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City of Tamarac Resolution R-2021-130
Temp. Reso. No. 13475 November 10, 2021 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 — / C A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 21-02B TO AND APPROVING AN AGREEMENT WITH THE STOUT GROUP, LLC. FOR THE CONSTRUCTION OF PHASE VI OF THE CITYWIDE CULVERT HEADWALL INSTALLATION PROJECT, IN ACCORDANCE WITH BID NO. 21-02B FOR A CONTRACT AMOUNT OF $453,560.00; A CONTINGENCY IN AN AMOUNT OF $45,356.00 WILL BE ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET OF $498,916.00; AUTHORIZING AN APPROPRIATION FOR THE RECEIPT AND EXPENDITURE OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND FOR THE TOTAL PROJECT BUDGET, TO BE INCLUDED IN A FUTURE BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2); AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents a safe, operational stormwater drainage system throughout the City; and WHEREAS, as a continuation of maintaining existing canal crossing conditions, City personnel have examined various canal crossing locations throughout the City and determined four (4) locations that require immediate restoration due to excessive erosion and undermining of sidewalks along the edge of the roadway at the canal crossings; and WHEREAS, the City of Tamarac publicly advertised Bid No. 21-02B Citywide Culvert Headwall Installation Project Phase VI, on August 24, 2021, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on September 21, 2021, the City of Tamarac received four (4) Temp. Reso. No. 13475 November 10, 2021 Page 2 of 5 proposals for the Citywide Culvert Headwall Installation Project Phase VI, a bid tabulation is hereto attached as "Exhibit 1"; and WHEREAS, staff determined the lowest responsive and responsible bidder to be The Stout Group, LLC.; and WHEREAS, The Stout Group, LLC., possesses the required knowledge and experience to construct the Citywide Culvert Headwall Installation Project Phase VI and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 21-02B; and WHEREAS, available funds for the balance of said headwall repairs exist in the Stormwater Capital Improvement budget; and WHEREAS, via the Florida Department of Environmental Protection (FDEP) Grant Agreement #LPA0075, City accepted a grant from FDEP for the Citywide Culvert Headwall Installation Project Phase VI in an amount not to exceed $350,000.00 and the Grant was effective through June 30, 2022. Currently, The City expects to apply time extension including the final delivery date to December 30, 2022 due to pandemic and unforeseen design complications; and WHEREAS, it is the recommendation of the Public Services Director and Purchasing and Contracts Manager that the appropriate City officials award Bid No. 21- 02B and execute the Agreement with The Stout Group, LLC. for the Citywide Culvert Headwall Installation Project Phase VI at three (3) locations out of four(4) locations under Bid No. 21-02B due to the site of Southgate Blvd. East Pump Station Canal (South) being removed because City is unable to obtain an easement from that particular site, a copy of the Agreement is attached hereto as Exhibit #2; and incorporated herein and made a Temp Reso. No. 13475 November 10, 2021 Page 3 of 5 specific part of this resolution; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 21-02B and execute the agreement for the Citywide Culvert Headwall Installation Project Phase VI with The Stout Group, LLC. for a contract cost of$453,560.00 and a contingency in the amount of$45,356.00, for a total project budget of$498,916.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission HEREBY awards Bid No. 21-02B to The Stout Group, LLC., and approves an Agreement between the City of Tamarac and The Stout Group, LLC., ("The Agreement") and the appropriate City officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the Citywide Culvert Headwall Installations Project Phase VI at three (3) locations out of four (4) locations under Bid No. 21-02B due to the site of Southgate Blvd. East Pump Station Canal (South) being removed because City is unable to obtain an easement from that particular site. SECTION 3: An expenditure for a contract cost of $453,560.00and a Temp Reso. No. 13475 November 10, 2021 Page 4 of 5 contingency in the amount of $45,356.00, for a total project budget of $498,916.00 for said purpose is hereby approved. SECTION 4: Authorizing an appropriation for the receipt and expenditure of the Florida Department of Environmental Protection (FDEP) Grant and for the total project budget, to be included in a future Budget Amendment pursuant to F.S. 166.241(2). SECTION 5: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6- 147 of the City Code, and close the contract award, which includes but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is intentionally left blank." Temp. Reso. No. 13475 November 10, 2021 Page 5 of 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 1 day of 2021. Michelle J. mez MAYOR ATTEST: z -- (P-A--/4-4---`-- Jenni r Jd ins n; CMC TY CLERK RECORD OF COMMISSION VOT MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: VIM VILLALOBOS DIST 4: COMM. PLACKO • I HEREBY CERTIFY that I have appro d t is RESOLUTIO as to form. erin, ATTORN TR 13475 EXHIBIT 1 21-02B CITYWIDE CULVERT HEADWALL PROJECT THE STOUT GROUP,LLC David Mancini and Sons,Inc Lambert Bros.,Inc. Underwater Engineering Line Item Description Unit of p quantity Measure Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization/Demobilization 1 Lump Sure $ 10,000.00 $ 10,000.00 $ 43,000.00 $ 43,000.00 $35,000.00 $ 35,000.00 $ 55,500.00 $ 55,500.0D 2 Maintenance of Traffic 1 Lump Sum $ 1,500.00 $ 1,500.00 $ 5,400.00 $ 5,400.00 $ 2,400.00 $ 2,400.00 $ 6,850.00 $ 6,850.00 3 Record Drawings 1 Lump Sum $ 3,000.00 $ 3,000.00 $ 5,300.00 $ 5,300.00 $ 3,300.00 $ 3,300.00 $ 8,850.00 $ 8,850.00 4 Site preparation 1 Lump Sum $ 2,000.00 $ 2,000.00 $ 8,000.00 $ 8,000.00 $11,000.00 $ 11,000.00 $ 32,130.00 $ 32,130.00 5 Erosion Control 1 Lump Sum $ 3,000.00 $ 3,000.00 $ 2,900.00 $ 2,900.00 $ 2,600.00 $ 2,600.00 $ 7,055.00 $ 7,055.00 6.1 16 Ft Aluminum Head Wall 12 Linear Feet $ 1,200.00 $ 14,400.00 $ 1,700.00 5 20,400.00 $ 1,750.00 $ 21,000.00 $ 1,285.00 $ 15,420.00 6.2 13 Ft Aluminum Head Wall 16 _Linear Feet $ 975.00 $ 15,600.00 $ 980.00 $ 15,680.00 $ 1,350.00 $ 21,600.00 $ 1,003.00 $ 16,048.00 6.3 SO Ft Aluminum Head Wall 12 Linear Feet $ 675.00 $ 8,100.00 $ 982.00 $ 11,784.00 $ 1,050.00 5 12,600,00 $ 1,092.00 5 13,104.00 6.4 7 Ft Aluminum Head Wall 16 Linear Feet $ 525.00 $ 8,400.00 $ 500.00 $ 8,000.00 $ 800.00 $ 12,800.00 $ 706.00 5 11,296.00 6.5 5 Ft Aluminum Head Wall 4 Linear Feet $ 375.00 $ 1,500.00 $ 1,332.00 $ 5,328.00 $ 600.00 $ 2,400.00 $ 1,159.00 $ 4,636.00 Riprap Stabilization At Pipe 7 Discharge 1 Lump Sum $ 15,000.00 $ 15,000.00 $ 11,200.00 $ 11,200.00 $ 2,850.00 $ 2,850.00 $ 11,105.00 $ 11,105.00 5 Ft Woe loncete Sidewalk - (Include Removal and Replacement of Damaged 8.1 Sidewalk) 36 Square Tamil $ 100.00 $ 3,600.00 $ 177.00 $ 6,372.00 $ 150.00 5 5,400.00 $ 285.00 $ 10,260.00 Type F Curb and Gutter(Include Removal and Replacement of 8.2 Damaged Curb) 53 Linear Feet $ 60.00 $ 3,180.00 $ 88.50 $ 4,690.50 $ 101.00 5 5,353.00 $ 262.00 $ 13,886.00 Reset Existing Guardrail (Include Removal Storage and 9 Reinstallation) 120 Linear Feet $ 50.00 $ 6,000.00 $ 58.00 $ 6,960.00 $ 63.00 $ 7,560.00 $ 77.50 $ 9,300.00 11 Backfill and Site Grading 185 Cubic Yards $ 50.00 $ 