Frost_Park_Sport_Court_Conversion_Project_(Addendum_#2_Revision).pdf

CITY OF DANIA BEACH, FLORIDA

Frost Park Sport Court Conversion Project

CITY REQUEST FOR PROPOSAL (“RFP”) NO. 25-016

Prepared by:

City of Dania Beach, Florida

100 W. Dania Beach Boulevard

Dania Beach, FL 33004

Monday, June 9, 2025

Request For Proposal (“RFP”) No. 25-016

Table of Contents

1. NOTICE TO PROPOSERS

2. PROPOSAL SUBMISSION

3. INSTRUCTIONS TO PROPOSERS

4. SUBMISSION OF PROPOSALS

5. QUALIFICATIONS OF PROPOSALS

6. SCOPE OF WORK

7. PROPOSAL REQUIRMENTS

8. EVALUATION CRITERIA RANKING

9. AWARD OF AGREEMENT

10. INDEMNIFICATION

11. INDEPENDENT CONTRACTOR

12. DEBARMENT AND SUSPENSION

13. SCRUTINIZED COMPANIES

14. VERFICATION OF EMPLOYMENT ELIGIBILTY

15. DELIVERIES

16. WARRANTIES

17. COPYRIGHTS OR PATENT RIGHTS

18. SAFETY STANDARDS

19. INSPECTION

20. NON-DISCRIMINATION AND EQUAL OPPORTUNITY

EMPLOYMENT

21. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS

PARTICIPATION

22. TAXES

23. PERMITS, FEES AND NOTICES

24. PERFORMANCE

25. TERMINATION OF CONTRACT

26. TERMINATION OF CONTRACT FOR CONVENIENCE

27. TERMINATION OF CONTRACT FOR CAUSE

28. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING

29. EMPLOYEES OF THE PROPOSER

30. TAXES

31. LITIGATION

32. OTHER GOVERNMENTAL ENTITIES

33. UNBALANCED PROPOSAL PRICING

34. INFORMATION REQUESTS AFTER DUE DATE

35. BUDGETARY CONSTRAINT

36. CONTINGENT FEES PROHIBITED

37. CONE OF SILENCE

38. GENERAL TERMS & CONDITIONS

39. SPECIAL CONDITIONS

40. PROPOSER SUBMISSIONS

Attachments:

A - cw_thomas_park-submittal#24-rev-0-basketball_hoop to BH_2024-06-20

K - Frost Park Tennis Courts - Aerial view

1. NOTICE TO PROPOSERS

REQUEST FOR PROPOSAL FOR

"Frost Park Sport Court Conversion Project"

25-016

NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed proposals for its “Frost Park Sport Court Conversion Project, 25-016”.

Proposals will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Thursday, July 10, 2025, at 10:00 am. Proposals received after this time will be rejected.

All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted.

PROJECT DOCUMENTS

Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/170952.

MANDATORY PRE-BID CONFERENCE

A MANDATORY Pre-bid conference will be held on Tuesday, June 17, 2025, at 11:00 am at 300 NE 2nd

Street, Dania Beach FL 33004. All Proposers and interested persons are required to attend the meeting, which will outline the Project as described in the solicitation and provide an opportunity for questions and answers for all interested persons. Any interpretations, clarifications or additional information not disclosed in this solicitation and determined to be necessary by the Owner in response to questions, will be issued by means of addendum or addenda, which addendum or addenda will be posted to the Portal at https://procurement.opengov.com/portal/daniabeachfl/projects/170952 for all interested persons who are following the project. The Proposer will be notified of any addenda issued, if following the project, but it is recommended they check the portal to see if there has been any addendum or addenda posted for this solicitation. Only questions answered and information supplied by means of such addendum or addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal and binding effect.

