the amount of the grant? (required)

Questions & Answers