9,250.00 $ 18.50 $ 3,422.50 $ 75.00 $ 13,875.00 $ 133.00 $ 24,605.00 Sodding(St.Augustine) ' Including Watering and 12 Maintenance 150 Square Yard: $ 20.00 $ 3,000.00 $ 15.00 $ 2,250.00_$ 13.00 5 1,950.00 $ 10.00 $ 1,500.00 13 Extend 18"RCP 6 Linear Feet $ 500.00 $ 3,000.00 $ 3,484.00 $ 20,904.00 $ 320.00 $ 1,920.00 $ 1,616.00 $ 9,696.00 Grouting of Headwall at Pipe 14 Intrusion 1 Lump Sum $ 5,000.00 $ 5,000.00 $ 11,226.00 $ 11,226.00 $ 6,600.00 $ 6,600.00 $ 9,288.00 $ 9,288.00 16 Desilting Existing Pipe 1 Lump Sum 5 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 3,000.00 $ 3,000.00 $ 12,855.00 $ 12,855.00 SUBTOTAL BID SCHEDULE 1 $120,530.00 $ 207,817.00 $ 173,208.00 $ 273,384.00 8543 1 Mobilization/Demobilization 1 Lump Sum $ 25,000.00 $ 25,000.00 5 49,000.00 $ 49,000.00 $42,000.00 $ 42,000.00 $ 20,840.00 $ 20,840.00 2 Maintenance of Traffic 1 Lump Sum $ 5,000.00 $ 5,000.00 $ 6,542.00 5 6,542.00 $ 3,000.00 S 3,000.00 $ 5,556.00 5 5,556.00 3 Record Drawings I Lump Sum $ 5,000.00 $ 5,000.00 $ 4,721.00 5 4,721.00 $ 6,200.00 $ 6,200.00 $ 8,840.00 $ 8,840.00 4 Site preparation 1 Lump Sum $ 5,000.00 $ 5,000.00 $ 5,900.00 5 5,900.00 $14,500.00 5 14,500.00 $ 5,500.00 $ 5,500.00 5 Erosion Control 1 Lump Sum $ 12,000.00 $ 12,003.00 $ 4,800.00 $ 4,800.00 $ 2,700.00 $ 2,700.00 $ 6,350.00 5 6,350.00 6.1 15 Ft Aluminum Head Wall 27 Linear Feet$ 1,050.00 $ 28,350.00 $ 677.00 $ 18,279.00 $ 1,600.00 S 43,200.00 $ 985.00 $ 26,595.00 6.2 13 Ft Aluminum Head Wall 45 Linear Feet $ 900.00 $ 40,500.00 $ 700.00 $ 31,500.00 $ 1,400.00 $ 63,000.00 $ 975.00 5 43,875.00 6.3 11 Ft Aluminum Head Wall 104 Linear Feet $ 750.00 5 78,000.00 $ 610.00 $ 63,440.00 $ 1,200.00 5 124,800.00 $ 801.00 $ 83,304.00 6.4 8 Ft Aluminum Head Wall 16 Linear Feet $ 525.00 $ 8,400.00 $ 526.00 $ 8,416.00 $ 850.00 S 13,600.00 $ 1,043.00 $ 16,688.00 6.5 6 Ft Aluminum Head Wall 20 Linear Feet $ 375.00 $ 7,500.00 $ 435.00 5 8,700.00 $ 650.00 S 13,000.00 $ 787.00 $ 15,740.00 7 Riprap Stabilization Along Wall 1 Lump Sum $ 15,000.00 $ 15,000.00 $ 21,000.00 5 21,000.00 $ 1,500.00 $ 1,500.00 $ 10,580.00 5 10,580.00 9 New Guardrail Installation 48 Linear Feet $ 90.00 $ 4,320.00 $ 71.00 5 3,408.00 5 83.00 $ 3,984.00 $ 315.00 $ 15,120.00 10 Tree and Shrub Removal 1 Lump Sum $ 5,000.00 $ 5,000.00 5 5,900.00 5 5,900.00 $ 2,850.00 $ 2,850.00 $ 6,202.00 $ 6,202.00 11 Backfill and Site Grading 160 Cubic Yards $ 50.00 $ 8,000.00 $ 33.00 $ 5,2130.00 $ 75.00 $ 12,000.00 $ 161.00 $ 25,760.00 Sodding(St.Augustine) Including Watering and 12 Maintenance 600 quare Yard $ 10.00 $ 6,000.00 $ 15.00 $ 9,000.00 $ 13.00 $ 7,800.00 $ 6.12 5 3,672.00 Cut and Extend4"PVC Pipe 13 (Irrigation) 12 Linear Feet $ 50.00 $ 600.00 $ 59.00 5 708.00 $ 64.00 $ 76g.00 $ 246.00 $ 2,952.00 Headwall Closure at Existing 15 Concrete Headwall 1 Lump Sum $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 4,900.00 5 4,900.00 $ 9,435.00 5 9,435.00 Remove and Reinstall Existing 17 Signage 5 Each $ 500.00 $ 2,500.00 $ 177.00 $ 885.00 $ 250.00 $ 1,250.00 $ 600.00 $ 3.000.00 n,pnen Concrete ravemenr Restoration Including 8" Limerock Base and 12' 18 Stabilized Subgrade 25 quare Yard $ 150.00 $ 3,750.00 $ 354.00 $ 8,850.00 $ 107.00 5 2,675.00 $ 344.00 $ 8,600.00 SUBTOTAL BID SCHEDULE 3 $267,420.00 $ 263,829.00 $363,727.00 $ 318,609.00 1 Mobilization/Demobilization 1 Lump sum $ 5,000.00 $ 5,000.00 $ 33,000.00 $ 33,000.00 $23,000.00 $ 23,000.00 $ 15,822.00 $ 15,822.00 2 Maintenance of Traffic 1 Lump Sum $ 1,000.00 $ 1,000.00 $ 4,800.00 $ 4,800.00 $ 1,600.00 $ 1,600.00 $ 6,844.00 $ 6,844.00 3 Record Drawings 1 Lump Sum $ 1,500.00 $ 1,500.00 $ 4,700.00 $ 4,700.00 $ 3,000.00 $ 3,000.00 $ 8,840.00 $ 8,840.00 4 Site preparation 1 Lump Sum 5 2,000.00 $ 2,000.00 $ 5,200.00 $ 5,200.00 $ 1,700.00 $ 1,700.00 $ 62,507.00 $ 62,507.00 5 Erosion Control 1 Lump Sum $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ 2,160.00 $ 2,160.00 Riprap Stabilization at Pipe 7 Discharge 1 Lump Sum $ 15,000.00 $ 15,000.00 $ 22,000.00 $ 22,000.00 $ 3,850.00 $ 3,850.00 $ 10,315.00 $ 10,315.00 Reset Existing Guardrail (Include Removal Storage and Linear Feet 9 Reinstallation) 92 $ 50.00 $ 4,600.00 $ 69.00 $ 6,348.00 $ 65.00 $ 5,980.00 $ 101.00 $ 9,292.00 11 Backfill and Site Grading 20 Cubic Yards $ 50.00 $ 1,000.00 $ 111.00 5 2,220.00 $ 75.00 $ 1,500.00 $ 320.00 $ 6,400.00 Sodding(St.Augustine) Including Watering and square Yard, 12 Maintenance 125 $ 20.00 $ 2,500.00 $ 15.00 $ 1,875.00 $ 13.00 $ 1,625.00 $ 11.00 $ 1,375.00 Extend 60"CMP Including new Linear Feet 13 hole in Aluminum Headwall 10 $ 1,000.00 $ 10,000.00 $ 2,100.00 $ 21,000.00 $ 1,400.00 $ 14,000.00 $ 1,313.00 $ 13,130.00 Grouting of Headwall at Pipe 14 Intrusion 1 Lump Sum $ 10,000.00 $ 10,000.00 $ 13,000.00 $ 13,000.00 $ 6,600.00 $ 6,600.00 $ 5,350.00 $ 5,350.00 16 Desisting Existing Pipe 1 Lump Sum $ 10,000.00 $ 10,000.00 $ 7,500.00 $ 7,500.00 $ 3,000.00 $ 3,000.00 $ 10,290.00 $ 10,290.00 SUBTOTAL BID SCHEDULE 4 $ 65,600.00 $ 123,643.00 $ 67,355.00 $ 152,325.00 INDEMNIFICATION 1 Lump Sum $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 GRAND TOTAL $453,560.00 $ 595,299.00 $604,300.00 $ 744,328.00 Rhonda Kaplan 10/19/2021 Updated 10/27/2021 TAMARAC City of Tamarac '.0° Purchasing and Contracts Division The City For Your Life CONSTRUCTION AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE STOUT GROUP, LLC. THIS AGREEMENT is made and entered into this 'J day of u0 1 2 2 1 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and The Stout Group, LLC with principal offices located at 10850 NW 138th Street Bay#3, Hialeah Gardens, Florida 33018 (the"Contractor")to provide construction services for the construction of the Citywide Culvert Headwall Improvement Project Phase VI. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Bid Document No. 21-02B for "Citywide Culvert Headwall Improvement Project Phase VI", issued by the City of Tamarac on August 24, 2021 including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical Specifications, all addenda, the Contractor's Bid response dated September 21, 2021, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid 21-02B for "Citywide Culvert Headwall Improvement Project Phase VI" as issued by City, and the contractor's bid response; Bid 21-02B for "Citywide Culvert Headwall Improvement Project Phase VI" as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2. THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this 2 S-C 1 t _C -,.. AL'A 4 I 1 WPRi MEf'j T P RCJEC TAMARAC City of Tamarac The City For Your Life purchasing and Contracts Division Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3. INSURANCE 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability - $1 M/$2M • Automobile— $1 M/$1 M • Workers Comp—Statutory 4. PERFORMANCE, PAYMENT AND WARRANTY BONDS 4.1 Within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. 4.2 The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of one hundred 100% of the bid award amount as security for the faithful project performance and payment of all the Contractor's obligations under the contract documents, per City Code Section 10-156. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be POJE - 2 TAMARAC Purchasing and Contracts Division City of Tamarac City For Your Life required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. At the completion and formal approval and acceptance of all work associated with the project, a one-year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 4.3 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent(25%) of the Contract price, or an additional bond shall be conditioned that the Contractor correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials 4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public records of Broward County at the Bidder's expense. Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City 5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within Two Hundred and Eighty Five (285) Calendar days for Final Completion from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within Two Hundred and Forty (240) calendar days from issuance of City's Notice to Proceed. 5.2 During the pre-construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre-construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 6. CONTRACT SUM The Contract Sum for the above work is shown on Exhibit A with a"not to exceed"total of Four Hundred Fifty Three Thousand, Five Hundred Sixty Dollars ($453,560.00). 7. PAYMENTS Payment will be made monthly for work that has been completed, inspected and properly invoiced.A retainage of five percent(5%)will be deducted from each monthly payment through project completion, upon City review and approval. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the 21-02B , rWDE CULVERTHEADWALL IMPR ` VIE?' PROJECT 3 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 8. REMEDIES 8.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. Correction of all deficiencies shall not relieve the Contractor of its duties and obligations under this agreement, in meeting all project requirements and objectives including but not limited to achieving project milestones (Substantial and Final Completion) in accordance with the Contract Documents. The City shall be the sole judge of non-conformance and the quality of workmanship, and any impact it may have on the Project Schedule. 9. CHANGE ORDERS 9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (5%) respectively. 9.2 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 9.3 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is 2:' f—Y!✓'v' CU_VE?TH=HD'AiAL_.v.^ ✓`v •b` ';T PaCJEC- TAMARAC City of Tamarac Purchasing and Contracts Division The City For Your Life entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 9.5 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 9.6 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 9.7 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost borne by the City to complete the work shall be levied against the Contractor including applicable mark-up of ten percent (10%) for overhead and engineering costs. The cost of any work covered by a change order for an increase or decrease in contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 10. LIQUIDATED DAMAGES Project Substantial completion shall be within Two Hundred and Forty (240) calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Two Hundred and Eighty Five(285) calendar days from date of City's Notice to Proceed. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in meeting these time limits are difficult or impossible to ascertain. Therefore, the parties hereby agree that in the event that the Contractor fails to meet the time limits, as may be extended by the City in accordance with the terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed against Contractor in the amount of Five Hundred Dollars and Zero Cents ($500.00)for each calendar day beyond the time imposed until such work is completed. 11. NO DAMAGES FOR DELAYS ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase 2:+-028—5 r'tn;'-- C.LI/ER 7 HEA D,A,;4L IMPROVEMENT PROJECT 5 TAMARAC City of Tamarac The For Your Life Purchasing and Contracts Division in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area. An extension of time will be considered for "Excusable Inclement Weather Delays" resulting in any weather condition, the duration of which varies in excess of the average conditions expected, which is unusual for the particular time and place where the Work is to be performed, or which could not have been reasonably anticipated by the Contractor, as determined by the U.S. Weather Bureau records for the preceding 3-year period. No extension of Contract Time will be allowed for any inclement weather that could reasonably have been predicted as determined by the U.S.Weather Bureau records. Should the contractor prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which excusable inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual starting time, and the crew is dismissed as a result thereof, the Contractor will not be charged for a working day, whether or not conditions change thereafter during said day, and the major portion of the day could be considered to be suitable for such construction operations. The Contractor shall base its construction schedule upon the inclusion of the number of days of excusable inclement weather. No extension of the Contract Time due to excusable inclement weather will be considered until after the said number of days of excusable inclement weather has been reached. However, no reduction in Contract Time would be made if said number of days of excusable inclement weather is not reached. 12. WAIVER OF LIENS Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City form all claims of liability by Contractor in connection with the agreement. 13. WARRANTY Contractor warrants the work against defect for a period of One (1) years from the date of City approval of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent 2 CsO(;;:C TAMARAC Purchasing and Contracts Division City of Tamarac The City For Your Life release of any Performance or Payment Bonds, which may be required by the original bid document. 14. INDEMNIFICATION 14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 15.1 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, genetic information or disability if qualified. 15.2 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 including 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. 15.3 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 he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 16. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of 2 ?Yr:E. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it 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. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 17. ASSIGNMENT AND SUBCONTRACTING Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 18. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Fox Rothschild LLP 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Attn: John R. Herin, Jr. CONTRACTOR Name: The Stout Group, LLC Address: 10850 NW 138 St, Bay# 3, Hialeah Gardens, Fl 33018 FIN/EIN: 45-5312119 Contract Licensee: E1400317 / CGC 1507974/ CUC 1224022 Contact: Joey Sanchez Email: jsanchez@thestoutgroup.com Phone: 786-452-1481 Fax: 305-397-2311 19. TERMINATION 21-02B-CITYWIDE CULVERT HEADWALL IMPROVEMENT PROJECT 3 TAMARAC City of Tamarac The City For Your Life Purchasing and contrasts Division 19.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party for such termination in which event Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify city against loss pertaining to this termination. 19.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 20. AGREEMENT SUBJECT TO FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 21. VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 22. SIGNATORY AUTHORITY The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 23. SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the remainder of this Agreement. 