PROJECT DOCUMENTS

Proposals must be submitted electronically on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system.

https://procurement.opengov.com/portal/daniabeachfl https://procurement.opengov.com/portal/daniabeachfl/projects/170952 https://procurement.opengov.com/portal/daniabeachfl/projects/170952 https://procurement.opengov.com/portal/daniabeachfl

The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to waive any informality in a proposal, to terminate the process or re-advertise and solicit new or additional proposals, and to make awards in the best interest of the City.

All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids.

The City Commission of the City of Dania Beach reserves the right to reject any and all proposals, to waive any informality in a bid and to make an award in the best interests of the City, as Owner.

Published on: Monday, June 9, 2025

2. PROPOSAL SUBMISSION

Proposals must be submitted electronically on OpenGov, the City’s designated electronic bidding system. All bid document files must be clearly labeled 25-016 Frost Park Sport Court Conversion Project

Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days after opening, or award of Proposal, whichever is sooner. In the event presentations are necessary, all responders will be required to exit the room during the presentations of the other responders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws.

Proposals will be publicly opened and read aloud on Thursday, July 10, 2025, at 10:00 am using the Zoom or

Microsoft Teams online meeting platform. Below you will find the link to access this meeting on the above referenced date and time in the

Release Project Date: June 9, 2025

Pre-Proposal Conference (Mandatory): June 17, 2025, 11:00am

300 NE 2nd Street, Dania Beach FL 33004

Question Submission Deadline: July 3, 2025, 5:00pm

Proposal Submission Deadline: July 10, 2025, 10:00am

Bid Opening Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2QxYWI5MTEtN2V lMi00MTlkLWI4YWQtNzg2N2FmNWY2

ZmQz%40thread.v2/0?context=%7b%22Tid

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23028fa4d-0599-4312-97cf-

3d95ed366f47%22%7d

Award of Contracts for the Proposals will be made at a subsequent City Commission meeting.

All Proposers are advised that the City has not authorized the use of the City seal by individuals or entities responding to City Request for Proposals.

The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals, to waive any informality in a Proposal and to make an award in the best interests of the City.

3. INSTRUCTIONS TO PROPOSERS

The following instructions are given for the purpose of guiding Proposers in properly preparing their Proposals.

These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions.

3.1 Qualifications of Proposers

No Proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Dania Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Dania Beach. Minority, women-owned, and labor surplus area businesses and firms are encouraged to submit Proposals.

3.2 Personal Investigation

Proposers shall satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the City staff or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the

Project Contact person of all conflicts, errors and discrepancies, if any, in the Proposal Documents.

The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work.

3.3 Inconsistencies

Any seeming inconsistency between different provisions of specifications, Proposal or contract, or any point requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the time set for opening Proposals. After Proposals are opened, the Proposers shall abide by the decision of the City Manager or designee as to such interpretation.

3.4 Conflict of Interest

The award of any contract under this RFP is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposals must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the

Proposer's firm or any of its branches or affiliate companies.

3.5 Legal Conditions

Proposers are expected to familiarize themselves with the provisions of the laws of the United States and State of

Florida, and with the provisions in the Charter and the ordinances of the City of Dania Beach.

3.6 Forms and Proposals

Proposals will be received until Thursday, July 10, 202510:00 am by submission to OpenGov. Each Proposal and its accompanying statements must be made on the blanks provided. The forms must be submitted in good order and with all the blanks filled in.

3.7 Filling in Proposals

All prices must be written in the Proposal and also stated in words, and all Proposals must fully cover all items for which Proposals are asked and no other. Proposers are required to state the names and places of residence of all persons interested, and if no other person is interested, the Proposer shall distinctly state such fact and shall state that the Proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested, or their legal representative disclose such fact in writing to the

City.

3.8 Proposals Firm for Acceptance

Proposer warrants, by virtue of proposing, that the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of Proposal opening.

3.9 Withdrawals

Any Proposer may, without prejudice, withdraw a Proposal at any time prior to the expiration of the time during which Proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the Proposal. After expiration of the period for receiving Proposals, no Proposal can be withdrawn, modified, or explained. Should Proposer withdraw its Proposal after expiration of the period for receiving Proposals, its bond shall be retained by the City.

3.10 Causes for Rejection

No Proposal will be canvassed, considered, or accepted which, in the opinion of the City Manager, 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. Any alteration, erasure, interlineations, or failure to specify Proposals for all items called for in the schedule shall render the Proposal informal.

3.11 Rejection of Proposals

To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the

Successful Proposer, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals.

Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. The City Commission reserves the right to reject any Proposal if the evidence submitted by the Proposer, or if the investigation of such

Proposer, fails to satisfy the City that such Proposer is properly qualified to carry out the obligations and to complete the work contemplated. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among Proposers. A Proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive any and all informalities and irregularities, and to accept or reject all or any part of any Proposal as they deem to be in the best interest of the citizens of the City of Dania Beach, or the City may reject Proposals and re-advertise.

3.12 RFP Protest Procedure

After a Notice of Intent to Award a contract is posted, any actual or prospective manufacturer or distributor 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 P.M. 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 written protest, together with an RFP Protest Bond, is both timely received by the City Manager’s Office.

An RFP Protest Bond is to compensate the 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. The amount of the RFP Protest Bond shall be one percent (1%) of the amount of the pending award for which the bidder is protesting, or five thousand dollars ($5,000.00), whichever is less.

3.13 Protest Committee

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 all appropriate steps be taken to remedy it.

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 then determines that the award of the contract is necessary without delay 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.

3.14 Award of Proposal

The City Commission will award the Proposal to the most responsible and responsive lowest price Proposer that meets the qualifications identified in Section 1.1, entitled Qualification of Proposers. The Contractor awarded the

Proposal must have satisfactory references.

3.15 Agreement

The Proposer(s) to whom or to which an award is made shall execute a written agreement to do the work in the form attached to this RFP. The award may be canceled by the City Commission and awarded to the next lowest priced responsible and responsive Proposer. If this occurs, such Proposer shall fulfill every stipulation as if it were the original party to whom or to which an award was made. The Agreement will include specific insurance, performance bond, and indemnification requirements as set forth in the attached specifications. Proposers must submit any questions, issues, or concerns with the terms, language or both in the attached Agreement by the deadline for submitting requests for interpretations.

3.16 Payment

Payment will be made when all work is completed to the satisfaction of the City Manager or designee. Successful

Proposer shall submit invoices regularly, for no more than 30-day periods, as work progresses.

3.17 Audit of Contractor's Records

Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. 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. The City may also require submittal of the records, at no cost to the City, from the Contractor, any subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the Contract provisions.

Failure of the Contractor or subcontractor to comply with these requirements may result in disqualification or suspension from bidding or proposing for future contracts or disapproval as a subcontractor at the option of the

City. The Contractor shall assure that a subcontractor will provide access to its records pertaining to the services upon request by the City.

3.18 City

Failure by City to respond to an inquiry shall not excuse late or incomplete submissions

3.19 Lobbyists

Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their principals or employers attending such meeting, are required to complete a Contact Log contemporaneously with a lobbyist meeting. City of Dania

Beach Code of Ordinances, Article XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists to register with the City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the

City of Dania Beach other than the City Clerk or designated representative regarding the RFP shall be grounds for elimination and disqualification from the selection process.

3.20 Omission of Details, Variances and Exceptions

The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified.

For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations, corrections or both will be interpreted to mean that the Proposer meets all the requirements in every respect.

3.21 Cost and Compensation

Shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. All costs and compensation shall remain firm and fixed for acceptance for 120 calendar days after the day of the Proposal opening. The Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation.

3.22 Performance Bond and Insurance

Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds, payment bonds or both. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified.

3.23 Addenda and Interpretations

Any interpretations, clarifications or additional information not disclosed in this RFP and determined to be necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda, which addendum or addenda will be posted to the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having received the RFP. The Proposers are required to check the site to see if there has been any addendum or addenda posted regarding this RFP. Only questions answered and information supplied by means of such

Addendum or Addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal and binding effect.