24. UNCONTROLLABLE CIRCUMSTANCES 24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence,the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, such as delays in permitting due to outside agencies, which are beyond the Contractor's control. 24.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give 27-02B-CITYWIDE CUI_'vERT HEADWALL IMPROVE VENT PROJECT TAMARAC City of Tamarac The City or Your Life Purchasing and Contracts Division written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 25. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 26. NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 27. CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 28. SCRUTINIZED COMPANIES - 287.135 AND 215.473 28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was that the City's determination of false madein error. If does not demonstrate eoY certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29. PUBLIC RECORDS 29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 2:'-026-CITYW'DE CULVER 7 HEADWALL I iMPRO VEVEN_PROJECT TAMARAC City of Tamarac '�• Purchasing and Contracts Division The City For Your Life 29.1.1 Keep and maintain public records required by the CITY in order to perform the service. 29.1.2 Upon request from the CITY, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the CITY. 29.1.3 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 term and following completion of the Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 30. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one(1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be . _.. _..� TAMARAC Ciao of Tamarac Purchasing and Contracts Division The City For Your Life responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 31. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 27-023-CITYWIDE CULVERT HEADWALL IMPROVEMENT PROJECT 72 TAMARAC 4,---t...---k--,6•-• Purchasing and Contracts Division The City For Your Life IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. CITY OF TAMARAC 00,1‘1 !trio / -‘;= I'i'S/,, ' I '. Michell J.b Gomez, Mayor ---" 0 i 4 At'W\r''''... '• Ca .: — • rn.,(73's ,---r..5 : cr.:..... - _ • . - Ate.as:s :Oz. ly ,-,- -z, -•• ;, 1 ••• 0,<''-k;$ AT- • --',.'''''''''' ‘, N ‘N- 441,7 ts. a hleen Gunn, InterirtiCity Manager COVIfoN\ 40 //II ilitA. / i I 1 iv ' 'ifer Jo son ' C Date -ity Clerk I / / - /9 -oloa/ Appr) es as to form and legal sufficiency: Date Op AI _.—...... ...11 ii ios •-• . :nn, Jr., City A" 411-y It) ---/ Mr ATTEST: THE STOUT GROUP, LLC. WASP 0 A Aw_ Corn ny Name Si•na 4 re • •rpova4P etary Signtlei-e Lof resi t 4011‘cmitichti Joey Sanchez Corporate Secy. (P?inted Name) President (CORPORATE SEAL) Date i I 21-02B-C,-,U".DE CUL/ER T,-1EADV3'ALL/MP'70,3EVEVT P'OJE:- r 3 TAMARAC City of Tamarac Theyy For Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA • :SS COUNTY OF MIAMI-DADE : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Joey Sanchez President of The Stout Group, LLC a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day 26 of October , 2021 . Sigi�at,lJre of Nota ublic Stat''of Florida at Large "��" YVETTE ZULUAGA Yvette Zuluaga ® Nly COmmisMON#GG173146 Print, Type or Stamp EXPIRES January 07,2022 Name of Notary Public 0 Personally, known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. 1-02B—C/Tyb1?DE CULVERTHEADWALL i;MPRO'ENENT PROJECT 14 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division FEE SCHEDULE EXHIBIT A CULVERT BULKHEAD IMPROVEMENTS PHASE VI-Southgate Blvd.West(SOUTH) ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT COST TOTAL COST NO. QUANTITY Bid Schedule 1 1 Mobilization/Demobilization 1 LS $ 10,000.00 $ 10,000.00 2 Maintenance of Traffic 1 LS $ 1,500.00 $ 1,500.00 3 Record Drawings 1 LS $ 3,000.00 $ 3,000.00 4 Site preparation 1 LS $ 2,000.00 $ 2,000.00 5 Erosion Control 1 LS $ 3,000.00 $ 3,000.00 6.1 16 Ft Aluminum Head Wall 12 LF $ 1,200.00 $ 14,400.00 6.2 13 Ft Aluminum Head Wall 16 LF $ 975.00 $ 15,600.00 6.3 10 Ft Aluminum Head Wall 12 LF $ 675.00 $ 8,100.00 6.4 7 Ft Aluminum Head Wall 16 LF $ 525.00 $ 8,400.00 6.5 5 Ft Aluminum Head Wall 4 LF $ 375.00 $ 1,500.00 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Riprap Stabilization At Pipe 1 LS $ 15,000.00 $ 15,000.00 Discharge 5 Ft Wide Concrete Sidewalk (Include Removal and 8.1 36 SY $ 100.00 $ 3,600.00 Replacement of Damaged Sidewalk) Type F Curb and Gutter(Include 8.2 Removal and Replacement of 53 LF $ 60.00 $ 3,180.00 Damaged Curb) Reset Existing Guardrail (Include 9 Removal,Storage and 120 LF $ 50.00 $ 6,000.00 Reinstallation) 11 Backfill and Site Grading 185 CY $ 50.00 $ 9,250.00 Sodding(St.Augustine) 12 Including Watering and 150 SY $ 20.00 $ 3,000.00 Maintenance 13 Extend 18" RCP 6 LF $ 500.00 $ 3,000.00 • 14 Grouting of Headwall at Pipe 1 LS $ 5,000.00 $ 5,000.00 Intrusion 16 Desilting Existing Pipe 1 LS $ 5,000.00 $ 5,000.00 Total Bid Amount for Schedule 1 $ 120,530.00 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CULVERT BULKHEAD IMPROVEMENTS PHASE 6, NW 46th Street(Tamarac Lakes Section 2) ITEM ESTIMATED NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST Bid Schedule 3 1 Mobilization/Demobilization 1 LS $ 25,000.00 $ 25,000.00 2 Maintenance of Traffic 1 LS $ 5,000.00 $ 5,000.00 3 Record Drawings 1 LS $ 5,000.00 $ 5,000.00 4 Site preparation 1 LS $ 5,000.00 $ 5,000.00 5 Erosion Control 1 LS $ 12,000.00 $ 12,000.00 6.1 15 Ft Aluminum Head Wall 27 LF $ 1,050.00 $ 28,350.00 6.2 13 Ft Aluminum Head Wall 45 LF $ 900.00 $ 40,500.00 6.3 11 Ft Aluminum Head Wall 104 LF $ 750.00 $ 78,000.00 6.4 8 Ft Aluminum Head Wall 16 LF $ 525.00 $ 8,400.00 6.5 6 Ft Aluminum Head Wall 20 LF $ 375.00 $ 7,500.00 7 Riprap Stabilization Along Wall 1 LS $ 15,000.00 $ 15,000.00 9 New Guardrail Installation 48 LF $ 90.00 $ 4,320.00 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 10 Tree and Shrub Removal 1 LS $ 5,000.00 $ 5,000.00 11 Backfill and Site Grading 160 CY $ 50.00 $ 8,000.00 Sodding(St.Augustine) 12 Including Watering and 600 SY $ 10.00 $ 6,000.00 Maintenance 13 Cut and Extend 4" PVC Pipe 12 LF $ 50.00 $ 600.00 (Irrigation) Headwall Closure at Existing 15 1 LS $ 7,500.00 $ 7,500.00 Concrete Headwall 17 Remove and Reinstall Existing 5 EA $ 500.00 $ 2,500.00 Signage Asphalt Concrete Pavement Restoration Including 8" 18 25 SY $ 150.00 $ 3,750.00 Limerock Base and 12" Stabilized Subgrade Total Bid Amount for Schedule 3 $ 267,420.00 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CULVERT BULKHEAD IMPROVEMENTS PHASE VI, NW 82nd Street (NORTH) ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT COST TOTAL COST NO. QUANTITY Bid Schedule 4 1 Mobilization/Demobilization 1 LS $ 5,000.00 $ 5,000.00 2 Maintenance of Traffic 1 LS $ 1,000.00 $ 1,000.00 3 Record Drawings 1 LS $ 1,500.00 $ 1,500.00 4 Site preparation 1 LS $ 2,000.00 $ 2,000.00 5 Erosion Control 1 LS $ 3,000.00 $ 3,000.00 Riprap Stabilization at Pipe 7 1 LS $ 15,000.00 $ 15,000.00 Discharge Reset Existing Guardrail 9 (Include Removal,Storage and 92 LF $ 50.00 $ 4,600.00 Reinstallation) • 11 Backfill and Site Grading 20 CY $ 50.00 $ 1,000.00 Sodding(St.Augustine) 12 Including Watering and 125 SY $ 20.00 $ 2,500.00 Maintenance 13 Extend 60" CMP Including new 10 LF $ 1,000.00 $ 10,000.00 hole in Aluminum Headwall TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Grouting of Headwall at Pipe 14 1 LS $ 10,000.00 $ 10,000.00 Intrusion 16 Desilting Existing Pipe 1 LS $ 10,000.00 $ 10,000.00 Total Bid Amount for Schedule 4 $ 65,600.00 Indemnification Schedule Item ITEM DESCRIPTION ESTIMATED UNIT UNIT COST TOTAL COST No. QUANTITY 1 Indemnification 1 LS $10.00 $10.00 Grand Total Bid Amount Bid Schedule 1+Bid Schedule 3 +Bid Schedule 4+ Indemnification Schedule= $453,560.00. ® DATE(MM/DD/YYYY) AC o CERTIFICATE OF LIABILITY INSURANCE 09/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alain Bencomo NAME: Gil,Garden,Avetrani Insurance Group PHONE (305)630-4777 FAX No: (305)279-3022 (A/C,No,Ext): ( ) 10689 N.Kendall Drive E-MAIL abencomo@ggaig.com ADDRESS: Suite 208 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURER A: XL Insurance of America 24554 INSURED INSURER B: Greenwich Insurance Company 22322 The Stout Group LLC INSURER c: National Union Fire Insurance Co of PA 19445 10850 NW 138TH Street Bay#3 INSURER D: Wesco Insurance Company 25011 INSURER E: Federal Insurance Co. 20281 Hialeah Gardens FL 33018 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2171418013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR '•a SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) , LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y NGL-1000327-02 07/14/2021 07/14/2022 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I"1 PRO n LOC 2,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B - OWNED SCHEDULED NBA-1000328-02 07/14/2021 07/14/2022 BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ X OCCUR UMBRELLA LIAB X EACH OCCURRENCE $ 4,000,000 C - EXCESS LIAB CLAIMS-MADE 6E082149415 07/14/2021 07/14/2022 AGGREGATE $ 4,000,000 DED RETENTION$ _ $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 1 000 000 D ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA TWC4004280 07/14/2021 07/14/2022 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Equipment Limit 2,456,152 Inland Marine E 45468715 07/14/2021 07/14/2022 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BID ITB-21-02B CITY OF TAMARAC is listed as an Additional Insured with respect to the General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF TAMARAC ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88TH AVE AUTHORIZED REPRESENTATIVE Q TAMARAC FL 33321 ���1 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Form Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. The Stout Group, LLC 2 Business name/disregarded entity name,if different from above ch 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to a) following seven boxes. certain entities,not individuals;see a instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate en single-member LLC Exempt payee code(if any) ai c 0 ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► S p 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) i= — another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that o_ o is disregarded from the owner should check the appropriate box for the tax classification of its owner. V ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S.) N y 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) in 10850 NW 138St, Bay#3 6 City,state,and ZIP code Hialeah Gardens, Florida 33018 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 4 5 — 5 3 1 2 1 1 9 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required,Q sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person► Date! 10-26-2021 General I nstructio •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Form W-9(Rev.10-2018) Page 2 By signing the filled-out form,you: Example.Article 20 of the U.S.-China income tax treaty allows an 1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese number to be issued), student temporarily present in the United States.Under U.S.law,this 2.Certify that you are not subject to backup withholding,or student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.However,paragraph 2 of 3.Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30,1984)allows payee.If applicable,you are also certifying that as a U.S.person,your the provisions of Article 20 to continue to apply even after the Chinese allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese is not subject to the withholding tax on foreign partners'share of student who qualifies for this exception(under paragraph 2 of the first effectively connected income,and protocol)and is relying on this exception to claim an exemption from tax 4.Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form that you are exempt from the FATCA reporting,is correct.See What is W-9 a statement that includes the information described above to FATCA reporting,later,for further information. support that exemption. Note If you are a U.S.person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233. it is substantially similar to this Form W-9. Backup Withholding Definition of a U.S.person.For federal tax purposes,you are considered a U.S.person if you are: What is backup withholding?Persons making certain payments to you •An individual who is a U.S.citizen or U.S.resident alien; must under certain conditions withhold and pay to the IRS 24%of such payments.This is called"backup withholding." Payments that may be •A partnership,corporation,company,or association created or subject to backup withholding include interest,tax-exempt interest, organized in the United States or under the laws of the United States; dividends,broker and barter exchange transactions,rents,royalties, •An estate(other than a foreign estate);or nonemployee pay,payments made in settlement of payment card and •A domestic trust(as defined in Regulations section 301.7701 7). third party network transactions,and certain payments from fishing boat operators.Real estate transactions are not subject to backup Special rules for partnerships.Partnerships that conduct a trade or withholding. business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments you tax under section 1446 on any foreign partners'share of effectively receive if you give the requester your correct TIN,make the proper connected taxable income from such business.Further,in certain cases certifications,and report all your taxable interest and dividends on your where a Form W-9 has not been received,the rules under section 1446 require a partnership to presume that a partner is a foreign person,and tax return. pay the section 1446 withholding tax.Therefore,if you are a U.S.person Payments you receive will be subject to backup withholding if: that is a partner in a partnership conducting a trade or business in the 1.You do not furnish your TIN to the requester, United States,provide Form W-9 to the partnership to establish your 2.You do not certify your TIN when required(see the instructions for U.S.status and avoid section 1446 withholding on your share of Part II for details), partnership income. In the cases below,the following person must give Form W-9 to the 3.The IRS tells the requester that you furnished an incorrect TIN, partnership for purposes of establishing its U.S.status and avoiding 4.The IRS tells you that you are subject to backup withholding withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax conducting a trade or business in the United States. return(for reportable interest and dividends only),or •In the case of a disregarded entity with a U.S.owner,the U.S.owner 5.You do not certify to the requester that you are not subject to of the disregarded entity and not the entity; backup withholding under 4 above(for reportable interest and dividend •In the case of a grantor trust with a U.S.grantor or other U.S.owner, accounts opened after 1983 only). generally,the U.S.grantor or other U.S.owner of the grantor trust and Certain payees and payments are exempt from backup withholding. not the trust;and See Exempt payee code,later,and the separate Instructions for the •In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information. (other than a grantor trust)and not the beneficiaries of the trust. Also see Special rules for partnerships,earlier. Foreign person.If you are a foreign person or the U.S.branch of a What is FATCA Reporting? foreign bank that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a Pub.515,Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States Entities). account holders that are specified United States persons.Certain Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting.See Exemption from FATCA nonresident alien individual may use the terms of a tax treaty to reduce reporting code,later,and the Instructions for the Requester of Form or eliminate U.S.tax on certain types of income.However,most tax W-9 for more information. treaties contain a provision known as a"saving clause."Exceptions Updating Your Information specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you become a U.S.resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee If you are a U.S.resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this contained in the saving clause of a tax treaty to claim an exemption person.For example,you may need to provide updated information if from U.S.tax on certain types of income,you must attach a statement you are a C corporation that elects to be an S corporation,or if you no to Form W-9 that specifies the following five items. longer are tax exempt.In addition,you must furnish a new Form W-9 if 1.The treaty country.Generally,this must be the same treaty under the name or TIN changes for the account;for example,if the grantor of a which you claimed exemption from tax as a nonresident alien. grantor trust dies. 2.The treaty article addressing the income. Penalties 3.The article number(or location)in the tax treaty that contains the saving clause and its exceptions. Failure to furnish TIN.If you fail to furnish your correct TIN to a 4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure from tax. unless your failure is due to reasonable cause and not to willful neglect. 5.Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If you the treaty article. make a false statement with no reasonable basis that results in no backup withholding,you are subject to a$500 penalty. Form W-9(Rev.10-2018) Page 3 Criminal penalty for falsifying information.Willfully falsifying IF the entity/person on line 1 is THEN check the box for... certifications or affirmations may subject you to criminal penalties a(n)... including fines and/or imprisonment. Misuse of TINs.If the requester discloses or uses TINs in violation of • Corporation Corporation federal law,the requester may be subject to civil and criminal penalties. • Individual IndividuaVsole proprietor or single- • Sole proprietorship,or member LLC Specific Instructions • Single-member limited liability Line 1 company(LLC)owned by an individual and disregarded for U.S. You must enter one of the following on this line;do not leave this line federal tax purposes. blank.The name should match the name on your tax return. • LLC treated as a partnership for Limited liability company and enter If this Form W-9 is for a joint account(other than an account U.S.federal tax purposes, the appropriate tax classification. maintained by a foreign financial institution(FFI)),list first,and then • LLC that has filed Form 8832 or (P=Partnership;C=C corporation; circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, or S=S corporation) Part I of Form W-9.If you are providing Form W-9 to an FFI to document or a joint account,each holder of the account that is a U.S.person must • LLC that is disregarded as an provide a Form W-9. entity separate from its owner but a. Individual.Generally,enter the name shown on your tax return.If the owner is another LLC that is you have changed your last name without informing the Social Security not disregarded for U.S.federal tax Administration(SSA)of the name change,enter your first name,the last purposes. name as shown on your social security card,and your new last name. Note:ITIN applicant:Enter your individual name as it was entered on • Partnership Partnership your Form W-7 application,line 1a.This should also be the same as the • Trust/estate Trust/estate name you entered on the Form 1040/1040A/1040EZ you filed with your Line 4, Exemptions application. b. Sole proprietor or single-member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/1040A/1040EZ on line 1.You may enter enter in the appropriate space on line 4 any code(s)that may apply to your business,trade,or"doing business as"(DBA)name on line 2. you. c. Partnership,LLC that is not a single-member LLC,C Exempt payee code. corporation,or S corporation.Enter the entity's name as shown on the • Generally,individuals(including sole proprietors)are not exempt from entity's tax return on line 1 and any business,trade,or DBA name on backup withholding. line 2. • Except as provided below,corporations are exempt from backup d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends. tax documents on line 1.This name should match the name shown on the • Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity.You may enter any made in settlement of payment card or third party network transactions. business,trade,or DBA name on line 2. • Corporations are not exempt from backup withholding with respect to e. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii).Enter to payments reportable on Form 1099-MISC. the owner's name on line 1.The name of the entity entered on line 1 The following codes identify payees that are exempt from backup should never be a disregarded entity.The name on line 1 should be the withholding.Enter the appropriate code in the space in line 4. name shown on the income tax return on which the income should be reported.For example,if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a),any IRA,or entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7)if the account satisfies the person,the U.S.owner's name is required to be provided on line 1.If requirements of section 401(f)(2) the direct owner of the entity is also a disregarded entity,enter the first 2—The United States or any of its agencies or instrumentalities owner that is not disregarded for federal tax purposes.Enter the disregarded entity's name on line 2,"Business name/disregarded entity 3—A state,the District of Columbia,a U.S.commonwealth or name."If the owner of the disregarded entity is a foreign person,the possession,or any of their political subdivisions or instrumentalities owner must complete an appropriate Form W-8 instead of a Form W-9. 4—A foreign government or any of its political subdivisions,agencies, This is the case even if the foreign person has a U.S.TIN. or instrumentalities Line 2 5—A corporation If you have a business name,trade name,DBA name,or disregarded 6—A dealer in securities or commodities required to register in the entity name,you may enter it on line 2. United States,the District of Columbia,or a U.S.commonwealth or possession Line 3 7—A futures commission merchant registered with the Commodity Check the appropriate box on line 3 for the U.S.federal tax Futures Trading Commission classification of the person whose name is entered on line 1.Check only 8—A real estate investment trust one box on line 3. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9(Rev.10-2018) Page 4 The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g) from backup withholding.The chart applies to the exempt payees listed plan above,1 through 13. Note:You may wish to consult with the financial institution requesting IF the payment is for... THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee for... code should be completed. Interest and dividend payments All exempt payees except Line 5 for 7 Enter your address(number,street,and apartment or suite number). Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information through 11 and all C corporations. returns.If this address differs from the one the requester already has on S corporations must not enter an file,write NEW at the top.If a new address is provided,there is still a exempt payee code because they chance the old address will be used until the payor changes your are exempt only for sales of address in their records. noncovered securities acquired Line 6 prior to 2012. Enter your city,state,and ZIP code. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Part I. Taxpayer Identification Number (TIN) Payments over$600 required to be Generally,exempt payees Enter your TIN in the appropriate box.If you are a resident alien and reported and direct sales over 1 through 52 you do not have and are not eligible to get an SSN,your TIN is your IRS $5,0001 individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not have an ITIN,see How to get a TIN Payments made in settlement of Exempt payees 1 through 4 below. payment card or third party network If you are a sole proprietor and you have an EIN,you may enter either transactions your SSN or EIN. See Form 1099-MISC,Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity separate from its owner,enter the owner's SSN(or EIN,if the owner has 2 However,the following payments made to a corporation and one). Do not enter the disregarded entity's EIN.If the LLC is classified as reportable on Form 1099-MISC are not exempt from backup a corporation or partnership,enter the entity's EIN. withholding:medical and health care payments,attorneys'fees,gross Note:See What Name and Number To Give the Requester, later,for proceeds paid to an attorney reportable under section 6045(f),and further clarification of name and TIN combinations. payments for services paid by a federal executive agency. Exemption from FATCA reporting code.The following codes identify How to get a TIN.If you do not have a TIN,apply for one immediately. payees that are exempt from reporting under FATCA.These codes To apply for an SSN,get Form SS 5,Application for a Social Security apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or get this form online at of the United States by certain foreign financial institutions.Therefore,if ww w.SSA.gov.You may also get this form by calling 1 800 772 1213. you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification States,you may leave this field blank.Consult with the person Number,to apply for an ITIN,or Form SS-4,Application for Employer requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN.You can apply for an EIN subject to these requirements.A requester may indicate that a code is online by accessing the IRS website at www.irs.gov/Businesses and not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a any similar indication)written or printed on the line for a FATCA Business.Go to www.irs.gov/Forms to view,download,or print Form exemption code. W-7 and/or Form SS-4. Or,you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 A—An organization exempt from tax under section 501(a)or any business days. individual retirement plan as defined in section 7701(a)(37) If you are asked to complete Form W-9 but do not have a TIN,apply B—The United States or any of its agencies or instrumentalities for a TIN and write"Applied For"in the space for the TIN,sign and date C—A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester.For interest and dividend possession,or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable D—A corporation the stock of which is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to more established securities markets,as described in Regulations the requester before you are subject to backup withholding on section 1.1472-1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester. group as a corporation described in Regulations section 1.1472-1(c)(1)(i) Note:Entering"Applied For"means that you have already applied for a F—A dealer in securities,commodities,or derivative financial TIN or that you intend to apply for one soon. instruments(including notional principal contracts,futures,forwards, and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use States or any state the appropriate Form W-8. G—A real estate investment trust Part II. Certification H—A regulated investment company as defined in section 851 or an To establish to the withholding agent that you are a U.S.person,or entity registered at all times during the tax year under the Investment resident alien,sign Form W-9.You may be requested to sign by the Company Act of 1940 withholding agent even if item 1,4,or 5 below indicates otherwise. I—A common trust fund as defined in section 584(a) For a joint account,only the person whose TIN is shown in Part I J—A bank as defined in section 581 should sign(when required).In the case of a disregarded entity,the K—A broker person identified on line 1 must sign.Exempt payees,see Exempt payee L—A trust exempt from tax under section 664 or described in section code,earlier. 4947(a)(1) Signature requirements.Complete the certification as indicated in items 1 through 5 below. Form W-9(Rev.10-2018) Page 5 1.Interest,dividend,and barter exchange accounts opened For this type of account: Give name and EIN of: before 1984 and broker accounts considered active during 1983. 14.Account with the Department of The public entity You must give your correct TIN,but you do not have to sign the Agriculture in the name of a public certification. entity(such as a state or local 2.Interest,dividend,broker,and barter exchange accounts government,school district,or opened after 1983 and broker accounts considered inactive during prison)that receives agricultural 1983.You must sign the certification or backup withholding will apply.If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester,you must cross out item 2 in the 15.Grantor trust filing under the Form The trust certification before signing the form. 1041 Filing Method or the Optional 3.Real estate transactions.You must sign the certification.You may Form 1099 Filing Method 2(see cross out item 2 of the certification. Regulations section 1.671-4(b)(2)(i)(B)) 4.Other payments.You must give your correct TIN,but you do not 1 List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN,that person's number have previously given an incorrect TIN."Other payments"include must be furnished. payments made in the course of the requester's trade or business for 2 Circle the minor's name and furnish the minor's SSN. rents,royalties,goods(other than bills for merchandise),medical and health care services(including payments to corporations),payments to 3 You must show your individual name and you may also enter your a nonemployee for services,payments made in settlement of payment business or DBA name on the"Business name/disregarded entity" card and third party network transactions,payments to certain fishing name line.You may use either your SSN or EIN(if you have one),but the boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN. attorneys(including payments to corporations). ' List first and circle the name of the trust,estate,or pension trust.(Do 5.Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured property,cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see Special payments(under section 529),ABLE accounts(under section 529A), rules for partnerships,earlier. IRA,Coverdell ESA,Archer MSA or HSA contributions or *Note:The grantor also must provide a Form W-9 to trustee of trust. distributions,and pension distributions.You must give your correct Note:If no name is circled when more than one name is listed,the TIN,but you do not have to sign the certification. number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information 1.Individual The individual such as your name,SSN,or other identifying information,without your 2.Two or more individuals point The actual owner of the account or,if permission,to commit fraud or other crimes.An identity thief may use account)other than an account combined funds,the first individual on your SSN to get a job or may file a tax return using your SSN to receive maintained by an FFI the account' a refund. 3.Two or more U.S.persons Each holder of the account To reduce your risk: point account maintained by an FFI) •Protect your SSN, 4.Custodial account of a minor The minor2 •Ensure your employer is protecting your SSN,and (Uniform Gift to Minors Act) •Be careful when choosing a tax preparer. 5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a (grantor is also trustee) notice from the IRS,respond right away to the name and phone number b.So-called trust account that is not The actual owner printed on the IRS notice or letter. a legal or valid trust under state law If your tax records are not currently affected by identity theft but you 6.Sole proprietorship or disregarded The owner3 think you are at risk due to a lost or stolen purse or wallet,questionable entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline 7.Grantor trust filing under Optional The grantor* at 1-800-908-4490 or submit Form 14039. Form 1099 Filing Method 1 (see For more information,see Pub.5027,Identity Theft Information for Regulations section 1.671-4(b)(2)(i) Taxpayers. (A)) Victims of identity theft who are experiencing economic harm or a For this type of account: Give name and EIN of: systemic problem,or are seeking help in resolving tax problems that 8.Disregarded entity not owned by an The owner have not been resolved through normal channels,may be eligible for individual Taxpayer Advocate Service(TAS)assistance.You can reach TAS by 9.A valid trust,estate,or pension trust Legal entity4 calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. 10.Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes. corporate status on Form 8832 or Phishing is the creation and use of email and websites designed to Form 2553 mimic legitimate business emails and websites.The most common act 11.Association,club,religious, The organization is sending an email to a user falsely claiming to be an established charitable,educational,or other tax- legitimate enterprise in an attempt to scam the user into surrendering exempt organization private information that will be used for identity theft. 12.Partnership or multi-member LLC The partnership 13.A broker or registered nominee The broker or nominee Form W-9(Rev.10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails.Also,the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to If you receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or certain other income paid to you;mortgage interest you paid;the forward this message to phishing@irs.gov.You may also report misuse acquisition or abandonment of secured property;the cancellation of of the IRS name,logo,or other IRS property to the Treasury Inspector debt;or contributions you made to an IRA,Archer MSA,or HSA.The General for Tax Administration(TIGTA)at 1-800-366-4484.You can person collecting this form uses the information on the form to file forward suspicious emails to the Federal Trade Commission at information returns with the IRS,reporting the above information. spam@uce.gov or report them at www.ftc.gov/complaint.You can Routine uses of this information include giving it to the Department of contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT(877-438-4338). Justice for civil and criminal litigation and to cities,states,the District of If you have been the victim of identity theft,see www.identityTheft.gov Columbia,and U.S.commonwealths and possessions for use in and Pub.5027. administering their laws.The information also may be disclosed to other Visit www.irs.gov/ldentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism.You must provide your TIN whether or not you are required to file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. TAMARAC Consent for Direct Deposit Form Submitted On: e } ads October 26. 2021 8_57arr ore ‘ sThe City For Your Lite City of Tamarac Americ.aNew_York Company Name The Stout Group, LLC Tax Payer ID 45-5312119 Full Address 10850 NW 138 St, Bay# 3 Hialeh Gardens Hialeah Gardens FL 33018 Full Name Joey Sanchez Title Manager Phone Number 7664521481 Email jsanchezpthestoutgroup.corn Bank Name Bank of America Bank Address 1001 E 9th St Hialeah FL 33010 ACH Routing Number 063100277 Account Number 229047125156 Please attach a voided check, or https:ffseam.lyfdLXmfacF deposit slip if savings account 02 VOIDED CHECK 1493.pdf Signature Data First Name:Joey Last Name: Sanchez Email Address:jsanchez@thestoutgroup.com Signed at: October 26, 2021 8:57am America/New„York TAMARAC City of Tamara: The City For Your Life Purchasing and Contracts Division CITY OF TAMARAC VENDOR OWNERSHIP SURVEY Contact: Joey Sanchez Agency: Contact E-mail: isanchez@thestoutgroup.com Vendor Name: THE STOUT GROUP, LLC. Using the drop-down menu to the right to answer the questions below: 1. Does your firm employ more than 50 persons (including full-time and part-time employees) No 2. Is your firm a construction firm? Yes 2A: If YES to number 2 above, is the average annual gross revenue for your firm for the past three (3) years greater than $9 million? No 2B: If NO to number 2 above, is the average annual gross revenue for your firm for the past three (3)years greater than $5 million? Yes 3. Which of the following best describes the gender of your firm's primary owner(at least 51% ownership): Female 4. Which of the following best describes the ethnicity of your firm's primary owner(at least 51% ownership): Hispanic/Latino If you chose"Other", Please indicate: 5. Which of following best describes the primary owner's veteran status (at least 51% ownership): Non-Veteran 6. If your firm has been certified as a Small Business (SBE), a Women Owned Business(WBE), a Minority Owned Business(MBE)or a Veteran Miami Dade County Owned Business (VBE), please indicate the agency or agencies that have granted the certification to your firm. (If you choose "other" please indicate the name or names of the certifying agency(ies)): Please save and email this document to: Keith Glatz, CPPO(email: keith.glatz@tamarac.org) Purchasing &Contracts Manager City of Tamarac Fax: (954)597-3565 Phone: (954) 597-3567 1 of 1