A. All questions requiring clarification or interpretation of the RFP documents shall be made in writing and shall be delivered to the City by Thursday, July 3, 2025 , 5:00 pm

B. Any modification or interpretation of the RFP documents lies within the sole and exclusive judgment of the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an

Addendum or Addenda to all those who or which are recorded by the City, as having obtained a complete set of the RFP documents.

C. Interpretations or modifications of the RFP documents made in any manner other than an Addendum or

Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the RFP shall be issued via written Addendum or addenda and shall be provided to all Proposers.

https://procurement.opengov.com/portal/daniabeachfl

D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any

Addendum or all Addenda issued for the services.

E. Costs for those matters not questioned and not addressed in an Addendum or Addenda shall be the responsibility of the Proposer, and Proposer shall be responsible to include such costs in the RFP.

3.24 Non-Collusion Affidavit

Each Proposer shall complete the Non-Collusive Affidavit form and shall submit the form with their Proposal.

City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal.

3.25 Public Entity Crimes

Each Proposal shall complete the Public Entity Crimes form. In accordance with Florida Statutes §287.133 (2)(a):

A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for

Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.

3.26 All Proposals

All Proposals must be submitted electronically on OpenGov. The Proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s principal's properly written authority to such deputy or subordinate must accompany the Proposal. No Proposal will be accepted, for any reason whatsoever, which is not submitted as stated above, within the specified time. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer.

4. SUBMISSION OF PROPOSALS

A. Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer should be initialed.

B. All Proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars.

C. Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the Proposer. The address and telephone number for any communications regarding the Proposal must be included.

D. Proposals shall contain an acknowledgment of receipt of all addenda.

E. Proposals by corporations must be executed in the corporation’s legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company’s own Corporate Resolution.

F. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature.

G. Proposals shall be submitted to the Procurement Division on or before the time indicated in the Request for Proposals by the methods described above. City Clerk’s Office staff is not responsible for the premature opening of a Proposal that is not identified.

H. In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses to it are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential, proprietary or both which may be considered exempt under Florida Statute §119.07(t).

I. All Proposals received from Proposers in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City.

J. The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation, presentation, or both.

5. QUALIFICATIONS OF PROPOSALS

A. Each Proposer shall complete the Proposal’s Qualifications Statement and submit the form with the

Proposal. Failure to submit the Proposer’s Qualifications Statement and the documents required under it may constitute grounds for rejection of the Proposal.

B. As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer’s officers and employees, by the Broward County Sheriff’s Office.

Proposer’s submission of a Proposal constitutes acknowledgement of and consent to such investigation.

City shall be the sole judge in determining Proposer’s qualifications.

C. No Proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to

City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by City. City will be the sole judge of such determination.

The City reserves the right to make a pre-award inspection of the Proposer's facilities and equipment prior to award of Contract.

D. Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions.

6. SCOPE OF WORK

6.1 SCOPE

A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking proposals from qualified firms for Frost Park Sport Court Conversion Project”. The purpose of this project is to resurface and upgrade the sport-court facilities at Frost Park. The project encompasses full resurfacing of courts and replacement of any sub-surface areas found to be unstable or deteriorated. The entire court area will need to be sealed, and All cracks will need to be filled prior to resurfacing. In addition, the construction of two (2) regulation tennis courts, six (6) pickleball courts, and one (1) full basketball court within the existing court footprint and Improvements to adjoining pedestrian pathways and perimeter fencing.

B. Existing Site Conditions: Frost Park currently includes:

▪ Two (2) dedicated tennis courts

▪ One (1) tennis court also used as a temporary pickleball court

▪ One (1) narrow basketball court

▪ One (1) handball court

C. The proposed construction will occur in the same general location within the park where these current courts exist.

D. Vendor Responsibilities:The selected vendor shall provide all necessary labor, materials, equipment, permitting, and services to complete the project. The scope includes but is not limited to:

1. Conceptual Design Services:

▪ Develop and submit a conceptual design. This is a request of a basic conceptual site plan, not detailed architectural drawings.

▪ Design must consider functionality, accessibility, aesthetics, safety, and durability.

▪ Designs must incorporate ADA-compliant access and circulation pathways

2. Construction Services:

a. Demolition and Site Preparation

• Removal of existing courts and related infrastructure

• Grading and site preparation to support new construction.

b. Construction of New Courts.

• Two (2) Tennis Courts

• Six (6) Pickleball Courts

• One (1) Basketball Court

E. Additional Site Features:

1. Connecting Pathways

▪ ADA-compliant asphalt pathways to provide pedestrian access to each court

2. Fencing:

▪ Installation of fencing systems to section off courts and control access

▪ Fencing shall be durable and suited for high-use recreational areas.

7. PROPOSAL REQUIRMENTS

Proposers shall, as a minimum, include the following information with the submittal of its Proposal.

A. Executive Summary Summarize the business entity, its background, main office(s), and office location that will service this contract. Identify the officers, principals, supervisory staff and key individuals who will be directly involved with the work and their office locations. The executive summary should also summarize the key elements of the proposal.

B. Relevant Project Experience Indicate the firm’s number of years of experience in providing the services as it relates the work contemplated. Provide details of past projects, specifically those involving historic properties.

C. Approach Provide in concise narrative form, your understanding of the City's needs, goals and objectives as they relate to the project, and your overall approach to accomplishing the project. Give an overview on your proposed vision, ideas and methodology. Describe your proposed approach to the project to include:

1. As a part of the response, any design plan or mockups shall be presented to the City for approval. for use in providing services to the City. Additionally, include a timeline for effectively managing and executing the work in optimum time. The City, at its discretion may allow for time extensions for unforeseen and unexpected delays. Also provide information on your firm’s current workload and how this project will fit into your workload.

D. Capabilities Describe available facilities, technological ability and other available resources you offer for the project.

E. References Provide names, addresses, and telephone numbers of five (5) references who are capable of explaining and confirming the firm’s capacity to successfully complete the Services sought in this RFP.

F. Pricing Provide a cost estimate for the Services to be provided based on the Scope of Services and the firm’s proposed approach to the project.

G. Summary of Documents To Be Submitted With Proposals. The following is a summary of documents required to be submitted for this Proposal. Failure to include a technical Proposal, cost

Proposal, Proposal surety (if required below), or any other document that, by its omission, may prejudice the rights of other possible Proposers or respondents, may result in immediate rejection of a

Proposal.

H. The Forms are as follows:

1. Exhibit “A” Proposer’s Qualifications

2. Exhibit “B” Public Entity Crimes Form

3. Exhibit “C” Non-Collusion Affidavit

4. Exhibit “D” Drug-Free Workplace Certification

5. Exhibit “E” Acknowledgement of Addenda

6. Exhibit “F” References

7. Exhibit “G” Certification to Accuracy of Proposal

Other forms or documents which, by their nature do not impact price or the Proposer’s cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City’s request to be considered responsive.

The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability

8. EVALUATION CRITERIA RANKING

Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other people selected by the City Manager or designee. Responsive proposals shall be evaluated based upon the information and references contained in the responses submitted. The Evaluation Committee will evaluate all qualified, responsive proposals at duly advertised public evaluation meetings in accordance with Florida law.

Proposers with the highest-ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation Committee.

The City will utilize a Best Value Scoring process when evaluating proposals. The Best Value Scoring will require the Evaluation Committee to assign a composite score rank, based on the Committee's determination of the relative overall value of the Proposer's response. Composite scores will rank responses from 1 (1st place), 2

(2nd place), and so on, for the total number of responses under consideration. The Evaluation Committee will evaluate and rank responsive, qualified Proposals received on the basis of the criteria below:

# CRITERIA

1 Firm Qualifications: Experience in field, workload of current projects.

2 Approach: Understanding the scope of work, ability to comply with the full scope of work, technical soundness of Proposal.

3 Price Proposal: Estimated total cost of project

4 References

9. AWARD OF AGREEMENT

Award shall be made by the City to the responsible Proposer whose Proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth below. The City of

Dania Beach reserves the right to accept the Proposal as a whole, or for any component of it if it appears to be in the best interest of the City

10. INDEMNIFICATION

GENERAL INDEMNIFICATION: 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, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub-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; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by

Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub-contractor under Workers’ Compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney fees, incurred by the City to enforce this agreement shall be borne by the Contractor. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Successful Proposer further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other related costs and expenses, even if the claim(s) is groundless, false, or fraudulent. Pursuant to Section 725.06, Florida

Statutes, the indemnification required by this Section is limited to $1,000,000.00, which the parties agree bears a reasonable commercial relationship to the Agreement. In case of injury to persons, animals, or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards, and signals or by reason of any negligence of any Successful Proposer, or any of the Successful Proposer’s agents, servants, or employees during the performance of the work before the estimates have become due under this Agreement, the

City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as hereinabove set forth.

The parties recognize that various provisions of this Agreement, including but not necessarily limited to this

Section, provide for indemnification by the Contractor and that

Section 725.06, Florida Statutes, requires a specific consideration to be given. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is acknowledged and agreed upon, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify.

Upon completion of all Services, obligations and duties provided for in the Agreement, or in the event of termination of the Agreement for any reason, the terms and conditions of this provision shall survive indefinitely.

The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney fees) and costs.

The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful

Proposer under the indemnification agreement. Nothing contained in this RFP is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute Section 768.28 as amended from time to time.

11. INDEPENDENT CONTRACTOR

An Agreement resulting from this solicitation does not create an employee/employer relationship between the

Parties. It is the intent of the Parties that the Contractor is an independent contractor under the Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor

Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security

Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's

Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor’s activities and responsibilities under this RFP provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor’s funds provided for in this document. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both.

12. DEBARMENT AND SUSPENSION

Contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R.

Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement

Debarment and Suspension). These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, I; and Chapter IV,6. d and Appendix C, 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530;

Chapter IV,6. d and Appendix C,2. d. In general, an "excluded" party cannot receive a federal grant award or a contract within the meaning of a "covered transaction," to include sub-awards and subcontracts. This includes parties that receive federal funding indirectly, such as contractors to recipients and sub-recipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the federal government for purposes of the non-procurement common rule and Department of

Homeland Security’s implementing regulations, it does include some contracts awarded by recipients and sub-recipient.

https://www.sam.gov/

13. SCRUTINIZED COMPANIES

Contractor shall certify 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 of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida

Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.

14. VERFICATION OF EMPLOYMENT ELIGIBILTY

Contractor represents that Contractor and each Sub-contractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by

Municipality due to the termination.

15. DELIVERIES

Any item requiring delivery by the Proposer or by sub-contractors shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Proposal price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part of it, without obligation if delivery is not made at the time specified in the Proposal.

16. WARRANTIES

A. Successful Proposer warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party.

B. Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract.

C. Successful Proposer warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract.

D. All warranties made by Successful Proposer together with service warranties and guarantees shall run to

City and the successors and assigns of City.

17. COPYRIGHTS OR PATENT RIGHTS

The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered, if any, as a result of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation.

18. SAFETY STANDARDS

The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter

442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-

41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS).

19. INSPECTION

The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified in this RFP. Any of the items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City or replaced at the entire expense of the successful Contractor.

20. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT

During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex, pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following:

employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The

Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that it will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.

21. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION

The City of Dania Beach, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that contractor is required to take the affirmative steps listed in items (1) through (5) below.

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists.

B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources.

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises.

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority…