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City of Tamarac Resolution R-2023-040
TAMARAC The City For Your Life City of Tamarac Purchosing and Controcts Division b. Inventory of Tamarac's current transportation system by mode including data pertaining to sidewalks, trails, bicycle facilities, transit, and roadways. c. Identification of activity attractors, connection gaps in service by transportation mode, and opportunities for improving safety d. Identification of constraints and deficiencies by mode, including current and future potential transportation facility and program needs. e. List of potential options for addressing identified current and future needs; and f. List of potential public or private partnerships for funding, constructing or providing transportation improvements by mode. 2.1.5 Deliverable 3. Draft Multi Modal Transportation Connectivity Master Plan Consultant shall Draft a Multi -Modal Transportation Connectivity Master Plan including the feedback and data collected in Deliverables 1 and 2 and in consideration of the City's desire to become a Net Zero Community. The Plan shall: a. Identify the City's multi -modal transportation vision, goals, and performance measures. b. Identify problems and solutions to resolve transportation safety, connectivity and mobility needs. c. Identify current and projected future transportation needs of the City in relation to surrounding jurisdictions to the extent that they impact the City. d. Identify options that address current and projected needs by transportation mode and including maps for each mode. e. Identify a prioritized list of multi -modal transportation project(s) to address the current and projected needs of the City in consideration of the City's most current CIP. f. Include estimates of costs and potential funding sources for each transportation improvement project; and g. Develop a projected schedule for timing of improvements and opportunities for construction or implementation. 2.1.6 Deliverable 4: City Commission Adoption Hearing Consultant shall: a. Attend the adoption meeting and assist City Staff as necessary with public presentation of the item to the City Commission. b. Assist City staff post adoption of the plan as necessary with minor revisions to plan necessitated by City Commission action. 2.1.7 Consultant shall supervise the work force to ensure that all workers 3 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tomo,ar Purchasing and Contracts Division conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Consultant shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Consultant's expense. 2.1.8 Consultant 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. 3 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal 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, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant 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 Consultant will ensure that all Sub -Consultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than May 15,2024. 5) Contract Sum The Contract Sum for the above work is One Hundred Nineteen Thousand, Eight Hundred Seventy Three Dollars and Zero cents ($119,873.00). 6) Payments 4 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tamarac PUO,cuiny ood Contio, is Division The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Indemnification of Municipality and the County for Transportation Surtax Projects. The Consultant shall indemnify and hold harmless Municipality, its elected and appointed officials and employees including current, past, and future officers and employees, 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 Consultant or its Sub -consultants, agents, officers, employees or independent contractors, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of Municipality or its elected or appointed officials and employees. Municipality reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Municipality's City Manager and City Attorney, any sums due to the Consultant under this Agreement may be retained by Municipality until all of Municipality's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by Municipality. This provision as it applies to Municipality shall be in place for all projects and engagements that Consultant may receive as a result of any final agreement awarded to Consultant. When projects are funded by Broward County Transportation Surtax Project funds, the Consultant shall indemnify and hold harmless the County, its elected and appointed officials and employees including current, past, and future officers and employees, 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 Consultant or its Subconsultants, agents, officers, employees or independent Consultants, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement. County shall have the right to select its own 5 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City cj Ta,narac Purchasing and Contracts Division legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due to the Consultant under this Agreement may be retained by County until all of County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County. 7.2. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 7.3. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 7.4. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Consultant and its sub -consultants shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its sub - consultants 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. The Consultant and its sub -consultants 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 Consultant further agrees that he/she will 6 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tomoiuc Purchasing and Controcts Division ensure that all sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Consultant This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent Consultant under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant 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. 11) 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 City Attorney at the following address: Ottinot Law, P.A. 1745 Eagle Trace Blvd., Suite A Coral Springs, FI 33071 7 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Miami, FL 33131 Attn: Hans Ottinot CONSULTANT Alta Planning + Design, Inc. 711 South East Grand Avenue Portland, Oregon Attn: Alia Awwad, PE 12) Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. 13) Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Consultant certifies that Consultant is not participating in a boycott of Israel. Consultant further certifies that Consultant 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 Consultant 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. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Consultant of the City's determination concerning the false certification. Consultant 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, Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Consultant does not demonstrate that the City's determination of false 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. 14) Public Records 8 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tamarac VulO rasing and Contracts Division 14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 14.1.1 Keep and maintain public records required by the City in order to perform the service; 14.1.2 Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 14.1.3 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 contract if the Consultant does not transfer the records to the City. 14.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Consultant, or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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. 14.2 During the term of the contract, the Consultant shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 15) E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its Sub -Consultants shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its Sub -Consultants to provide Consultant with an affidavit stating that the Sub -Consultant does not employ, contract with, or subcontract with an 9 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of 7omaroc Purchasing and Contrai is Division unauthorized alien. Consultant shall maintain a copy of the Sub -Consultant's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any Sub-ConsultantfSub-Consultant 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 Sub -Consultant knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the Sub -Consultant. 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. Consultant acknowledges that upon termination of this Agreement by the City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or Sub -Consultant shall insert in any subcontracts the clauses set forth in this section; requiring the Sub -Consultants to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any Sub -Consultant or lower tier Sub -Consultant with the clauses set forth in this section. 16) Uncontrollable Forces 16.1 Neither the City nor Consultant 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. 16.2 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 written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 17) 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. 18) Venue 10 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Ti MiR.v The City For Your Life City of Tamarac Purchosing and Contracts Division 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. 19) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 20) 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 the 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 the enforceability of that provision or of the remainder of this Agreement. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 22) 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. 23) Prohibition Against Contingent Fees The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or development of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 11 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 24) Truth In Negotiation Certificate 24.1 Truth -In -Negotiation: Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate serving as representation that the Consultant's compensation under this Agreement is based upon its representations to the City, and Consultant certifies that the wage rates, factual unit costs and other information supplied to substantiate the Consultant's compensation including, without limitation, in the negotiatigrl of this Agreement, are accurate, complete and current as of the date of the Agreement. 24.2 Consultant's compensation will be reduced to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 24.3 The City shall exercise its rights under this "Certificate" within one (1) year following payment. 25) Public Records Custodian IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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 C ITYC LERK@TAMARAC.ORG Remainder of Page Intentionally Blank 12 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 CONSULTANT, signing by and through its , duly authorized to execute same. `11,.1111111frfr' p• ATTEST: berly Dill ' CMC ity Clerk Date CITY OF TAMARAC i MicheII6 J. Gomez, Mayor Date: Date rm and legal sufficiency: Attorney ATTEST: KA k+e, 32 n C- Company Na e (Co orate Secretary) Signature of President/Owner 1 1 16 N&L O 1 co- Y,- J ►JA'i 6-0 t k oriZ,, - f ype/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 ZN Z ate 13 TAMARAC The City For Your Life City of Tamoioc Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF _OREC tV-4 :SS COUNTY OFMIA LT KI6MA H 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 MIci-MEL ROSE , YP , Of c. 1�Icnnivu —i atsicn �Pl L , —� a c.a jif-pr -n, ,,* /orcurn 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 of QMgA,,,4, 23 , 2025. OFFICIAL STAMP JAMIE MARIE ANDERSON „' NOTARY PUBLIC OREGON COMMISSION NO. 1001412 MY COMMISSION EXPIRES JUNE 28, 2024 14 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Signature of Notary Public State of O rah a� o,wiTVAR1E ADPeSwJ Print, Type or Stamp Name of Notary Public ❑ Personally known to me or Produced Identification r go L Type of I.D. Produced NDID take an oath, or ❑ DID NOT take an oath. I, George Hudson, am the duly elected Chief Executive Officer of Alta Planning + Design, Inc., and acting in my representative capacity do hereby certify the Joint Shareholder and Board Resolution as set forth below, was adopted by unanimous written consent of the Shareholders and Directors acting jointly on December 14, 2020 and has not been revoked or amended and remains in full force and effect as of the date following my signature below. Dated: 2/22/2021 George Hudson, Chief Executive Officer RESOLUTION SEVEN ELECTION OF NATALIE LOZANO AS VICE PRESIDENT, CORPORATE SECRETARY, AND DIRECTOR NOW THEREFORE BE IT RESOLVED, that Natalie Lozano be, and she hereby is, elected as Vice President and Corporate Secretary of the Company, to serve until her successor is duly elected and qualified or until her earlier resignation or removal, and she is empowered with only such authority as to bind the Company for transactions for professional services provided by the Company to clients of the Company; and BE IT FURTHER RESOLVED, that Natalie Lozano be, and she hereby is, authorized to be a signatory for all banking accounts of the Company and its subsidiaries; provided nevertheless, that the signing of any and all checks or other disbursements shall first be authorized by the Chief Executive Officer, President, or Chief Financial and Administrative Officer; and BE IT FURTHER RESOLVED, that Natalie Lozano be, and she hereby is, elected as a director of the Company, to serve until her successor is duly elected and qualified or until her earlier resignation or removal. ACCEPTANCE OF APPOINTMENT AS VICE PRESIDENT, CORPORATE SECRETARY, AND DIRECTOR I, Natalie Lozano, have read and understand the terms of my appointment as Vice President, Corporate Secretary, and Director of the Company, and I do hereby affirm my acceptance of the above appointment. Dated: February 22, 2021 By: Natalie Lozano I, George Hudson, am the duly elected Chief Executive Officer of Alta Planning + Design, Inc., and acting in my representative capacity do hereby certify the Joint Shareholder and Board Resolution as set forth below, was adopted by unanimous written consent of the Shareholders and Directors acting jointly on December 14, 2020 and has not been revoked or amended and remains in full force and effect as of the date following my signature below. Dated: 2/22/2021 George Hudson, Chief Executive Officer RESOLUTION SEVEN ELECTION OF NATALIE LOZANO AS VICE PRESIDENT, CORPORATE SECRETARY, AND DIRECTOR NOW THEREFORE BE IT RESOLVED, that Natalie Lozano be, and she hereby is, elected as Vice President and Corporate Secretary of the Company, to serve until her successor is duly elected and qualified or until her earlier resignation or removal, and she is empowered with only such authority as to bind the Company for transactions for professional services provided by the Company to clients of the Company; and BE IT FURTHER RESOLVED, that Natalie Lozano be, and she hereby is, authorized to be a signatory for all banking accounts of the Company and its subsidiaries; provided nevertheless, that the signing of any and all checks or other disbursements shall first be authorized by the Chief Executive Officer, President, or Chief Financial and Administrative Officer; and BE IT FURTHER RESOLVED, that Natalie Lozano be, and she hereby is, elected as a director of the Company, to serve until her successor is duly elected and qualified or until her earlier resignation or removal. ACCEPTANCE OF APPOINTMENT AS VICE PRESIDENT, CORPORATE SECRETARY, AND DIRECTOR I, Natalie Lozano, have read and understand the terms of my appointment as Vice President, Corporate Secretary, and Director of the Company, and I do hereby affirm my acceptance of the above appointment. Dated: February 22, 2021 ' L �t `<� - By: Natalie Lozano TRANSPORTATION SURTAX ADDENDUM TRANSPORTATION SURTAX ADDENDUM FOR MUNICIPAL CONSULTANT CONTRACTS (SURTAX PROJECT#TAMA-001 RFP/RLI #23-07R) This Transportation Surtax Addendum ("Addendum") is made and entered by and between The City of Tamarac, a municipality of the State of Florida ("Municipality"), and [Alta Planning + Design, Inc.], a Oregon [corporation] ("Consultant") (each a "Party" and collectively referred to as the "Parties"). GENERAL CONDITIONS A. The solicitation, purchase order, or contract between Municipality and Consultant (all of which shall be referred to in this Addendum as the "Consulting Agreement") is funded in whole or in part by the transportation surtax levied pursuant to Section 31%2-71, et seq., of the Broward County Code of Ordinances (the "County Surtax Ordinance"). The Consulting Agreement is therefore subject to the terms and conditions of County Surtax Ordinance, Section 212.055(1) of the Florida Statutes, and the terms and conditions of the interlocal funding agreement between Broward County, a political subdivision of the State of Florida ("County") and Municipality to provide for funding of the Project (the "Funding Agreement"). B. The purpose of this Addendum is to incorporate the terms and conditions required by the County Surtax Ordinance, Section 212.055(1), Florida Statutes, and the Funding Agreement, into the Parties' Consulting Agreement. C. All contract provisions required by the County Surtax Ordinance, Section 212.055(1) of the Florida Statute, and the Funding Agreement, as amended, are incorporated in this Addendum by reference, whether or not expressly set forth in the provisions below. D. Consultant agrees to include the terms in this Addendum in each subcontract financed in whole or in part with transportation surtax funds levied pursuant to the County Surtax Ordinance. E. In the event of any conflict between the terms contained in this Addendum and those contained in the Consulting Agreement, as amended, the terms of this Addendum shall prevail. Unless otherwise expressly provided by Florida law, any terms required by the County Surtax Ordinance and Section 212.055(1) of the Florida Statutes, as amended, shall control in the event of a conflict with any provisions contained in this Addendum. F. The Parties agree to perform their respective obligations under the Consulting Agreement in accordance with the terms provided in this Addendum. 15 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 ARTICLE 1. DEFINITIONS Whenever the following terms appear in this Addendum, the intent and meaning shall be interpreted as follows: 1.1 Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2 Board means the governing body of Municipality, its successors and assigns. 1.3 Contract Administrator means the Director of Community Development, or such other person designated by the Director of Community Development in writing. The Contract Administrator is the representative of Municipality concerning the Project. 1.4 County means Broward County, a political subdivision of the State of Florida and representatives authorized by the Board of County Commissioners or the Broward County Charter to act on behalf of County. 1.5 County Business Enterprise or CBE means an entity certified as meeting the applicable requirements of Section 1-81, Broward County Code of Ordinances. 1.6 Notice to Proceed means a written authorization to proceed with the Project, phase, or task, issued by the Contract Administrator. 1.7 Oversight Board means the independent Transportation Surtax Oversight Board created pursuant to Section 31%-75 of the Broward County Code of Ordinances. 1.8 Project means The Multi -Modal Transportation Connectivity Master Plan, RFP #23-07R , TAMA-001 1.9 Purchasing Director means Municipality's Purchasing and Contracts Manager or designee authorized to execute Work Authorization provided for in the Consulting Agreement. 1.10 Services or Scope of Services means the work set forth in the Scope of Services attached to the Consulting Agreement, and shall include civil, structural, mechanical, and electrical engineering, architectural services, and other professional design services as applicable for the Project, and any optional services procured under the Consulting Agreement. 1.11 Small Business Enterprise or SBE means an entity certified as meeting the applicable requirements of Section 1-81, Broward County Code of Ordinances. 1.12 Subconsultant means an entity or individual providing services to Municipality through Consultant for all or any portion of the work under this Agreement. The term "Subconsultant" shall include all subcontractors. 16 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 ARTICLE 2 EXHIBITS Exhibit A Maximum Billing Rates Exhibit A-1 Reimbursables for Direct Non -Salary Expenses Exhibit B Schedule of Subconsultants ARTICLE 3 TIME FOR PERFORMANCE; DAMAGES 3.1 Consultant shall perform the Services within the time periods specified in the Scope of Services. Time periods shall commence from the date of the applicable Notice to Proceed. 3.2 Consultant must receive a Notice to Proceed from the Contract Administrator prior to commencement of Services and any phase of Services under this Agreement. Prior to granting approval for Consultant to proceed to any phase, the Contract Administrator may, at the Contract Administrator's sole option, require Consultant to submit the itemized deliverables and documents identified in the Scope of Services for the Contract Administrator's review. 3.3 If the Contract Administrator determines that Consultant is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by Municipality or other governmental agencies having jurisdiction over the Project and such delays are not the fault of Consultant, or because of delays caused by factors outside the control of Consultant, Municipality shall grant a reasonable extension of time for completion of the Services and shall provide reasonable compensation, if appropriate. It shall be the responsibility of Consultant to notify the Contract Administrator in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and whenever a delay has been caused by factors outside of Consultant's control, and to inform the Contract Administrator of all facts and details related to the delay. Consultant must provide such written notice to the Contract Administrator within three (3) business days after the occurrence of the event causing the delay. 3.4 If (a) Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with Municipality, or (b) if Contractor is granted an extension of time beyond said substantial completion date and Consultant's Services are extended beyond the substantial completion date through no fault of Consultant, then Consultant shall be compensated in accordance with Article 4 for all Services rendered by Consultant beyond the substantial completion date. 3.5 Notwithstanding Section 3.4, if Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with Municipality, and the failure to substantially complete is caused in whole or in part by Consultant, then Consultant shall pay to Municipality its proportional share of any claim for damages to Contractor arising out of the delay. The provisions for the computation of delay costs, damages, or any other amounts, whether direct or indirect, in the agreement between the Contractor and Municipality are incorporated herein. This section shall not affect the indemnification rights or obligations of either Party otherwise set forth in this Agreement. 17 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 3.6 If Services are scheduled to end due to the expiration of this Agreement, at the request of the Contract Administrator, Consultant agrees to continue to provide Services for an extension period, not to exceed three months, upon the same terms and conditions as contained in this Agreement. Consultant shall be compensated for such Services at the rate in effect when the extension is invoked by Municipality. To exercise an extension authorized by this section, the Purchasing Director shall notify Consultant in writing prior to the end of the term of this Agreement. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 Reimbursable Expenses. For reimbursement of any travel costs, travel -related expenses, or other direct non -salary expenses directly attributable to this Project permitted under this Agreement ("Reimbursable Expenses"), Consultant agrees to adhere to Section 112.061, Florida Statutes, except to the extent otherwise stated herein. Municipality shall not be liable for any such expenses that have not been approved in writing in advance by the Contract Administrator. Reimbursable Subconsultant expenses must also comply with the requirements of this section. 4.2 Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and 3) an operating margin. Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead rates shall be Consultant's most recent and actual rates determined in accordance with Federal Acquisition Regulation ("FAR") guidelines and audited by an independent Certified Public Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in effect for the term of this Agreement except as provided for in the Agreement. 4.2.1 Consultant shall require all of its Subconsultants to comply with the requirements of Section 4.2. 4.2.2 Salary Costs for Consultant and Subconsultants as shown in Exhibit A are the Maximum Billing Rates, which are provisional, subject to audit of actual costs, and if the audit discloses that the actual costs are less than the costs set forth on Exhibit A for Consultant or any Subconsultant, Consultant shall reimburse Municipality based upon the actual costs determined by the audit. Municipality may withhold the amount Consultant is required to reimburse Municipality from any payment due Consultant. 4.2.3 Unless otherwise noted, the Salary Costs stated above are based upon Consultant's "home office" rates. Should it become appropriate during the course of this Agreement that a "field office" rate be applied, then it is incumbent upon Consultant to submit a supplemental Exhibit A reflective of such rates for approval by Contract 18 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Administrator and, upon such Municipality's approval, invoice Municipality accordingly. 4.2.4 The total hours payable by Municipality for any "exempt" or "nonexempt" personnel shall not exceed forty (40) hours per employee in any week. If the work requires Consultant's or Subconsultant's personnel to work in excess of forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced at no more than one and one-half of the employee's hourly rate and in a manner consistent with Consultant's or Subconsultant's applicable certified FAR audit and all other provisions of Section 4.2. If a "Safe Harbor" rate is elected for use by Consultant or Subconsultant, then the additional hours are payable at no more than the employee's regular rate. 4.2.5 Consultant and any of its Subconsultants may alternatively use a "Safe Harbor" combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of this Agreement, and be applicable for use as "home" and "field" fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 4.2 remain in place. 4.3 Method of Billing. 4.3.1 For Maximum Amount Not -To -Exceed Compensation: Consultant shall submit billings that are identified by the specific project number on a monthly basis in a timely manner for all Salary Costs and Reimbursable Expenses attributable to the Project. These billings shall identify the nature of the work performed, the total hours of work performed, and the employee category of the individuals performing same. Billings shall itemize and summarize Reimbursable Expenses by category and identify the personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by Contract Administrator is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such reimbursable. Billings shall also indicate the cumulative amount of CBE participation to date. The statement shall show a summary of Salary Costs and Reimbursable Expenses with accrual of the total and credits for portions paid previously. External Reimbursable Expenses and Subconsultant fees must be documented by copies of invoices or receipts that describe the nature of the expenses and contain a project number or other identifier that clearly indicates the expense is identifiable to the Project. Subsequent addition of the identifier to the invoice or receipt by Consultant is not acceptable except for meals and travel expenses. Internal expenses must be documented by appropriate Consultant's cost accounting forms with a summary of charges by category. When 19 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 requested, Consultant shall provide backup for past and current invoices that records hours and Salary Costs by employee category, Reimbursable Expenses by category, and Subconsultant fees on a task basis, so that total hours and costs by task may be determined. 4.3.2 For Lump Sum Compensation: Consultant shall submit billings that are identified by the specific project number on a monthly basis in a timely manner. These billings shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished. Billings for each phase shall not exceed the amounts allocated to said phase. Billings shall also indicate the cumulative amount of CBE participation to date. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. When requested, Consultant shall provide backup for past and current invoices that record hours, salary costs, and expense costs on a task basis, so that total hours and costs by task may be determined. 4.4 Fiscal Year. The continuation of this Agreement beyond the end of any Municipality fiscal year is subject to both the appropriation and the availability of transportation surtax funds in accordance with Chapter 129, Florida Statutes. ARTICLE 5 AUDIT RIGHTS AND RETENTION OF RECORDS 5.1. Consultant shall preserve all Contract Records (as defined below) for a minimum period of three (3) years after expiration or termination of this Agreement or until resolution of any audit findings, whichever is longer. Contract Records shall, upon reasonable notice, be open to inspection and subject to audit and reproduction during normal business hours. Audits and inspections pursuant to this section may be performed by any representative of Municipality and/or County (including and any outside representative engaged by either Municipality and/or County). Municipality and County may conduct audits or inspections at any time during the term of this Agreement and for a period of three (3) years after the expiration or termination of this Agreement (or longer if required by Applicable Law, Municipality, and/or County). County may, without limitation, verify information, payroll distribution, and amounts through interviews, written affirmations, and on -site inspection with Consultant's employees, Subconsultants, vendors, or other labor. 5.2. Contract Records include any and all information, materials and data of every kind and character, including, without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, drawings, receipts, vouchers, memoranda, and any and all other documents that pertain to rights, duties, obligations, or performance under this Agreement. Contract Records include hard copy and electronic records, written policies and procedures, time sheets, payroll records and registers, cancelled payroll checks, estimating work sheets, correspondence, invoices and related payment 20 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 documentation, general ledgers, insurance rebates and dividends, and any other records pertaining to rights, duties, obligations, or performance under this Agreement, whether by Consultant or Subconsultants. 5.3. Municipality and Broward County shall have the right to audit, review, examine, inspect, analyze, and make copies of all Contract Records at a location within Broward County, Florida. Consultant hereby grants Municipality and County the right to conduct such audit or review at Consultant's place of business, if deemed appropriate by Municipality or Broward County, with seventy-two (72) hours' advance notice. Consultant agrees to provide adequate and appropriate workspace. Consultant shall provide Municipality and County with reasonable access to Consultant's facilities, and Municipality and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. 5.4. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for Municipality's disallowance and recovery of any payment upon such entry. 5.5. If an audit or inspection in accordance with this section discloses overpricing or overcharges to Municipality of any nature by Consultant or its Subconsultants in excess of five percent (5%) of the total contract billings reviewed, in addition to making adjustments for the overcharges, Consultant shall pay the actual cost of the audit or, if the actual cost is unreasonably high, the reasonable cost. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of the audit findings to Consultant. 5.6. Consultant shall, by written contract, require its Subconsultants to agree to the requirements and obligations as stated in this Article 5. ARTICLE 6 EQUAL EMPLOYMENT OPPORTUNITY AND CBEISBE COMPLIANCE 6.1 No Party may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Consultant shall include the foregoing or similar language in its contracts with any Subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 6.2 Consultant shall comply with all applicable requirements of Section 1-81, Broward County Code of Ordinances, in the award and administration of this Agreement. Failure by Consultant to carry out any of the requirements of this article shall constitute a material breach of this Agreement, which shall permit Municipality to terminate this Agreement or exercise any other remedy provided under this Agreement, the Broward County Code of Ordinances, the Broward County Administrative Code, or under other Applicable Law, all such remedies being cumulative. 21 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 6.3 Consultant must meet or exceed the required CBE goal by utilizing the CBE firms listed in Exhibit B (or a CBE firm substituted for a listed firm, if permitted) Since this is an Agreement for Planning Study, the OESBD has determined that there will be no CBE goal for this project. ARTICLE 7 PUBLIC RECORDS 7.1 Public Records. To the extent Consultant is acting on behalf of Municipality as stated in Section 119.0701, Florida Statutes, Consultant shall: 7.1.1 Keep and maintain public records required by Municipality to perform the services under this Agreement; 7.1.2 Upon request from Municipality, provide Municipality with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by Applicable Law; 7.1.3 Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by Applicable Law for the duration of this Agreement and after completion or termination of this Agreement if the records are not transferred to Municipality; and 7.1.4 Upon completion or termination of this Agreement, transfer to Municipality, at no cost, all public records in possession of Consultant or keep and maintain public records required by Municipality to perform the services. If Consultant transfers the records to Municipality, Consultant shall destroy any duplicate public records that are exempt or confidential and exempt. If Consultant keeps and maintains the public records, Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Municipality upon request in a format that is compatible with the information technology systems of Municipality. 7.2 A request for public records regarding this Agreement must be made directly to Municipality, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to Municipality to enable Municipality to respond to the public records request. 7.3 Any material submitted to Municipality that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition, Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual 22 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 basis for same. If that a third party submits a request to Municipality for records designated by Consultant as Trade Secret Materials, Municipality shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend Municipality and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 7525 NW 88TH AVENUE (954) 597-3505, CITYCLERKOJAMARAC.ORG, TAMARAC, FLORIDA 33321. ARTICLE 8 MISCELLANEOUS. 8.1 Indemnification of Municipality and County. Indemnification of Municipality and the County for Transportation Surtax Projects. The Consultant shall indemnify and hold harmless Municipality, its elected and appointed officials and employees including current, past, and future officers and employees, 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 Consultant or its Sub - consultants, agents, officers, employees or independent contractors, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of Municipality or its elected or appointed officials and employees. Municipality reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Municipality's City Manager and City Attorney, any sums due to the Consultant under this Agreement may be retained by Municipality until all of Municipality's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by Municipality. This provision as it applies to Municipality shall be in place for all projects and engagements that Consultant may receive as a result of any final agreement awarded to Consultant. When projects are funded by Broward County Transportation Surtax Project funds, the Consultant shall indemnify and hold harmless the County, its elected and appointed officials and employees including current, past, and future officers and employees, 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 23 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Consultant or its Subconsultants, agents, officers, employees or independent Consultants, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement. County shall have the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due to the Consultant under this Agreement may be retained by County until all of County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County. 8.2 Drug -Free Workplace. To the extent required under Section 21.23(f), Broward County Administrative Code, or Section 287.087, Florida Statutes, Consultant certifies that it has and will maintain a drug -free workplace program for the duration of the Agreement. 8.3 Truth -In -Negotiation Representation. Consultant's compensation under the Agreement is based upon its representations to Municipality, and Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant's compensation will be reduced to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 8.4 Domestic Partnership Requirement. Unless this Agreement is exempt from the provisions of the Broward County Domestic Partnership Act, Section 16%-157, Broward County Code of Ordinances ("Act"), Consultant certifies and represents that it shall at all times comply with the provisions of the Act. The contract language referenced in the Act is deemed incorporated in this Agreement as though fully set forth in this section. 8.5 Living Wage Requirement. To the extent Consultant is a "covered employer" within the meaning of the Broward County Living Wage Ordinance, Sections 26-100 through 26-105, Broward County Code of Ordinances, Consultant agrees to and shall pay to all of its employees providing "covered services," as defined in the ordinance, a living wage as required by such ordinance, and shall fully comply with the requirements of such ordinance, and that Consultant shall ensure all of its Subconsultants that qualify as "covered employers" fully comply with the requirements of such ordinance. 8.6 Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Addendum by reference. The attached Exhibits are incorporated into and made a part of the Consulting Agreement as amended herein. 8.7 Prior Agreements. The Agreement together with this Addendum represents the final and complete understanding of the Parties regarding the subject matter of the Agreement and 24 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 CONSULTANT [FOR INDIVIDUAL] WITNESSES: Signature Print/Type Name Signature Print/Type Name [FOR CORPORATION] ATTEST: Secretary AJA ciruC L a-APD (Typed Name of Secretary) CORPORATE SEAL 27 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 By. (Please Type Name) day of , 20 Alta Planning + Design, Inc. (Typed Name of Consultant/Firm) By 44e President/Vice President M►vce- goSt. \�\L (Typed Name and Title) ZH day of W nkr c.X , 2013. Exhibit A (PLEASE SEE EXHIBIT A — PAGE 31) Maximum Billing Rates Project No: 23-07R TAMA 001 Project Title: Multi Modal Transportation Connectivity Master Plan Consultant: Alta - Planning + Design, Inc. Subconsultant Name: TITLE MAXIMUM HOURLY RATE ($/HR) X MULTIPLIER = MAXIMUM BILLING RATE ($/HR) [Insert staff titles] $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multiplier of X.XX is calculated as follows: OVERHEAD = X.XX% FRINGE = X.XX% OPERATING MARGIN = X.XX% MULTIPLIER = (1 + OVERHEAD + FRINGE + ((1 + OVERHEAD + FRINGE) X OPERATING MARGIN)) / 1 Consultant Name/Title Date: 28 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Municipality Contract Administrator Date: Exhibit A-1 Reimbursables for Direct Non -Salary Expenses Reimbursable I Maximum Reimbursable NOT APPLICABLE Total Maximum Reimbursables: I $ 0.00 1 29 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Exhibit B Schedule of Subconsultants Project No: [23-07R TAMA 001] Project Title: [Multi Modal Transportation Connectivity Master Plan] Facility Name: [City of Tamarac] No. Firm Name Discipline 1. DDEC, LLC. Engineer 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 30 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 TITLE MAXIMUM HOURLY RATE (VHR) AL-il X MULTIPLIER = MAXIMUM BILLING RATE WHR Principal -In -Charge $70.11 3.35 $234.87 ect Mana er .OS 3.35 161.07 Drina I Design AxIvisor $81.96 3.35 $274.57 Drina EnQuw!,mng Advisor 1~2221 $78.78 3.35 $263.91 Planmw $67.98 3.35 i227.73 Senior Data Science Lead $64.93 3.35 $217.52 Civic Data An 3.35 132.19 Art Director 3.35 $159.46 RMIis Designer 3.35 $124.08 ISen"Planner R$3877 3.35 $205.25 3.35 135.27 Senior - 3.35 $183.21 3.35 $129.88 Plammw $27.88 3.35 $93.40 Designer I 31.83 1 3.35 $106.63 PrindiDW S6&97 1 35 SM4.35 Admnistrative Assistant $28.37 3.35 $95.04 Pnna al En ineer Ljcensedi 85.O0 Senior Tra on E ineer Licensed) $235_DO Fronspoftbon Ln ineer censed $160.DO Intern Licensed $14D_DO Senior Prixect Manager Licensed 185.0D ed Mena er E150_DD Senior Cadd Technician $140.DD Cadd Teexxrcian $10000 Principal Planner Licensed fee 225.00 Senior jLarme2qgon Planner Licensed 220.00 O Senior Pl�mer Licensed $185.00 PMar $140.00 Senior Designer $140,00 GIS Technician S125.Q0 GIS Analyst 120.OD Comm"cation Specialist $150.00 Grants Coordinator E140.00 Web De 120.OD Proaram Man r 150.00 Program Coordinator b1D0.00 Administrative Assistard $85.OD Intem $75.00 31 23-07R Multi Modal Transportation Connectivity Master Plan TAMA 001 Request for. Proposal The City For Your Life 23-07R Multi -Modal Transportation Connectivity Master Plan (Mobility Advancement Project TAMA-001) Publish Date: 10/30/2022 Pre -Proposal Conference: 11/9/2022 VIA Microsoft Teams at Link Below: Click here to join the meeting Meeting ID: 217 972 710 814 Passcode: oJKyxC Or Call in (audio only) +1 954-289-2459 753567837# Phone Conference ID: 753 567 837# All Questions Due: 11/17/2022 by 5:00 PM Proposal Due and Proposal Closing Date: 11 /29/2022 at 3:00 PM Where to Deliver Proposal Online At: https:Htamarac.bidsandtenders ora City of Tamarac Purchasing & Contracts Division 7525 NW 88th Avenue Room 108 (954) 597-3570 For Community Development Department TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Table of Contents Requestfor Proposal................................................................................................ ADVERTISEMENT INVITATION TO PROPOSAL(RFP).............................................................................................................4 OURVISION AND MISSION.......................................................................................................................................... INSTRUCTIONSTO PROPOSERS 1. .............................................................................................................................................6 SUBMISSION OF THE PROPOSAL 2. ...............................................................................................................................6 PRE -PROPOSAL MEETING..........................................................................................................................................6 3. TYPES OF SOLICITATIONS ISSUED BY THE CITY 4. .....................................................................................................6 WITHDRAWAL OF PROPOSAL 5. .....................................................................................................................................7 OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS 6. ........................................................................................7 NON -COLLUSIVE AFFIDAVIT 7. .......................................................................................................................................7 CONFLICT OF INTEREST.............................................................................................................................................7 8. QUANTITIES..................................................................................................................................................................7 9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS 10. ...............................................................................7 DELIVERY.....................................................................................................................................................................8 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS 12. ..........................................................................................8 SAMPLES AND DEMONSTRATIONS 13. ............................................................................................................................9 BACKGROUND INVESTIGATION.......................................................................................... 14. CLARIFICATION & ADDENDA.......................................................................................................................................9 15. CONTACT INFORMATION AND QUESTIONS FOR ADDENDUM 16. ...............................................................................10 PROPOSAL RESPONSE TABULATION 17. ......................................................................................................................10 UNBALANCED PROPOSALS......................................................................................................................................10 18. UNIT PRICES..............................................................................................................................................................11 19. FORM AGREEMENT DOCUMENT 20. ......................................................................................................................: OTHER GOVERNMENTAL ENTITIES 21. .........................................................................................................................11 PROTESTS..................................................................................................................................................................11 22. DIGITAL FORMS TO BE COMPLETED WITH PROPOSAL 23. .........................................................................................11 FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION 24. ......................................................11 PROPOSAL BOND SUBMITTAL..................................................................................................................................12 25. CONSIDERATION OF CONVICTION HISTORY EMPLOYMENT POLICIES 26. ...............................................................12 BROWARD COUNTY MOBILITY ADVANCEMENT PROGRAM PROJECTS ...............................................................12 STANDARDTERMS AND CONDITIONS 1. ..................................................................................................................................13 WARRANTIES.................................................................................................................................................... 2. CONDITIONS OF MATERIALS....................................................................................................................................13 3. DELIVERIES................................................................................................................................................................13 4. COPYRIGHTS OR PATENT RIGHTS 5. ..........................................................................................................................13 SAFETY STANDARDS................................................................................................................................................14 6. PERFORMANCE.........................................................................................................................................................14 7. INSPECTION...............................................................................................................................................................14 8. TERMINATION.............................................................................................................................................................14 9. ASSIGNMENT.............................................................................................................................................................14 10. EMPLOYEES.............................................................................................................................. 11. NON-DISCRIMINATION / EQUAL OPPORTUNITY EMPLOYMENT 12. ............................................................................15 TAXES.........................................................................................................................................................................15 13. OMISSION OF DETAILS..............................................................................................................................................15 14. INSURANCE REQUIREMENTS...................................................................................................................................15 15. INDEMNIFICATION.....................................................................................................................................................16 16. INDEPENDENT CONTRACTOR..................................................................................................................................16 23-07R -Multi Modal Transporfation Connectivity Master Plan � TAMARAC City of Tamarac The City For Your Lit® Purchasing and Contracts Division 17. VENUE......................................................................................................................................................................... i r 18. SCRUTINIZED COMPANIES.......................................................................................................................................17 19. RECORDS/AUDITS.....................................................................................................................................................17 20. BUDGETARY CONSTRAINTS.....................................................................................................................................18 21. E-VERIFY COMPLIANCE............................................................................................................................................18 22. CUSTODIAN OF RECORDS........................................................................................................................................19 SCOPEOF WORK....................................................................................................................................................................20 1. DESCRIPTION OF WORK...........................................................................................................................................20 2. REQUIRED TASKS AND DELIVERABLES..................................................................................................................21 3. CONTACT INFORMATION AND QUESTIONS............................................................................................................23 4. SCHEDULE OF DELIVERABLES................................................................................................................................24 5. PROPOSAL NARRATIVE............................................................................................................................................24 6. OTHER REQUIREMENTS FOR SUBMITTALS............................................................................................................25 SPECIALCONDITIONS............................................................................................................................................................26 1. ASSIGNMENT OF CONTRACT...................................................................................................................................26 2. PAYMENT....................................................................................................................................................................26 3. CONTRACT DOCUMENTS..........................................................................................................................................26 4. INELIGIBLE CONSULTANTS......................................................................................................................................26 5. BROWARD COUNTY MOBILITY ADVANCEMENT PROGRAM PROJECTS...............................................................27 6. FORM AGREEMENT...................................................................................................................................................27 7. PROPOSAL PREPARATION EXPENSE......................................................................................................................27 8. PROPOSAL SUBMITTAL PRICES...............................................................................................................................27 1. PURPOSE OF PROPOSAL.........................................................................................................................................28 2. BASIC DEFINITIONS...................................................................................................................................................28 3. ENUMERATION OF PRECEDENCE OF PROPOSAL DOCUMENTS..........................................................................31 PROPOSAL SELECTION & EVALUATION OF PROPOSALS..................................................................................................32 1. ACCEPTABILITY OF PROPOSALS.............................................................................................................................32 2. EVALUATION METHOD AND CRITERIA.....................................................................................................................32 3. WEIGHTED CRITERIA...............................................................................................................................................33 4. MAXIMUM TECHNICAL POINTS (Up to 100 Points)....................................................................................................33 5. BEST VALUE SCORING..............................................................................................................................................33 6. DISCUSSIONS & PRESENTATIONS...........................................................................................................................34 7. AWARD OF AGREEMENT...........................................................................................................................................34 8. RIGHT TO REJECT PROPOSALS...............................................................................................................................34 SAMPLEAGREEMENT DOCUMENT.................................................................................................................................................46 GENERALCONDITIONS...........................................................................................................................................................46 ARTICLE1. DEFINITIONS...................................................................................................................................................47 ARTICLE2 EXHIBITS.........................................................................................................................................................48 ARTICLE 3 TIME FOR PERFORMANCE; DAMAGES........................................................................................................48 ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT............................................................................................49 ARTICLE 5 AUDIT RIGHTS AND RETENTION OF RECORDS..........................................................................................51 ARTICLE 6 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE........................................................52 ARTICLE7 PUBLIC RECORDS..........................................................................................................................................53 ARTICLE8 MISCELLANEOUS...........................................................................................................................................54 ExhibitA Maximum Billing Rates...................................................................................................................................................59 Exhibit A-1 Reimbursables for Direct Non -Salary Expenses...............................................................................................................60 Reimbursable..............................................................................................................................................................................60 MaximumReimbursable...............................................................................................................................................................60 TotalMaximum Reimbursables:....................................................................................................................................................60 23-07R - Multi Modal Transportation Connectivity Master Plan 2 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division ExhibitB Schedule of Subconsultants.............................................................................................................................................61 Remainder of Page Intentionally Blank 23-07R - Multi Modal Transportation Connectivity Master Plan TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 10/27/2022 i rc ADVERTISEMENT INVITATION TO PROPOSAL (RFP) ALL QUALIFIED PROPOSERS: Sealed Proposals, addressed to the Sr. Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received electronically via the City's encrypted procurement management system, bids&tendersTI until 3:00 PM local time Tuesday November 29, 2022 for: Multi -Modal Transportation Connectivity Master Plan The City of Tamarac is hereby requesting Proposals, from qualified Consultants to provide the City with a Multi -Modal Transportation Connectivity Master Plan. **NOTE** This is a Broward County Mobility Advancement Project. The overall intent of this effort will be to develop a comprehensive Multi -Modal Transportation Master Plan document that will provide recommendations for short, medium, and long-range future transportation needs in the City of Tamarac and its immediate surrounding area. The document will assess the existing conditions of the City's various transportation modes including, without limitation, vehicle, bike, pedestrian, transit, and multi -use paths ancillary to roadway improvements but can be separated from motorized vehicular traffic; and provide strategies and recommendations that will address deficiencies, improve inter - connectivity, while optimizing safety to eliminate traffic related injuries and fatalities in alignment with Vision Zero policies. Separation of the motorized vehicular traffic using multimodal paths and facilities should enhance safety for pedestrians, bicyclists, and users of personal conveyance devices that are ancillary to roadway improvements. The document shall also be consistent with the City's Comprehensive Plan, Broward County's MPO Transportation Planning Guidebook, incorporating Complete Streets and Congestion Management/Livability Planning policies and provide guidance to not only maximize but also prioritize future transportation investments. The Master Plan must demonstrate and embody the goals of the Surtax, which include: creating connectivity, including first -mile and last -mile connections to public transit; traffic system management; improving transit services; enhancing multimodal options; and economic development and benefits. A Non -Mandatory Pre -Bid Conference will be held on Wednesday, November 9 2022, @ 10:OOAM Eastern Local Time via Microsoft Teams and can be joined by phone at 1-954-289-2459 753567837#. Please note that this meeting will be recorded and uploaded to Bids&Tenders but it is highly encouraged that all parties interested in bidding on this project should attend this meeting. Sealed Proposals must be received electronically via the City's encrypted procurement management system, bids&tendersTM on or before the date and time referenced above. Any Proposals received after 3:00 PM on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Minority -Owned, Black -Owned, Woman - Owned, and Small Business Enterprises are encouraged to respond to this solicitation. City reserves the right to reject any or all Proposals, to waive any minor informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained electronically ONLY at: https://tamarac.bidsandtenders.org/Module/Tenders/en Rhonda Kaplan Senior Procurement Specialist Publish Sun -Sentinel: 10/30/2022 23-07R — Multi Modal Transportation Connectivity Master Plan City of Tamarac TAMARAC The City For Your Life OUR VISION AND MISSION Purchasing and Contracts Division Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this quotation invitation. ACCESSIBILITY The information contained in this document is available in an accessible format at: htti)s://tamarac.bidsandtenders.org/Module/Tenders/en. INTRODUCTION It is the intent of the City to award the proposal to the responsive proposer providing a response which is most advantageous to the City. This proposal is issued pursuant to, and governed by the laws of the State of Florida, Article VII "Financial Procedures", Section 7.11, "Requirements for Public Bidding, of the City of Tamarac Charter; and Chapter 6 "Finance and Taxation", Article V, the Tamarac Procurement Code. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. 23-07R — Multi Modal Transportation Connectivity Master Plan TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division INSTRUCTIONS TO PROPOSERS 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN It is the intent of the City to award the proposal to the responsive proposer providing a response which is most advantageous to the City. This proposal is issued pursuant to, and governed by the laws of the State of Florida, Article Vll "Financial Procedures", Section 7.11, "Requirements for Public Bidding, of the City of Tamarac Charter; and Chapter 6 "Finance and Taxation'; Article V, the Tamarac Procurement Code. 1. SUBMISSION OF THE PROPOSAL 1.1 The Responding firm is directed to submit all proposals online at https:Htamarac.bidsandtenders.org/Module/Tenders/en no later than the date and time specified on the cover page of this solicitation document. Proposals will not be considered and cannot be entered online after the above referenced closing date. The City will not be responsible for a late proposal as a result of the vendor's inability to respond and upload their proposal response in a timely manner. 1.2 It is the Responding firm's responsibility to read and understand the requirements of this Proposal request. Unless otherwise specified, the Responding firm must use the Proposal form located online for Request for Proposal document submission. All Proposals shall be submitted in the English language. All prices, terms and conditions Proposal in the submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for ninety (90) calendar days from the date of the Proposal closing unless otherwise stated by the City. 1.3 The Responding firm preparing a Proposal in response to this solicitation shall bear all expenses associated with its preparation. The Responding firm shall prepare a Proposal with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. PRE -PROPOSAL MEETING The City may hold a pre -Proposal conference for this project. The information regarding such meeting will be noted on the cover page or advertisement page of this document. 3. TYPES OF SOLICITATIONS ISSUED BY THE CITY Anytime the City releases a new solicitation it will contain a suffix of one of the following types: B = Invitation to Bid (ITB) R = Request for Proposal (RFP) L = Letter of interest (LOI) Q = Request for Qualifications (RFQ) RB/RP = Re-Bid/Proposal FQ = Formal Quotation (RFFQ) IQ = Informal Quotation (RFIQ) HQ = Housing Quotation (RFHQ) This suffix will determine what type of solicitation the City will be procuring. 23-07R — Multi Modal Transportation Connectivity Master Plan TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 4. WITHDRAWAL OF PROPOSAL Any Responding firm may withdraw its Proposal prior to the indicated opening time. The request for withdrawal must be completed online at https://tamarac.bidsandtenders.org/Module/Tenders/en if requested prior to the Proposal closing date and time. 5. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS 5.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. 5.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the requirements in every respect. 6. NON -COLLUSIVE AFFIDAVIT Each Consultant shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Responding firms shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS 9.1 Firm Pricing: Proposal prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, pricing submitted shall be fixed and firm for a period of ninety (90) calendar days including when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for Proposal evaluation. 23-07R — Multi Modal Transportation Connectivity Master Plan TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 9.2 Prompt Payment Discounts: Responding firms are encouraged to provide prompt payment terms in the space provided on the Proposal Form. If no payment discount is offered, the Responding firm shall enter zero (0) for the percentage discount to indicate net 30 days. If the Responding firm does not enter a percentage discount, it is understood and agreed that the payment terms shall be two percent (2%) ten (10) days, net thirty (30) days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check All payments shall be governed by the Local Government Prompt Payment Act F S Chapter 218 (See link for more information) 9.3 ****************IMPORTANT NOTE**********************Payments by Electronic Funds Transfer: ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at hftps://tamarac.seamIessdocs.com/f/DirectDePosit. 9.4 Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Proposal price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the quotation. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS 11.1 Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired and are not intended to restrict competition unless otherwise specified in the Proposal. The Responding firm may offer any brand which meets or exceeds the specifications for any item(s) unless the specification specifically requires the use of a certain brand or model to provide for compatibility with existing items already in place at the City. 11.2If Proposals are based on equivalent products, indicate on the Proposal form the manufacturer's name and model/catalog number. Responding firm shall submit complete descriptive literature and/or specifications with the Proposal. The burden of proof for specification compliance is solely on the Responding firm. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for Proposal disqualification. If Responding firm fails to name a substitute, it will be assumed that the Responding firm has submitted a Proposal which conforms in all aspects to the requirements of the Proposal document, and that the Responding firm intends to furnish goods identical to the Proposal standard. 23-07R — Multi Modal Transportation Connectivity Master Plan 8 TAMARAC City of Tamarac Purchasing and Contracts Division The City For Your Life 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within seven days of the request unless otherwise stated in the Proposal. Each sample must be marked with the Responding firm's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Responding firm. 13. BACKGROUND INVESTIGATION As a part of the Proposal evaluation process, the City may conduct a background investigation including a criminal record check of Responding firm's officers and/or employees, by the Broward County Sheriff's Office. Responding firm's submission of a Proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Responding firm's qualifications. 14. CLARIFICATION & ADDENDA 14.1 It is essential that all vendors receiving a Proposal or proposal download the document from the City's web -site. 14.2 All bidders / proposers must visit https:Htamarac.bidsandtenders.org/ to download Proposal documents. Proposers must create a New Account with the City's solicitation distribution partner, bids&tenders TM, and must select the commodity codes for which they wish to be notified. Upon selection of commodity codes and the completion of registration, proposers will receive electronic e-mail notifications any time new solicitations are uploaded for the specific commodity codes selected. The notifications will provide vendors a link, allowing the vendor to download the package and receive all new addendums released by the City for that solicitation. It is the Consultant's responsibility to select the correct Commodity Code associated with what type of items or services they can provide to the City. 14.3 Upon completion of the registration process, a confirming e-mail will be sent to the individual who registered. Addendums will be uploaded to the City's website but regardless of the means of transmission of an Addendum it is the responsibility of the bidder or proposer to ensure that they have received all addendums issued for a solicitation prior to submitting a response. Proposers shall be solely responsible for maintaining accurate contact data with the Bids and Tenders. The City shall under no circumstances be responsible for and errors or omissions in vendor's contact information on file with. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org. 14.4 Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope or Work outlined in this quotation, the Special Conditions and/or the Scope or Work shall prevail. 14.5 The Responding firm shall examine all Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Responding firm shall contact the Purchasing & Contracts Division Office immediately. 23-07R - Multi Modal Transportation Connectivity Master Plan 9 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 14.6 Any inquires, suggestions, requests concerning clarification, or requests for additions information shall be submitted online as shown below. 15. CONTACT INFORMATION AND QUESTIONS FOR ADDENDUM For inquiries regarding this or any solicitation Proposers must submit questions online at https://tamarac.bidsandtenders.org/Module/Tenders/en Once on the webpage Proposer should click the solicitation they are interested in and click the "Submit a Question Button". All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City's website and available for all firms registered as plan holders. An example screen shot from the City's electronic procurement system platform regarding how to submit a question is shown below: Welcome to the City of Tamarac Current Solicitations Website F"111-1.,. ""'"°` 1-1 : g" Tbb aA. eAowA pOwnXN BlOoan u NeMe a Bi001np SyNmn YenOm acmum. SWOme ealetl cOmm061, WOee bi gaoM .nO..Mw aM ua BiOdiq Byaum aiA nobry Me Vndor M mA o/ SE OPPartnloa m.1NWp aw cemmaay taM eNmtlon BWOm. w nWFy reapamMa far auwMgpwr YantlOr ecWun Inlama0on 4 h.N wnwF. imN.pby+wpineauctlona on lw-wcnW .n AccOuw pl.... nrarolM'.:.,I:... ,.�I. PU .g S.Ppme H yW hm gua m show a apocfAt bW op-1ti p*o 0boa Yeur Mgay u 1he tmmape kod n Au hW 0ocummt T.thh supp— HYouMCOWHmiathnkailFwae. pubs tOnutl, •. .. fno IpgeinpnaWWWr wrtml aOAM 01E appmuMWa P4..o rNu 10 Au$INw co4mnHNe iNu pN1mM1HNa 010 aopon. fbfWm .14.O ALepin GCreate Acwunt Ck 0-- eW N.n- SW Sawa BW Cb.inp O.q 0,, Leh 11.178-COmbuctlOA 0 Su Naar kAnWc ft1k ow Two Aug 1. 301700019 pm 5 ® F.HLel . I Gannla.H t)wvmvnla-:I 1 AOex-aa - , The City dT s Fl,W ha. Wmmbebn+dSl.rp1 GWW,k fW.W 1-9h Ol..Ovic SW611n1 Wueel. 5—Ha 1n ('M W)1nAMrmh N09,4_ lue W*.ft 0 O.Yutl N bwuet PO pmh KKN+H N 110000 W MW RaaH. T—Im F11— Tha wrah xiA'Its" M. ep,, 01 T.mmac .. b. impacts b g0ashiena W p... ea1...al.av h*tl ft W.W • Ow hlpHll xMa p+H' Artb1 Margl UiVaNt Na01eW ('Arosv)wM Ne nepenaihb Mr ua am.Xt tr+Nbn and m-enlgM cl ma ImisOatlOn Olga /mi vpM The City of Tamarac reserves the right to amend this Proposal prior to the Proposal closing date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. **** SPECIAL NOTE -- Addendums will only be issued electronically through the City's web -site. Vendors will be notified of the availability of new solicitations and addendums via e-mail (per the vendor's selected commodity choice). 16. PROPOSAL RESPONSE TABULATION When a RFP or Proposal Closes an unofficial Proposal, tabulation which lists only the names of the responding firms will be posted online at: https://tamarac.bidsandtenders.org Responding firms will be able to download the unofficial Proposal tabulation at the link provided directly above. The City may or may not notify unsuccessful Responding firms of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids and quotations or proposals received by an agency pursuant to invitations for bids or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3) (a), or within 30 days after bid/proposal opening, whichever is earlier. 17. UNBALANCED PROPOSALS When a unit price Proposal has variable or estimated quantities, and the Proposal shows evidence of unbalanced Proposal pricing, the City reserves the right to reject such Proposal. 23-07R — Multi Modal Transportation Connectivity Master Plan 10 City of Tamarac 18. UNIT PRICES TAMARAC The City For Your Life Purchasing and Contracts Division Where a discrepancy between unit price and total price is indicated on a Responding firm's online submitted Schedule of Proposal Prices or Price Proposal Form, the unit prices shall prevail. 19. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Form Agreement document. Responding firms shall be responsible for complying with all the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Responding firms shall note any deviation or variance with the Form Agreement document at the time of the online Proposal submission. 20. OTHER GOVERNMENTAL ENTITIES If a Responding firm is awarded a contract because of this Request for Proposal, responding firm will, if Responding firm has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Request for Proposal and resulting contract. The other governmental agency's scope of work must be similar to the requirements of this RFP, and pricing must be able to be directly applied to tasks required by the other government agency. Prices shall be F.O.B. Destination to the requesting agency. 21. PROTESTS Any actual or prospective bidder, offeror, or Consultant who is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing and contracts manager. The protest shall be submitted in writing within five (5) business days after such aggrieved person knows or should have known of the facts giving rise thereto and shall be submitted with the procedures outlined in section 6-154 "Appeals and remedies" of the Tamarac procurement code, available at the following link: https://www.municode.com/library/fl/tamarac/codes/code of ordinances?nodeld=PTIICO CH6FITA ARTV TAPRCO 22. DIGITAL FORMS TO BE COMPLETED WITH PROPOSAL The following fillable digital forms have been created and must be submitted / acknowledged with each Proposal: Certification Vendor Drug -Free Workplace Proposer's Qualification Statement References Scrutinized Companies List E- Verify Form Sub -Consultant Form (Applicable if above Twenty percent (20%) Firm's Primary Ownership Vendor Ownership Information Conviction History Employment Policy Inquiry 23. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION The following forms must be filled out, scanned back and uploaded to the defined section below: Document Upload # I Required forms to be printed out, filled out, scanned back in and uploaded 23-07R - Multi Modal Transportation Connectivity Master Plan 11 TAMARAC .00- Purchasing and Contracts Division City of Tamarac The City For Your Life r ment U load 1: Non -Collusive Affidavit and Acknowled ment Non -Collusive Affidavit ment U load 2: Certified Resolution ment Upload 3: Narrative Response addressing the requirements herein. Document Upload 4: Trench Safety Form If Applicable) Document Upload 5: Proof of State Certified or County Competency OR Professional Licenses Requested Document Upload 6: Certificate of Insurance Proof of Requirements Document Upload 7: w9 Validation that Proposer has policies in place to exclude requesting criminal history information from employment candidates until after the Proposer initially determines that a candidate is Document Upload 8: otherwise qualified for the job being advertised Failure to provide the requested attachments nay result in your Proposal being deemed non- responsive. 24. PROPOSAL BOND SUBMITTAL NOT REQUIRED FOR THIS PROJECT. 25. CONSIDERATION OF CONVICTION HISTORY EMPLOYMENT POLICIES 26.1 The policy of the City of Tamarac is that it will not include any question on any application for employment, inquire either orally or in writing, receive information about an applicant's criminal history background check, or otherwise obtain information about an applicant's criminal history until after the City initially determines that the applicant is otherwise qualified for a position. Once the City has initially determined that an applicant is otherwise qualified, the City may inquire into or obtain information about a criminal record. 26.2 The City encourages vendors that do business with the City to adopt and employ conviction history policies, practices, and standards that are consistent with the policies found in the first paragraph of this section herein. The City reserves the right to review all vendors' conviction history policies for consistency with City standards. 26.3 Vendors are requested to provide information relating to their policies regarding criminal information history and will be asked to provide information as a part of vendor's electronic response. Vendors with criminal history information procedures that conform to the requirements of this section may also provide validation of their procedures by uploading copies of their written policy and/or copies of their employment applications along with their electronic submittal response. 26. BROWARD COUNTY MOBILITY ADVANCEMENT PROGRAM PROJECTS Goal Participation: The funding for this project will be provided through the Broward County Municipal Transportation Mobility Advancement Program administered by the Broward County Board of County Commissioners. Accordingly, the City of Tamarac will require compliance with the requirements of the Broward County program, which includes a provision that establishes a specific participation goal for small businesses who have been certified by Broward County Office of Economic and Small Business Development (OESBD) as a Broward County certified County Business Enterprises (CBE). Per these requirements, solicitations may include a specified goal for projects for the utilization of Broward County certified County Business Enterprises (CBE), however, THERE ARE NO CBE GOALS ESTABLISHED FOR THIS SPECIFIC PROJECT. 23-07R - Multi Modal Transportation Connectivity Master Plan 12 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division STANDARD TERMS AND CONDITIONS 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN These Standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Responding firms including but not limited to Invitations for Bid, Requests for Quotation and Requests for Proposal. As such the words "quotation", "bid" and "proposal" may be used interchangeably in reference to all offers submitted by prospective Responding firms. Any and all special conditions in this solicitation or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these Standard Terms and Conditions. If no changes or deletions to Standard Conditions are made in the Special Conditions, then the Standard Terms and Conditions shall prevail in their entirety. 1. WARRANTIES 1.1 Successful Offeror warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 1.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 1.3 Successful Offeror warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 1.4 All warranties made by Successful Offeror together with service warranties and guarantees shall run to City and the successors and assigns of City. 2. CONDITIONS OF MATERIALS All materials and products supplied by the Responding firm in conjunction with this Proposal shall be new, warranted for their merchantability, fit for a purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. If any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Responding firm at no cost to the City. Successful Responding firm shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period that may be specified below shall commence upon final acceptance of the product. 3. DELIVERIES Any item requiring delivery by the Offeror or by sub -Consultants shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part thereof, without obligation if delivery is not made at the time specified in the proposal. 4. COPYRIGHTS OR PATENT RIGHTS 23-07R — Mcdti-Modal Transportation Connectivity Master Plan 13 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division The Responding firm warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered because of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 5. SAFETY STANDARDS The Responding firm warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall follow Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered because of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 6.PERFORMANCE Failure on the part of the Proposing firm to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance -based contracting. The City may, by written notice to the Responding firm, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 7. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 8. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance -based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. If the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT: This agreement shall remain in full force and effect only if 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. 9. ASSIGNMENT The Responding firm shall not transfer or assign the performance required by this Proposal without the prior written consent of the City. Any award issued pursuant to this Proposal and monies that may become due hereunder are not assignable except with prior written approval of the City. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or 23-07R - Multi -Modal Transportation Connectivity Master Plan 14 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner who can legally bind the company, stating that they will continue to perform the requirements of the contract in compliance with all the terms, conditions, and specifications so stated in the contract. 10. EMPLOYEES Employees of the Responding firm shall always be under its sole direction and not an employee or agent of the City. The Responding firm shall supply competent and physically capable employees. The City may require the Responding firm to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Responding firm shall be responsible to the City for all acts and omissions of all employees working under its directions. 11. NON-DISCRIMINATION / EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the successful Consultant and its sub -Consultants shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its subconsultants 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, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant and its subconsultants 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 Consultant further agrees that he/she will ensure that all subconsultants, if any, will be made aware of and will comply with this nondiscrimination clause. 12. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 13. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the Responding firm of supplying such product(s) as specified. 14. INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, responding firm agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Consultant, its employees, agents, or subconsultants, if any, with respect to the work and services described herein. Responding firm shall obtain at Responding firm's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Responding firm shall maintain such insurance in full force and effect during the life of this Agreement. Responding firm shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this 23-07R — Multi -Modal Transportation Connectivity Master Plan 15 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Agreement. Responding firm shall indemnify and save the City and the Broward County Board of County Commissioners, it's officers, agents and employees, harmless from any damage resulting to it for failure of either Responding firm or any subconsultant to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: • General Liability - $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement that may be outlined below. Neither Responding firm nor any subconsultant shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Responding firm will ensure that all subconsultants will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days' notice prior to cancellation. The Responding firm's liability insurance policies shall be endorsed to add the City of Tamarac and the Broward County Board of County Commissioners as "additional insureds". The Responding Firm's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding firm shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Responding firm purchase a bond to cover the full amount of the deductible or self -insured retention. If the Responding firm is to provide professional services under this Agreement, the Responding firm must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. A sample Insurance certificate validating that the responding firm has the required insurance coverage that will meets the requirements outlined herein must be uploaded with Responding firm's Proposal. 15. INDEMNIFICATION The Responding firm shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees 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 Responding firm or its Subconsultants, agents, officers, employees or independent Consultants, 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 of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 16. INDEPENDENT CONTRACTOR 23-07R — Multi -Modal Transportation Connectivity Master Plan 16 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the successful Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City, and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 17. VENUE Any Agreement resulting from this solicitation 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. 18. SCRUTINIZED COMPANIES By execution of this bid/proposal, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer 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 Proposer 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. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Consultant of the City's determination concerning the false certification. Consultant 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, Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Consultant does not demonstrate that the City's determination of false 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. 19. RECORDS/AUDITS 19.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 19.1.1 Keep and maintain public records required by the City to perform the service; 19.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be 23-07R — Multi -Modal Transportation Connectivity Master Plan 17 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 19.1.3 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 contract if the Consultant does not transfer the records to the City. 19.2 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Consultant, or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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. 19.3 During the term of the contract, the Consultant shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 20. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. 21. E-VERIFY COMPLIANCE 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 23-07R — Multi -Modal Transportation Connectivity Master Plan 18 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of tnis 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 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 22. 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 CITY.CLERK@TAMARAC.ORG 23-07R — Multi -Modal Transportation Connectivity Master Plan 19 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SCOPE OF WORK 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN It is the intent of the City to award the proposal to the responsive proposer providing a response which is most advantageous to the City. This proposal is issued pursuant to, and governed by the laws of the State of Florida, Article VII "Financial Procedures", Section 7.11, "Requirements for Public Bidding, of the City of Tamarac Charter; and Chapter 6 "Finance and Taxation", Article V, the Tamarac Procurement Code. 1. DESCRIPTION OF WORK 1.1 Overview: The City of Tamarac seeks proposals from qualified Respondents to provide professional services involving highly technical tasks regarding the development of a Multi -Modal Transportation Connectivity Master Plan. The City's Multi -Modal Transportation Connectivity Master Plan must look into the future to address a 25-year planning horizon to include short, medium, and long-range strategies that will lead to the development of an integrated multi -modal interconnected transportation system. The overall intent of this effort will be to develop a comprehensive Multi -Modal Transportation Master Plan document that will provide recommendations for short, medium, and long-range future transportation needs in the City of Tamarac and its immediate surrounding area. The document will assess the existing conditions of the City's various transportation modes including, without limitation, vehicle, bike, pedestrian, transit, and multi -use paths ancillary to roadway improvements but can be separated from motorized vehicular traffic; and provide strategies and recommendations that will address deficiencies, improve inter -connectivity, while optimizing safety to eliminate traffic related injuries and fatalities in alignment with Vision Zero policies. Separation of the motorized vehicular traffic using multimodal paths and facilities should enhance safety for pedestrians, bicyclists, and users of personal conveyance devices that are ancillary to roadway improvements. The document shall also be consistent with the City's Comprehensive Plan, Broward County's MPO Transportation Planning Guidebook, incorporating Complete Streets and Congestion Management/Livability Planning policies and provide guidance to not only maximize but also prioritize future transportation investments. The Master Plan must recommend improvements that only comply with Section 212.055(1), Florida Statutes, and demonstrate and embody the goals of the Surtax, which include: creating connectivity, including first -mile and last -mile connections to public transit; traffic system management; improving transit services; enhancing multimodal options; and economic development and benefits. 1.2 Background: The City of Tamarac is a growing municipality located in southeast Florida that extends 8.5 miles eastward from 1-75 to just west of 1-95 in central Broward County. Tamarac is approximately 12 square miles in size and is the 12th most populous city in Broward County with an estimated population of 67,000 residents. The City has experienced significant growth over the past several years, with an increase in population of 9.8 percent since the 2010 U.S. Census and will continue to experience significant growth resulting from newly built and redeveloped properties within its municipal boundaries. 23-07R — Multi -Modal Transportation Connectivity Master Plan 20 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 1.3 Objectives: The overall intent of this effort will be to develop a comprehensive Multi -Modal Transportation Master Plan document that will provide recommendations for short, medium, and long-range future transportation needs in the City of Tamarac and its immediate surrounding area. The document will assess the existing conditions of the City's various transportation modes including vehicle, bike, pedestrian, transit, and multi- use paths, etc. and provide strategies and recommendations that will address deficiencies, improve inter -connectivity, while optimizing safety to eliminate traffic related injuries and fatalities in alignment with Vision Zero policies. The document shall also be consistent with the City's Comprehensive Plan, Broward County's MPO Transportation Planning Guide Book, incorporating Complete Streets and Congestion Management/Livability Planning policies and provide guidance to not only maximize but also prioritize future transportation investments. 2. REQUIRED TASKS AND DELIVERABLES The City of Tamarac Multi -Modal Transportation Connectivity Master Plan shall present findings and recommendations of a technical study that support the City's desired transportation planning goals for a multi -modal interconnected transportation network through the year 2045, and the development of the document shall include, but not be limited to the analysis of the data resulting from the following: 2.1 Deliverable 1. Public Workshop/Kick-Off Meeting. *(This deliverable may be performed in a virtual format at the City's discretion. Any required in person meeting(s) shall be held in accordance with CDC guidelines and the Governor's Executive Orders) Consultant shall: 2.1.1 Conduct an advertised Public Workshop for Elected Officials, Executive Staff, Broward MPO, Broward County Transit, FDOT, neighboring municipalities, business leaders, community stakeholders and members of the community to: a. Announce the project and garner public and private partnerships and support; b. Identify and discuss project goals, objectives and possible outcomes; c. Identify and discuss transportation related needs, challenges and opportunities; and d. Identify and discuss the City's short, mid, and long-term plans and goals relative to transportation problems and solutions. 2.1.2 Prepare a written summary of the kick-off meeting that includes all items addressed in the meeting and any other issues or concerns identified or discussed during the meeting. 23-07R — Multi -Modal Transportation Connectivity Master Plan 21 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 2.1.3 Launch an online campaign to solicit public input on the City's website. a. Announce the opportunities for public input relative to the development of the Multi -Modal Transportation Connectivity Master Plan via social media and the City's various online platforms; b. Conduct an online transportation needs assessment survey for members of the public; c. Collect all public input data and utilize the information to inform the development of transportation policies and recommendations. 2.2 Deliverable 2. Data Collection and Needs Assessment Report Consultant shall: 2.2.1 Prepare a Needs Assessment Report that shall identify transportation needs and priorities for the City, and that shall at a minimum include: a. Mobility vision, goals and performance measures; b. Inventory of Tamarac's current transportation system by mode including data pertaining to sidewalks, trails, bicycle facilities, transit, and roadways; c. Identification of activity attractors, connection gaps in service by transportation mode, and opportunities for improving safety; d. Identification of constraints and deficiencies by mode, including current and future potential transportation facility and program needs; e. List of potential options for addressing identified current and future needs; and f. List of potential public or private partnerships for funding, constructing or providing transportation improvements by mode. 2.3 Deliverable 3. Draft Multi -Modal Transportation Connectivity Master Plan. Consultant shall: 2.3.1 Draft a Multi -Modal Transportation Connectivity Master Plan including the feedback and data collected in Deliverables 1 and 2 and in consideration of the City's desire to become a Net Zero Community. The Plan shall: a. Identify the City's multi -modal transportation vision, goals, and performance measures; 23-07R — Multi -Modal Transportation Connectivity Master Plan 22 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division b. Identify problems and solutions to resolve transportation safety, connectivity and mobility needs; c. Identify current and projected future transportation needs of the City in relation to surrounding jurisdictions to the extent that they impact the City; d. Identify options that address current and projected needs by transportation mode and including maps for each mode; e. Identify a prioritized list of multi -modal transportation project(s) to address the current and projected needs of the City in consideration of the City's most current CIP; f. Include estimates of costs and potential funding sources for each transportation improvement project; and g. Develop a projected schedule for timing of improvements and opportunities for construction or implementation. The Draft Plan shall be revised to address Staff's comments as necessary prior to the Adoption Hearing under Deliverable 4. 2.4 Deliverable 4: City Commission Adoption Hearing. *(This deliverable may be performed in a virtual format at the City's discretion. Any required in person meeting(s) shall be held in accordance with CDC guidelines and the Governor's Executive Orders) Consultant shall: 2.4.1 Attend the adoption meeting and assist City Staff as necessary with public presentation of the item to the City Commission. 2.4.2 Assist City staff post adoption of the plan as necessary with minor revisions to plan necessitated by City Commission action. 3. CONTACT INFORMATION AND QUESTIONS For inquiries regarding this solicitation Proposers must submit questions online at https://tamarac.bidsandtenders.org/Module/Tenders/en Once on the webpage Proposer should click the solicitation they are interested in and click the "Submit a Question Button". All questions will be reviewed by the City, and answered in the form of an addendum which will be uploaded to the City's website and available for all firms registered as plan holders. An example screen shot of how to submit a question is shown below: 23-07R — Multi -Modal Transportation Connectivity Master Plan 23 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 4. SCHEDULE OF DELIVERABLES The Proposer shall provide the City with a schedule of deliverables to ensure the city's project can be completed within a timely manner. The schedule of deliverables shall be incorporated as a part of the Proposer's Narrative Response 5. PROPOSAL NARRATIVE Proposer shall submit a narrative document which provides information City. Proposer shall provide as a part of their Proposal Submittal a detailed Narrative Response which provides documentation to validate the following minimum requirements as well as to detail the Proposer's proposed Work Plan to perform the services required. The Narrative shall also address the Schedule of Deliverables detailed in Section 4 "SCHEDULE" herein. 5.1 Minimum Qualifications of Proposer & Proof of Experience a. History: Proposer shall have a history of continuous, stable operation in administering similar engagements for a minimum of three (3) years prior to the submittal date of this proposal. b. Experience: Proposer shall also have extensive experience working with the public sector. C. Professional Licenses: Provide a copy of any professional license for the firm or individuals and principals who will be involved in the performance of this project, as issued by a governmental entity and/or professional association related to the specific professional discipline. 5.2 Provide a brief but complete history of your company that includes any and all recent experience within the State of Florida. 5.3 Include resumes of key personnel who will actually be assigned to the project and descriptions of each of their roles shall be included. Please note: The City expects the personnel listed in the Proposal to be those who will actually perform the work. No substitutions shall be permitted except in the most serious circumstances. 5.4 A list of at least three (3) similar projects performed during the last five years which shall include the following information: a. Name of the entity for which the work was performed; b. Brief description of the scope of the project; C. Initial estimate of the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number and source of change orders to the contract; f. Total value of change orders for the project; g. Total value of the project. 23-07R - Multi -Modal Transportation Connectivity Master Plan 24 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division h. Name of contact person and their current telephone number who can knowledgeably discuss your firm's role and performance in the project. Note: references and phone numbers that are out of date, missing, or not available may be considered non -responsive. i. Financial statements for your firm's past three (3) years of operation may be requested. j. Any other information that is relevant to properly evaluating your firm's qualifications. 6. OTHER REQUIREMENTS FOR SUBMITTALS Please refer to the Proposal Instructions for a complete list of digital forms for which an electronic response is required, as well as a list of forms that must be uploaded to the document upload section of your electronic proposal submittal. Failure to provide the requested documentation may result in your Proposal being deemed non -responsive. 23-07R — Multi -Modal Transportation Connectivity Master Plan 25 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SPECIAL CONDITIONS 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Consultant and shall be responsible to comply with the requirements enumerated in these Special Conditions. 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the Tamarac City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City shall deal directly through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that the firm will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. PAYMENT 2.1 Payment will be made monthly for work that has been completed and properly invoiced. Invoices must include hourly breakdowns of work performed for various tasks. 2.2 Payment schedule shall be governed by THE LOCAL GOVERNMENT PROMPT PAYMENT ACT FS Section 218.735. 3. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Proposal executed and submitted by the Consultant, Scope of Work, plans and specifications (where applicable), any addenda or bond(s)(if required), insurance certificate(s), and the City's Resolution awarding the Proposal. Any change orders which may be issued after the award of the contract. All documentation MUST be uploaded to the City's website at: https:Htamarac.bidsandtenders.org/Module/Tenders/en 4. INELIGIBLE CONSULTANTS A Consultant may be considered ineligible to submit a Proposal for this project if the Consultant has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past five (5) years. 23-07H — Multi -Modal Transportation Connectivity Master Plan 26 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 5. BROWARD COUNTY MOBILITY ADVANCEMENT PROGRAM PROJECTS The funding for this project is provided through the Broward County Mobility Accessibility program administered by the Broward County Board of County Commissioners. Accordingly, the City of Tamarac requires compliance with the requirements of the Broward County program. 6. FORM AGREEMENT The City has attached a copy of the County's preapproved Surtax -Funded Form Consultant Agreement. Responding firms shall be responsible for complying with all requirements and terms and conditions of the County's preapproved Surtax -Funded Form Consultant Agreement. The City of Tamarac will utilize this Contract between the Consultant and the City, respectively. 7. PROPOSAL PREPARATION EXPENSE The Proposer preparing a Proposal in response to this Proposal shall bear all expenses associated with its preparation. The Proposer shall prepare a Proposal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation and/or presentation. 8. PROPOSAL SUBMITTAL PRICES All prices, terms and conditions Proposal in the submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for ninety (90) calendar days from the date of the Proposal closing unless otherwise stated by the City. Any Proposals containing escalation clauses will not be reviewed and another awarded Consultant on the list will be considered. The City of Tamarac will award payment within thirty (30) days of the conclusion of the work, and upon full approval. Remainder of Page Intentionally Blank 23-07R — Multi -Modal Transportation Connectivity Master Plan 27 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SPECIAL PROVISIONS 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Consultant and shall be responsible to comply with the requirements enumerated in these Special Conditions. 1. PURPOSE OF PROPOSAL The City of Tamarac seeks proposals from qualified Respondents to provide professional services involving highly technical tasks regarding the development of a Multi -Modal Transportation Connectivity Master Plan. The City's Multi -Modal Transportation Connectivity Master Plan must look into the future to address a 25-year planning horizon to include short, medium, and long-range strategies that will lead to the development of an integrated multi - modal interconnected transportation system. The overall intent of this effort will be to develop a comprehensive Multi -Modal Transportation Master Plan document that will provide recommendations for short, medium, and long-range future transportation needs in the City of Tamarac and its immediate surrounding area. The document will assess the existing conditions of the City's various transportation modes including, without limitation, vehicle, bike, pedestrian, transit, and multi -use paths ancillary to roadway improvements but can be separated from motorized vehicular traffic; and provide strategies and recommendations that will address deficiencies, improve inter -connectivity, while optimizing safety to eliminate traffic related injuries and fatalities in alignment with Vision Zero policies. Separation of the motorized vehicular traffic using multimodal paths and facilities should enhance safety for pedestrians, bicyclists, and users of personal conveyance devices that are ancillary to roadway improvements. The document shall also be consistent with the City's Comprehensive Plan, Broward County's MPO Transportation Planning Guidebook, incorporating Complete Streets and Congestion Management/Livability Planning policies and provide guidance to not only maximize but also prioritize future transportation investments. The Master Plan must demonstrate and embody the goals of the Surtax, which include: creating connectivity, including first -mile and last -mile connections to public transit; traffic system management; improving transit services; enhancing multimodal options; and economic development and benefits. 2. BASIC DEFINITIONS Wherever used in this solicitation or the final Agreement resultant from an award made for this solicitation, or in other Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural of each: Addenda — Written or graphic instruments issued prior to the opening of Proposals which clarify, correct, or change the Proposal requirements or the contract document. Agreement — The written agreement between the City and the Consultant covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Consultant during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 23-07R - Multi -Modal Transportation Connectivity Master Plan 28 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CCIP — Cured -in -Place Change Order — A document that is signed by the Consultant and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. City — The City of Tamarac, Florida. Also referred to as Owner. Contract Documents — Upon final award of this solicitation, the contract documents consist of the final Agreement, conditions of the solicitation the solicitation document contained herein (including General, Supplementary and other Conditions), drawings, specifications of this solicitation , all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. Contract Times — the number of consecutive calendar days stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer/Project Managers written recommendation of final payment. Contractor or Consultant — the individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager" are used interchangeably. End User (EU) — Internal Member of the City Staff who has requested a procurement service. Also known as a Stakeholder (SH) FDOT — The State of Florida Department of Transportation Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 23-07R — Multi -Modal Transportation Connectivity Master Plan 29 T MJR�C City of Tamarac The City For Your Life Purchasing and Contracts Division Notice to Proceed (NTP) — A written notice given by the City to the Consultant fixing the date on which the Contract Time will commence to run and on which the Consultant shall start to perform the Consultant's obligations under the Contract Documents. OESBD — The Broward County Office of Economic and Small Business Development Protect — the total construction for which the Consultant is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. Purchasing — The City of Tamarac Purchasing & Contracts Division Specifications — Those portions of the Contract Documents consisting of written technical descriptions and requirements of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. Subconsultant — An individual, firm or corporation having a direct Contract with the Consultant or with any other Subconsultant for the performance of a part of the Work at the site. Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents to allow the project to be utilized for its intended purpose and/or use. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job and issuance of final payment. Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. Unit Price Work — Work to be paid for on the basis of unit prices. Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. Work Change Directive — A written directive to the Consultant issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Consultant on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work -related aspects of the Contract Documents. 23-07R — Multi -Modal Transportation Connectivity Master Plan 30 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 3. ENUMERATION OF PRECEDENCE OF PROPOSAL DOCUMENTS If any portion of the Proposal Documents contained herein appear to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. The Scope of Work 2. The Special Provisions 3. The Special Conditions 4. The Instructions to Proposers and General Terms and Conditions 5. The Sample Agreement Remainder of Page intentionally left blank 23-07R — Multi -Modal Transportation Connectivity Master Plan 31 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division PROPOSAL SELECTION & EVALUATION OF PROPOSALS 23-07R MULTI -MODAL TRANSPORTATION CONNECTIVITY MASTER PLAN The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated below. 1. ACCEPTABILITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: i. Acceptable; ii. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or iii. Unacceptable. 2. EVALUATION METHOD AND CRITERIA The City Manager shall appoint an evaluation/selection committee that will be responsible for selecting the most qualified firm and then negotiating a contract. The City may request that Proposers with the highest -ranked submittals make a detailed presentation of their product/service to the Evaluation and Selection Committee. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, City may terminate such negotiations and begin negotiations with the next highest -ranked Proposer. No Proposer shall have any rights against the City arising from such negotiations. Proposals shall be evaluated in accordance with the weighted criteria listed below: a. Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. b. Background, education and experience of the firm's staff members who will be assigned to the project; Ability of the consultant to provide all of the expertise necessary to successfully complete the work. C. Availability of the proposed staff members; current projected work load of consultant; ability to provide on -site time for meetings, training and cooperative review of work products. d. Knowledge of and approach to the proposed work; ability to suggest and apply new technologies or innovative approaches that may either reduce project costs and time frame, or improve the quality of the work products. e. Proposer team work history. f. Cost/Price: This refers to the proposed contract fee and reimbursement expense budget. (Please note that price is only one factor for consideration of award). The offeror shall propose a not -to -exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein. 23-07R — Multi -Modal Transportation Connectivity Master Plan 32 City of Tamarac MARAC The City For Your Life Purchasing and Contracts Division If proposing costs which may include alternate programs or services no covered in the base bid pricing, the offeror when offering such alternative services must provide a detailed explanation of additional optional services to be offered. 3. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA 1. Compliance with Request for Proposal (Mandatory) 2. Background, Education & Experience of Firm 3. Availability of the Proposed Staff Members 4. Knowledge of and Proposed Approach 5. Consultant Teamwork History 6. Cost/Price 4. MAXIMUM TECHNICAL POINTS (Up to 100 Points) MAXIMUM POINTS N/A 25 points 20 points 20 points 25 points 10 points These weighted criteria are provided to assist the Offerors in the allocation of their time and efforts during the submission process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of Offerors by establishing a general framework for those deliberations. 5. BEST VALUE SCORING In the event that the City requests and receives Oral Presentations, the final ranking may be determined by the Evaluation Committee utilizing an alternative Best Value Scoring methodology in lieu of weighted criteria. The Best Value Scoring will require the Evaluation Committee to assign a composite score rank, based on the Committee's determination of the relative overall value of the Proposer's response when compared to other responses. Composite scores will rank responses from 1 (1st place), 2 (2nd place), and so on, for the total number of responses under consideration. Offerors are cautioned to make no assumptions concerning ranking or short -listing unless their proposal has been evaluated as being responsive. Additional information may be required during the review and selection process to clarify the information contained in Offeror's submittal: Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for Request for Proposals unless clearly and specifically noted in the submitted proposal and confirmed in the contract between the City of Tamarac and the selected firm. 23-07R — Multi -Modal Transportation Connectivity Master Plan 33 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 6. DISCUSSIONS & PRESENTATIONS Short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluating the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted complete with favorable terms and show the Proposers most advantageous solution offered the City. After presentations, if so requested, firms will be assigned a final score, with the highest - ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for an award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, City may terminate such negotiations and begin negotiations with the next highest -ranked Proposer. No Proposer shall have any rights against the City arising from such negotiations. 7. AWARD OF AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth above. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the City. 8. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state, federal laws, and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE DURING THE SOLICITATION, EVALUATION AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. 23-07h — Multi -Modal Transportation Connectivity Master Plan 34 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SAMPLE AGREEMENT DOCUMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of , 20yby 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 , a corporation with principal offices located at (the "Consultant") to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Document No. , including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, insurance certificate(s), the City Resolution awarding the project, the Broward County Addendum to this Agreement titled "Transportation Surtax Addendum" and all modifications issued after execution of this Agreement. These 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 of a conflict between this document and any other contract documents, this Agreement shall prevail as amended by the Broward County Addendum titled "Transportation Surtax Addendum" included herein. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to 2.1.2 Consultant shall 2.1.3 Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Consultant shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Consultant's expense. 2.1.4 Consultant shall provide the City with seventy-two (72) hours written 23-07R — Multi -Modal Transportation Connectivity Master Plan 35 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 3) 4) 2.1.5 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal 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, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant 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 Consultant will ensure that all Sub -Consultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than , 20 5) Contract Sum The Contract Sum for the above work is Dollars and cents 6) Payments The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 23-07R — Multi -Modal Transportation Connectivity Master Plan 36 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub - Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub - consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 7.5. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 7.6. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 23-07R — Multi -Modal Transportation Connectivity Master Plan 37 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Consultant and its sub -consultants shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its sub - consultants 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. The Consultant and its sub -consultants 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 Consultant further agrees that he/she will ensure that all sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Consultant This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent Consultant under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant 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. 11) Notice Whenever either party desires or is required under this Agreement to give notice to 23-07R — Multi -Modal Transportation Connectivity Master Plan 38 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 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. CONSULTANT 12) Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. 13) Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Consultant certifies that Consultant is not participating in a boycott of Israel. Consultant further certifies that Consultant 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 Consultant been engaged in business 23-07R — Multi -Modal Transportation Connectivity Master Plan 39 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Consultant of the City's determination concerning the false certification. Consultant 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, Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Consultant does not demonstrate that the City's determination of false 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. 14) Public Records 14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 14.1.1 Keep and maintain public records required by the City in order to perform the service; 14.1.2 Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 14.1.3 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 contract if the Consultant does not transfer the records to the City. 14.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Consultant, or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 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. 14.2 During the term of the contract, the Consultant shall maintain all books, 23-07R — Multi -Modal Transportation Connectivity Master Plan 40 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 15) E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its Sub -Consultants shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its Sub -Consultants to provide Consultant with an affidavit stating that the Sub -Consultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the Sub -Consultant's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any Sub-ConsultanVSub-Consultant 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 Sub -Consultant knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the Sub -Consultant. 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. Consultant acknowledges that upon termination of this Agreement by the City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or Sub -Consultant shall insert in any subcontracts the clauses set forth in this section; requiring the Sub -Consultants to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any Sub -Consultant or lower tier Sub -Consultant with the clauses set forth in this section. 16) Uncontrollable Forces 16.1 Neither the City nor Consultant 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. 16.2 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 written notice to the other party describing the circumstances and uncontrollable forces 23-OIR - Multi -Modal Transportation Connectivity Master Plan 41 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division preventing continued performance of the obligations of this Agreement. 17) 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. 18) 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. 19) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 20) 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 the 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 the enforceability of that provision or of the remainder of this Agreement. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 22) 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. 23) Prohibition Against Contingent Fees The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or 23-07R — Multi -Modal Transportation Connectivity Master Plan 42 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division resulting from the award or development of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 24) Truth In Negotiation Certificate 24.1 Truth -In -Negotiation: Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate serving as representation that the Consultant's compensation under this Agreement is based upon its representations to the City, and Consultant certifies that the wage rates, factual unit costs and other information supplied to substantiate the Consultant's compensation including, without limitation, in the negotiation of this Agreement, are accurate, complete and current as of the date of the Agreement. 24.2 Consultant's compensation will be reduced to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 24.3 The City shall exercise its rights under this "Certificate" within one (1) year following payment. 25) Public Records Custodian IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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 Remainder of Page Intentionally Blank 23-07R — Multi -Modal Transportation Connectivity Master Plan 43 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 CONSULTANT, signing by and through its duly authorized to execute same. ATTEST: Kimberly Dillon, CMC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Michelle J. Gomez, Mayor Date Kathleen Gunn, City Manager Date: Approved as to form and legal sufficiency: John R. Herin, Jr., City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date Zs-U/K — Multi -Modal Transportation Connectivity Master Plan 41 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF 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 , of 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 of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 23-07R — Multi -Modal Transportation Connectivity Master Plan 45 SAMPLE TRANSPORTATION SURTAX ADDENDUM TRANSPORTATION SURTAX ADDENDUM FOR MUNICIPAL CONSULTANT CONTRACTS (SURTAX PROJECT#TAMA-001 RFP/RLI #23-07R) This Transportation Surtax Addendum ("Addendum") is made and entered by and between The City of Tamarac, a municipality of the State of Florida ("Municipality'), and [INSERT NAME OF CONSULTANT], a [corporation/limited liability company] ("Consultant") (each a "Party" and collectively referred to as the "Parties"). GENERAL CONDITIONS A. The solicitation, purchase order, or contract between Municipality and Consultant (all of which shall be referred to in this Addendum as the "Consulting Agreement") is funded in whole or in part by the transportation surtax levied pursuant to Section 31%-71, et seq., of the Broward County Code of Ordinances (the "County Surtax Ordinance"). The Consulting Agreement is therefore subject to the terms and conditions of County Surtax Ordinance, Section 212.055(1) of the Florida Statutes, and the terms and conditions of the interlocal funding agreement between Broward County, a political subdivision of the State of Florida ("County") and Municipality to provide for funding of the Project (the "Funding Agreement"). B. The purpose of this Addendum is to incorporate the terms and conditions required by the County Surtax Ordinance, Section 212.055(1), Florida Statutes, and the Funding Agreement, into the Parties' Consulting Agreement. C. All contract provisions required by the County Surtax Ordinance, Section 212.055(1) of the Florida Statute, and the Funding Agreement, as amended, are incorporated in this Addendum by reference, whether or not expressly set forth in the provisions below. D. Consultant agrees to include the terms in this Addendum in each subcontract financed in whole or in part with transportation surtax funds levied pursuant to the County Surtax Ordinance. E. In the event of any conflict between the terms contained in this Addendum and those contained in the Consulting Agreement, as amended, the terms of this Addendum shall prevail. Unless otherwise expressly provided by Florida law, any terms required by the County Surtax Ordinance and Section 212.055(1) of the Florida Statutes, as amended, shall control in the event of a conflict with any provisions contained in this Addendum. F. The Parties agree to perform their respective obligations under the Consulting Agreement in accordance with the terms provided in this Addendum. 23-07R — Multi -Modal Transportation Connectivity Master Plan 46 ARTICLE 1. DEFINITIONS Whenever the following terms appear in this Addendum, the intent and meaning shall be interpreted as follows: 1.1 Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2 Board means the governing body of Municipality, its successors and assigns. 1.3 Contract Administrator means the Director of Community Development, or such other person designated by the Director of Community Development in writing. The Contract Administrator is the representative of Municipality concerning the Project. 1.4 County means Broward County, a political subdivision of the State of Florida and representatives authorized by the Board of County Commissioners or the Broward County Charter to act on behalf of County. 1.5 County Business Enterprise or CBE means an entity certified as meeting the applicable requirements of Section 1-81, Broward County Code of Ordinances. 1.6 Notice to Proceed means a written authorization to proceed with the Project, phase, or task, issued by the Contract Administrator. 1.7 Oversight Board means the independent Transportation Surtax Oversight Board created pursuant to Section 31Y2-75 of the Broward County Code of Ordinances. 1.8 Project means The Multi -Modal Transportation Connectivity Master Plan, RFP #23-07R , TAMA-001 1.9 Purchasing Director means Municipality's Purchasing and Contracts Manager or designee authorized to execute Work Authorization provided for in the Consulting Agreement. 1.10 Services or Scope of Services means the work set forth in the Scope of Services attached to the Consulting Agreement, and shall include civil, structural, mechanical, and electrical engineering, architectural services, and other professional design services as applicable for the Project, and any optional services procured under the Consulting Agreement. 1.11 Small Business Enterprise or SBE means an entity certified as meeting the applicable requirements of Section 1-81, Broward County Code of Ordinances. 1.12 Subconsultant means an entity or individual providing services to Municipality through Consultant for all or any portion of the work under this Agreement. The term "Subconsultant" shall include all subcontractors. ./M - Muffl-moaar T ransportation Connectivity Master Plan 47 ARTICLE 2 EXHIBITS Exhibit A Maximum Billing Rates Exhibit A-1 Reimbursables for Direct Non -Salary Expenses Exhibit B Schedule of Subconsultants ARTICLE 3TIME FOR PERFORMANCE; DAMAGES 3.1 Consultant shall perform the Services within the time periods specified in the Scope of Services. Time periods shall commence from the date of the applicable Notice to Proceed. 3.2 Consultant must receive a Notice to Proceed from the Contract Administrator prior to commencement of Services and any phase of Services under this Agreement. Prior to granting approval for Consultant to proceed to any phase, the Contract Administrator may, at the Contract Administrator's sole option, require Consultant to submit the itemized deliverables and documents identified in the Scope of Services for the Contract Administrator's review. 3.3 If the Contract Administrator determines that Consultant is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by Municipality or other governmental agencies having jurisdiction over the Project and such delays are not the fault of Consultant, or because of delays caused by factors outside the control of Consultant, Municipality shall grant a reasonable extension of time for completion of the Services and shall provide reasonable compensation, if appropriate. It shall be the responsibility of Consultant to notify the Contract Administrator in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and whenever a delay has been caused by factors outside of Consultant's control, and to inform the Contract Administrator of all facts and details related to the delay. Consultant must provide such written notice to the Contract Administrator within three (3) business days after the occurrence of the event causing the delay. 3.4 If (a) Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with Municipality, or (b) if Contractor is granted an extension of time beyond said substantial completion date and Consultant's Services are extended beyond the substantial completion date through no fault of Consultant, then Consultant shall be compensated in accordance with Article 4 for all Services rendered by Consultant beyond the substantial completion date. 3.5 Notwithstanding Section 3.4, if Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with Municipality, and the failure to substantially complete is caused in whole or in part by Consultant, then Consultant shall pay to Municipality its proportional share of any claim for damages to Contractor arising out of the delay. The provisions for the computation of delay costs, damages, or any other amounts, whether direct or indirect, in the agreement between the Contractor and Municipality are incorporated herein. This section shall not affect the indemnification rights or obligations of either Party otherwise set forth in this Agreement. 23-07R — Multi -Modal Transportation Connectivity Master Plan 48 3.6 If Services are scheduled to end due to the expiration of this Agreement, at the request of the Contract Administrator, Consultant agrees to continue to provide Services for an extension period, not to exceed three months, upon the same terms and conditions as contained in this Agreement. Consultant shall be compensated for such Services at the rate in effect when the extension is invoked by Municipality. To exercise an extension authorized by this section, the Purchasing Director shall notify Consultant in writing prior to the end of the term of this Agreement. ARTICLE 4COMPENSATION AND METHOD OF PAYMENT 4.1 Reimbursable Expenses. For reimbursement of any travel costs, travel -related expenses, or other direct non -salary expenses directly attributable to this Project permitted under this Agreement ("Reimbursable Expenses"), Consultant agrees to adhere to Section 112.061, Florida Statutes, except to the extent otherwise stated herein. Municipality shall not be liable for any such expenses that have not been approved in writing in advance by the Contract Administrator. Reimbursable Subconsultant expenses must also comply with the requirements of this section. 4.2 Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and 3) an operating margin. Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead rates shall be Consultant's most recent and actual rates determined in accordance with Federal Acquisition Regulation ("FAR") guidelines and audited by an independent Certified Public Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in effect for the term of this Agreement except as provided for in the Agreement. 4.2.1 Consultant shall require all of its Subconsultants to comply with the requirements of Section 4.2. 4.2.2 Salary Costs for Consultant and Subconsultants as shown in Exhibit A are the Maximum Billing Rates, which are provisional, subject to audit of actual costs, and if the audit discloses that the actual costs are less than the costs set forth on Exhibit A for Consultant or any Subconsultant, Consultant shall reimburse Municipality based upon the actual costs determined by the audit. Municipality may withhold the amount Consultant is required to reimburse Municipality from any payment due Consultant. 4.2.3 Unless otherwise noted, the Salary Costs stated above are based upon Consultant's "home office" rates. Should it become appropriate during the course of this Agreement that a "field office" rate be applied, then it is incumbent upon Consultant to submit a supplemental Exhibit A reflective of such rates for approval by Contract 23-07R — Multi -Modal Transportation Connectivity Master Plan 49 Administrator and, upon such Municipality's approval, invoice Municipality accordingly. 4.2.4 The total hours payable by Municipality for any "exempt" or "nonexempt" personnel shall not exceed forty (40) hours per employee in any week. If the work requires Consultant's or Subconsultant's personnel to work in excess of forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced at no more than one and one-half of the employee's hourly rate and in a manner consistent with Consultant's or Subconsultant's applicable certified FAR audit and all other provisions of Section 4.2. If a "Safe Harbor" rate is elected for use by Consultant or Subconsultant, then the additional hours are payable at no more than the employee's regular rate. 4.2.5 Consultant and any of its Subconsultants may alternatively use a "Safe Harbor" combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of this Agreement, and be applicable for use as "home" and "field" fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 4.2 remain in place. 4.3 Method of Billing. 4.3.1 For Maximum Amount Not -To -Exceed Compensation: Consultant shall submit billings that are identified by the specific project number on a monthly basis in a timely manner for all Salary Costs and Reimbursable Expenses attributable to the Project. These billings shall identify the nature of the work performed, the total hours of work performed, and the employee category of the individuals performing same. Billings shall itemize and summarize Reimbursable Expenses by category and identify the personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by Contract Administrator is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such reimbursable. Billings shall also indicate the cumulative amount of CBE participation to date. The statement shall show a summary of Salary Costs and Reimbursable Expenses with accrual of the total and credits for portions paid previously. External Reimbursable Expenses and Subconsultant fees must be documented by copies of invoices or receipts that describe the nature of the expenses and contain a project number or other identifier that clearly indicates the expense is identifiable to the Project. Subsequent addition of the identifier to the invoice or receipt by Consultant is not acceptable except for meals and travel expenses. Internal expenses must be documented by appropriate Consultant's cost accounting forms with a summary of charges by category. When 23-07R—ftlulti-Nlodal7ransportatiorlConnectivityMastarPlan 50 requested, Consultant shall provide backup for past and current invoices that records hours and Salary Costs by employee category, Reimbursable Expenses by category, and Subconsultant fees on a task basis, so that total hours and costs by task may be determined. 4.3.2 For Lump Sum Compensation: Consultant shall submit billings that are identified by the specific project number on a monthly basis in a timely manner. These billings shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished. Billings for each phase shall not exceed the amounts allocated to said phase. Billings shall also indicate the cumulative amount of CBE participation to date. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. When requested, Consultant shall provide backup for past and current invoices that record hours, salary costs, and expense costs on a task basis, so that total hours and costs by task may be determined. 4.4 Fiscal Year. The continuation of this Agreement beyond the end of any Municipality fiscal year is subject to both the appropriation and the availability of transportation surtax funds in accordance with Chapter 129, Florida Statutes. ARTICLE 5 AUDIT RIGHTS AND RETENTION OF RECORDS 5.1. Consultant shall preserve all Contract Records (as defined below) for a minimum period of three (3) years after expiration or termination of this Agreement or until resolution of any audit findings, whichever is longer. Contract Records shall, upon reasonable notice, be open to inspection and subject to audit and reproduction during normal business hours. Audits and inspections pursuant to this section may be performed by any representative of Municipality and/or County (including and any outside representative engaged by either Municipality and/or County). Municipality and County may conduct audits or inspections at any time during the term of this Agreement and for a period of three (3) years after the expiration or termination of this Agreement (or longer if required by Applicable Law, Municipality, and/or County). County may, without limitation, verify information, payroll distribution, and amounts through interviews, written affirmations, and on -site inspection with Consultant's employees, Subconsultants, vendors, or other labor. 5.2. Contract Records include any and all information, materials and data of every kind and character, including, without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, drawings, receipts, vouchers, memoranda, and any and all other documents that pertain to rights, duties, obligations, or performance under this Agreement. Contract Records include hard copy and electronic records, written policies and procedures, time sheets, payroll records and registers, cancelled payroll checks, estimating work sheets, correspondence, invoices and related payment 23-07R— Multi -Modal Transportation Connectivity Master Plan 51 documentation, general ledgers, insurance rebates and dividends, and any other records pertaining to rights, duties, obligations, or performance under this Agreement, whether by Consultant or Subconsultants. 5.3. Municipality and Broward County shall have the right to audit, review, examine, inspect, analyze, and make copies of all Contract Records at a location within Broward County, Florida. Consultant hereby grants Municipality and County the right to conduct such audit or review at Consultant's place of business, if deemed appropriate by Municipality or Broward County, with seventy-two (72) hours' advance notice. Consultant agrees to provide adequate and appropriate workspace. Consultant shall provide Municipality and County with reasonable access to Consultant's facilities, and Municipality and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. 5.4. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for Municipality's disallowance and recovery of any payment upon such entry. 5.5. If an audit or inspection in accordance with this section discloses overpricing or overcharges to Municipality of any nature by Consultant or its Subconsultants in excess of five percent (5%) of the total contract billings reviewed, in addition to making adjustments for the overcharges, Consultant shall pay the actual cost of the audit or, if the actual cost is unreasonably high, the reasonable cost. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of the audit findings to Consultant. 5.6. Consultant shall, by written contract, require its Subconsultants to agree to the requirements and obligations as stated in this Article 5. ARTICLE 6EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE 6.1 No Party may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Consultant shall include the foregoing or similar language in its contracts with any Subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 6.2 Consultant shall comply with all applicable requirements of Section 1-81, Broward County Code of Ordinances, in the award and administration of this Agreement. Failure by Consultant to carry out any of the requirements of this article shall constitute a material breach of this Agreement, which shall permit Municipality to terminate this Agreement or exercise any other remedy provided under this Agreement, the Broward County Code of Ordinances, the Broward County Administrative Code, or under other Applicable Law, all such remedies being cumulative. 23-07R — Multi -Modal Transportation Connectivity Master Plan 52 6.3 Consultant must meet or exceed the required CBE goal by utilizing the CBE firms listed in Exhibit B (or a CBE firm substituted for a listed firm, if permitted) Since this is an Agreement for Planning Study, the OESBD has determined that there will be no CBE goal for this project. ARTICLE 7PUBLIC RECORDS 7.1 Public Records. To the extent Consultant is acting on behalf of Municipality as stated in Section 119.0701, Florida Statutes, Consultant shall: 7.1.1 Keep and maintain public records required by Municipality to perform the services under this Agreement; 7.1.2 Upon request from Municipality, provide Municipality with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by Applicable Law; 7.1.3 Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by Applicable Law for the duration of this Agreement and after completion or termination of this Agreement if the records are not transferred to Municipality; and 7.1.4 Upon completion or termination of this Agreement, transfer to Municipality, at no cost, all public records in possession of Consultant or keep and maintain public records required by Municipality to perform the services. If Consultant transfers the records to Municipality, Consultant shall destroy any duplicate public records that are exempt or confidential and exempt. If Consultant keeps and maintains the public records, Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Municipality upon request in a format that is compatible with the information technology systems of Municipality. 7.2 A request for public records regarding this Agreement must be made directly to Municipality, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to Municipality to enable Municipality to respond to the public records request. 7.3 Any material submitted to Municipality that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition, Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual 23-07R — Nlulti-Modal Tranaporfation Connectivity Master Plan 53 -- basis for same. If that a third party submits a request to Municipality for records designated by Consultant as Trade Secret Materials, Municipality shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend Municipality and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 7525 NW 88T" AVENUE (954) 597-3505, CITYCLERK6D-TAMARAC.ORG, TAMARAC, FLORIDA 33321. ARTICLE 8 MISCELLANEOUS. 8.1 Indemnification of Municipality and County. Indemnification of Municipality and the County for Transportation Surtax Projects. The Consultant shall indemnify and hold harmless Municipality, its elected and appointed officials and employees including current, past, and future officers and employees, 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 Consultant or its Sub - consultants, agents, officers, employees or independent contractors, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of Municipality or its elected or appointed officials and employees. Municipality reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Municipality's City Manager and City Attorney, any sums due to the Consultant under this Agreement may be retained by Municipality until all of Municipality's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by Municipality. This provision as it applies to Municipality shall be in place for all projects and engagements that Consultant may receive as a result of any final agreement awarded to Consultant. When projects are funded by Broward County Transportation Surtax Project funds, the Consultant shall indemnify and hold harmless the County, its elected and appointed officials and employees including current, past, and future officers and employees, 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 23-07R — P lulti-Modal Transportation Connectivity Master Plan 54 thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Consultant or its Subconsultants, agents, officers, employees or independent Consultants, or negligence, recklessness or intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant in the performance of this Agreement. County shall have the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due to the Consultant under this Agreement may be retained by County until all of County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County. 8.2 Drug -Free Workplace. To the extent required under Section 21.23(f), Broward County Administrative Code, or Section 287.087, Florida Statutes, Consultant certifies that it has and will maintain a drug -free workplace program for the duration of the Agreement. 8.3 Truth -In -Negotiation Representation. Consultant's compensation under the Agreement is based upon its representations to Municipality, and Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant's compensation will be reduced to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 8.4 Domestic Partnership Requirement. Unless this Agreement is exempt from the provisions of the Broward County Domestic Partnership Act, Section 16%-157, Broward County Code of Ordinances ("Act"), Consultant certifies and represents that it shall at all times comply with the provisions of the Act. The contract language referenced in the Act is deemed incorporated in this Agreement as though fully set forth in this section. 8.5 Living Wage Requirement. To the extent Consultant is a "covered employer" within the meaning of the Broward County Living Wage Ordinance, Sections 26-100 through 26-105, Broward County Code of Ordinances, Consultant agrees to and shall pay to all of its employees providing "covered services," as defined in the ordinance, a living wage as required by such ordinance, and shall fully comply with the requirements of such ordinance, and that Consultant shall ensure all of its Subconsultants that qualify as "covered employers" fully comply with the requirements of such ordinance. 8.6 Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Addendum by reference. The attached Exhibits are incorporated into and made a part of the Consulting Agreement as amended herein. 8.7 Prior Agreements. The Agreement together with this Addendum represents the final and complete understanding of the Parties regarding the subject matter of the Agreement and 23-07R — Multi -Modal Transportation Connectivity Master Plan 5:i supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of the Agreement are contained in the Agreement and this Addendum. 8.8 Verification of Employment Eligibility. Consultant represents that Consultant and each Subconsultant have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Consultant violates this section, Municipality may immediately terminate this Agreement for cause and Consultant will be liable for all costs incurred by Municipality due to the termination. (The remainder of this page is intentionally left blank.) 23-07R - Mlti-h.1odal Transportation Connectivity Master Plan 56 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: MUNICIPALITY, through its Board, signing by and through its Mayor or Vice -Mayor authorized to execute same by Board action on the day of 20 , and CONSULTANT, signing by and through its , duly authorized to execute same. ATTEST: Kimberly Dillon, CIVIC CITY CLERK MUNICIPALITY By: MAYOR Michelle J. Gomez Print Name day of , 20 1 HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: John R. Herin, Jr. City Attorney 23-07R — Multi -Modal Transportation Connectivity Master Plan 57 [FOR INDIVIDUAL] WITNESSES: Signature Print/Type Name Signature Print/Type Name [FOR CORPORATION] ATTEST: Secretary (Typed Name of Secretary) CORPORATE SEAL CONSULTANT (Please Type Name) day of 20_ (Typed Name of Consultant/Firm) By President/Vice President (Typed Name and Title) 23-07R — Multi -Modal Transportation Connectivity Master Plan 58 day of 120 Project No: Project Title: Consultant/ Subconsultant Name: Exhibit A Maximum Billing Rates [Project Number] [Project Title] [Name] TITLE MAXIMUM HOURLY RATE ($/HR) X MULTIPLIER - MAXIMUM BILLING RATE ($/HR) [Insert staff titles] $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multiplier of X.XX is calculated as follows: OVERHEAD = X.XX% FRINGE = X.XX% OPERATING MARGIN = X.XX% MULTIPLIER = (1 + OVERHEAD + FRINGE + ((1 + OVERHEAD + FRINGE) X OPERATING MARGIN)) / 1 [DELETE IF NOT APPLICABLEI Notes: Consultant has elected to use "Safe Harbor" combined fringe benefit and overhead rate of 110% in accordance with Section 5.2.5. Consultant Name/Title Date: [s-U/K — Multi -Modal Transportation Connectivity Master Plan 59 Municipality Contract Administrator Date: Exhibit A-1 Reimbursables for Direct Non -Salary Expenses Reimbursable Maximum Reimbursable I Total Maximum Reimbursables: - 1--ijvnduvn uannecnviry master Ilan 60 Exhibit B Schedule of Subconsultants Project No: [_] Project Title: [_] Facility Name: i i 23-07R —Multi-Modal Transportation Connectivity Master Plan 23-07R - Multi - Modal Transportation Connectivity Master Plan MAP TAMA 001 Opening Date: October 30, 2022 5:00 PM Closing Date: December 6, 2022 3:00 PM Vendor Details Company Name: Alta Planning + Design 711 SE Grand Avenue Address: Portland, Oregon 97214 Contact: Natalie Lozano Email: eastbids@altaplanning.com Phone: 503-230-9862 HST#: Submission Details Created On: Friday November 11, 2022 16:44:20 Submitted On: Tuesday December 06, 2022 14:23:14 Submitted By: Natalie Lozano Email: eastbids@altaplanning.com Transaction #: acbd2dea-5669-4cb4-bec8-25b1 ce560b9a Submitter's IP Address: 184.12.129.122 Bid Number: 23-07R Vendor Name: Alta Planning + Design Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. * Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. All funds are to be submitted in USD currency. Reimbursable Expenses Proposer to provide a Not -to -Exceed lump sum fee for Reimbursable Expense for this project. Proposer shall provide detail regarding specific expense information along with Proposer's Narrative Document as provided for in the Instructions to Proposers herein. Description Quantity Unit Unit Price" Total Not to Exceed Reimbursable Expenses for this project. 1 Lump Sum $0.0000 $ 0.00 Subtotal: $ 0.00 Bid Number: 23-07R Vendor Name: Alta Planning + Design Proposal Price Proposer agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, insurance, and permits, and maintains the required professional licenses necessary to complete the proper performance of the work described herein. (Inclusive of all costs, overhead and profit to commence and complete the Project as stipulated in the Scope of Work along with all other related costs indicated in this solicitation. Note: An area is provided for a not -to -exceed cost for any required reimbursable expenses.) The undersigned Proposer agrees, if this proposal is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this RFP. 1. This proposal will remain subject to acceptance for ninety (90) calendar days after the day of proposal opening. Proposer will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Proposer has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. Proposer has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Proposer. Proposer warranties that no principal of the firm shall have a conflict of interest which would preclude them or the firm from entering into an Agreement with the City. This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham pricing; Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. Proposer will complete the Work for the prices shown in the "Price Proposal Form". Proposer agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. When calculating costs/prices for the tasks below, Proposer shall take into consideration, the following into additional study considerations, and incorporate those considerations into the Proposer's Price for each item below: Line Item Description Quantity Unit Unit Price Total 1 1. Lump Sum Cost to provide services outlined in 1 Lump Sum $119,873.0000 $ 119,873.00 SCOPE OF WORK / REQUIRED TASKS AND DELIVERABLES Deliverable 1 through 4 Subtotal: $ 119,873.00 Bid Number: 23-07R Vendor Name: Alta Planning + Design Blended Hourly Rate Proposer agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, insurance, and permits, and maintains the required professional licenses necessary to complete the proper performance of the work described herein. (Inclusive of all costs, overhead and profit to commence and complete the Project as stipulated in the Scope of Work along with all other related costs indicated in this solicitation. Note: An area is provided for a not -to -exceed cost for any required reimbursable expenses.) The undersigned Proposer agrees, if this proposal is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this RFP. 1. This proposal will remain subject to acceptance for ninety (90) calendar days after the day of proposal opening. Proposer will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Proposer has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. Proposer has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Proposer. Proposer warranties that no principal of the firm shall have a conflict of interest which would preclude them or the firm from entering into an Agreement with the City. This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham pricing; Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. Proposer will complete the Work for the prices shown in the "Price Proposal Form". Proposer agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. When calculating costs/prices for the tasks below, Proposer shall take into consideration, the following into additional study considerations, and incorporate those considerations into the Proposer's Price for each item below: Line Item Description Quantity Unit Unit Price Total 1 1. Blended Hourly Rate - Provide the hourly rate for all 1 Lump Sum $156.4900 $ 156.49 services provided (blended) in the event that it is necessary amend the Scope of Work to provide additional services." Subtotal: $ 156.49 Summary Table Bid Form _ _ Amount Reimbursable Expenses $ 0.00 Proposal Price $ 119,873.00 Subtotal Contract Amount: $ 119,873.00 Bid Questions TERMS: %o (percent discount, if any, if payment made within DAYS; otherwise, terms 0 are NET 30 days. The City of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a NO Visa credit card as payment from the City of Tamarac? TYPE: YES or NO Does your firm have policies in place to exclude requesting criminal history information from employment candidates until after the candidates Yes have been deemed qualified? If yes, please upload supporting document. Bid Number: 23-07R Vendor Name: Alta Planning + Design Specifications Scrutinized Companies Acknowledgement I certify that my company will not: 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the .Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following rece!ipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to florida Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I Hereby Acknowledge the Scrutinized Companies -- 287.135 and 215.473 Information Below and Will Abide by Everything Outlined in this Section G Yes * No By execution of this Agreement, Contractor certifies that the Contractor is not participating in a boycott or israei. i ne Uomracrui iui u 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 the Contractor been engaged in business operations in Cuba or 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. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The 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, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false 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. Bid Number: 23-07R Vendor Name: Alta Planning + Design E-VERIFY E-VERIFY Definitions: "Agency" or "Public Employer" for purposes of this section shall mean the City of Tamarac, a Municipal Corporation which is a political subdivision of the State of Florida. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of, the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Tamarac. Should Vendor become the successful Contractor awarded for the above -named project, by entering into this Agreement, the Contractor becomes obligated to comply with the provisions of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to utilization of the E- Verify System to verify the work authorization status of all newly hired employees; and requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the statute, the Subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract by the City for a period of 1 year after the date of termination. By acknowledging below, the Vendor confirms these terms shall be an integral part of its bid and the Contract. I Hereby Acknowledge the E-VERIFY Information Below and Will Abide by Everything Outlined in this Section' G Yes * No �Y CACGULIUII UI ulls MyreernerIL, Lontractor cenmes mat the contractor will comply with all requirements outlined above for E-VERIFY Bid Number: 23-07R Vendor Name: Alta Planning + Design VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug - free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything outlined in this Section r Yes * No BIDDER'S QUALIFICATION STATEMENT Line How many years has your organization Item been inbusiness under its present name? * Bid Number: 23-07R If Vendor is operating under Fictitious Name, Have you Have you please ever been ever received a provide both p debarred or Are you Has your contractor a the proper Under what former suspended Licensed? If company purchase and fictitious name(s) has your from doing Yes, attach ever If Yes, order from name, as business operated? Also business copy of declared explain: * the City of well as the List former address(es) with any License to bankruptcy? Tamarac or State, and of that business (if any)." government package * other any al entity. If government registration Yes, al entity?' or corporate Explain identification number as may be applicable: N/A Alta Transportation No r Yes r Yes N/A r No Consultants r No r No Vendor Name: Alta Planning + Design CERTIFICATION We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of organization below: Indicate which type of Company Contractor's Email organization " Name Address * Telephone* City* State * ZIP * License Federal Tax address for Number* ID Number* above Corporation Alta Planning + 711 SE 5032309862 Portland OR 97214 N/A signer* Design, Inc. d Gra Grand 68-0465555 natalielozano Avenue @altago.com Conviction History Employment Policy Inquiry Consideration of conviction history policies. The policy of the City of Tamarac is that it will not include any question on any application for employment, inquire either orally or in writing, receive information about an applicant's criminal history background check, or otherwise obtain information about an applicant's criminal history until after the City initially determines that the applicant is otherwise qualified for a position. Once the City has initially determined that an applicant is otherwise qualified, the City may inquire into or obtain information about a criminal record. The City encourages vendors that do business with the City to adopt and employ conviction history policies, practices, and standards that are consistent with the policies found in the first paragraph of this section herein. The City reserves the right to review all vendors' conviction history policies for consistency with City standards. The vendors' conviction history standards maybe part of the criteria to be evaluated by the City when determining whether to award a City contract to a vendor, and vendors utilizing similar practices as those enumerated in the first paragraph of this section herein. Vendor may receive bonus points when the City is soliciting Requests for Proposal, Requests for Qualifications or Requests for Letters of Interest, unless prohibited by the requirements of Florida or U.S. statutes or codes. Further, the City reserves the right to evaluate a contractor's execution of the conviction history standards as a part of the performance criteria of said City contracts. Vendors are requested to provide information relating to their policies regarding criminal information history and will be asked to provide information as a part of vendor's electronic response. Vendors with criminal history information procedures may be requested to validate their procedures by providing copies of their written policy and/or copies of their employment applications as part of their electronic submittal response. Does your Firm have policies in place to exclude requesting criminal history information from employment candidates until after the candidates have been deemed qualified? (If yes, please upload supporting document) c Yes r No Firm's Primary Ownership Which of the following Line Item best describes the gender of your firm's primary owner (at least 51% ownership):' Which of the following best describes the ethnicity of your firm's primary owner (at least 51% ownership): * Please select the current certification your firm holds: (*NOTE Proof of Certification must be included in Document Upload Section) Indicate the agency or agencies that have granted the certification to your firm: * If Other Please Enter Information Here: (If NONE Enter the word 1 Not Applicable Other (not listed above) -- None Other "NONE") NONE Bid Number: 23-07R Vendor Name: Alta Planning + Design References REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name Legal Address' Contact Name' Phone Number' Email Address ;=`.i t . fs 1 City of West Palm Beach 401 Clematis Street Kevin Volbrecht (561) 494-1091 kcvolbrecht@wpb.org West Palm Beach, FL 33401 2 Broward MPO Trade Centre South Ricardo Gutierrez (954) 876-0044 gutierrezr@browardmpo.org 100 West Cypress Creek Road 6th Floor, Suite 650 Fort Lauderdale, Florida 33309-2181 3 Nashville Department of 750 S 5th Street, Anna Dearman (615) 862-8735 anna.dearman@nashville.gov . Transportation Nashville, TN 37206 4 City of Kirkwood 139 S. Kirkwood Road, Jonathan D. Raiche (314) 984-5926 raichejd@kirkwoodmo.org Kirkwood, MO 63122 5 City of Tucson 201 N. Stone Avenue Andrew Bemis (520) 837-6596 andrew.bemis@tucson.gov Tucson, AZ 85701 Sub -Contractors List of Sub -Contractors Bidder shall list each subcontractor's names and business addresses they plan to utilize to perform the Work under this Bid in excess of twenty percent (20%) of the Contractor's Total Bid Price. Bidder shall also identify if any sub -contractors used are a CBE, DBE, MBE, SBE, WBE, Veteran, or Locally - Owned Business. Furthermore, the Bidder shall also list the portion of the Work done by each subcontractor that they plan to utilize before the Agreement's execution. Proposer listing more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement may render the Bid as non -responsive and may cause its rejection. %Total of Sub -Contractors Status as Line Work to Work to Be Performed Sub -Contractors Contractor Sub -Contractors Sub- Contractors Sub- Contractors E- CBE, DBE, MBE, SBE, Veteran, Locally - Item Performedd for License No. Name mail WBE, or Owned Business Contract 1 Engineering support, approx. 35071 DDEC LLC 250 Royal Ct, uyen@ddec.co CBE, SBE engagement 20% Delray Beach, m support, transit FL 33444 planning 2 3 4 5 Documents It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 23-07R Vendor Name: Alta Planning + Design • Non -Collusive Affidavit and Acknowledgment Non Collusive Affidavit - Non Collusion-Signed.pdf - Tuesday December 06, 2022 11:31:41 • Certified Resolution - Certification 7 Lozano _12.14.2020 (1).pdf - Friday November 18, 2022 16:05:29 • Narrative Response addressing the requirements herein - Alta_ Narrative_ Tamarac MTCMP_FINAL.pdf - Tuesday December 06, 2022 14:17:08 • Proof of State Certified or Coi my Competency Licenses Req Guested - Alta_ DDEC_Licenses.pdf - Monday December 05, 2022 18:03:14 • Certificate of Insurance Proof of Requirements - 7. Alta USA COI 2022-23 Exhibit Only (1).pdf - Friday November 18, 2022 16:07:47 • Federal W-9 Form - W-9_Alta _2022.pdf - Friday November 18, 2022 16:06:23 • Validation that Bidder has policies in place to exclude requesting criminal histonr information from emp1Q=pn+ candidates until after the Bidder initially determines that a candidate is otherwise qualified for the job being advertised - conviction history employment policy.pdf - Monday November 21, 2022 15:27:07 • Data Collection and Needs Assessment Reno - Schedule of deliverables.pdf - Tuesday December 06, 2022 14:17:47 • Draft Multi -Modal Transportation Connectivity Master Plan - Schedule of deliverables.pdf - Tuesday December 06, 2022 14:17:55 • Additional Document - Alta -Tamarac MTCMP_5.2 History of the Company.pdf - Tuesday December 06, 2022 12:37:38 Bid Number: 23-07R Vendor Name: Alta Planning + Design Addenda, Terms and Conditions GENERAL TERMS AND CONDITIONS & SPECIAL CONDITIONS GENERAL TERMS AND CONDITIONS: These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Responding firms including but not limited to Invitations for Bid, Requests for Quotation and Requests for Proposal. As such the words "quotation", "bid" and "proposal' may be used interchangeably in reference to all offers submitted by prospective Responding firms. Any and all special conditions in this RFP or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1. WARRANTIES 1.1 Successful Offeror warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 1.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 1.3 Successful Offeror warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 1.4 All warranties made by Successful Offeror together with service warranties and guarantees shall run to City and the successors and assigns of City. 2. CONDITIONS OF MATERIALS All materials and products supplied by the Responding firm in conjunction with this bid shall be new, warranted for their merchantability, fit for a purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. If any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Responding firm at no cost to the City. Successful Responding firm shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period that may be specified below shall commence upon final acceptance of the product. 3. DELIVERIES Any item requiring delivery by the Offeror or by sub -Consultants shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the proposal price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part thereof, without obligation if delivery is not made at the time specified in the proposal. 4. COPYRIGHTS OR PATENT RIGHTS The Responding firm warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered because of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 5. SAFETY STANDARDS The Responding firm warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall follow Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered because of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 6. PERFORMANCE Failure on the part of the Quoting firm to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Responding firm, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 7. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 8. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Bid Number: 23-07R Vendor Name: Alta Planning + Design 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 Consultant of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance -based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. If the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT: This agreement shall remain in full force and effect only if 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. 9. ASSIGNMENT The Responding firm shall not transfer or assign the performance required by this Proposal without the prior written consent of the City. Any award issued pursuant to this Proposal and monies that may become due hereunder are not assignable except with prior written approval of the City. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner who can legally bind the company, stating that they will continue to perform the requirements of the contract in compliance with all the terms, conditions, and specifications so stated in the contract. 10. EMPLOYEES Employees of the Responding firm shall always be under its sole direction and not an employee or agent of the City. The Responding firm shall supply competent and physically capable employees. The City may require the Responding firm to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Responding firm shall be responsible to the City for all acts and omissions of all employees working under its directions. 11. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the successful Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 12. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 13. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the Responding firm of supplying such product(s) as specified. 14. INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, responding firm agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Responding firm shall obtain at Responding firm's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Responding firm shall maintain such insurance in full force and effect during the life of this Agreement. Responding firm shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Responding firm shall indemnify and save the City and the Broward County Board of i County Commissioners, t's such insurance. officers, agents and employees, harmless from any damage resulting to it for failure of either Responding firm or any subcontractor to obtain or maintain 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 - $1M/$2M • Automobile —$1M/$1M • Workers Comp —Statutory • Contractors pollution liability - $1 M/$2M Bid Number: 23-07R Vendor Name: Alta Planning + Design The City reserves the right to require higher limits depending upon the scope of work under this Agreement that may be outlined below. Neither Responding firm nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Responding firm will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days' notice prior to cancellation. The Responding firm's liability insurance policies shall be endorsed to add the City of Tamarac and the Broward County Board of County Commissioners as "additional insured". The Responding Firm's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding firm shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Responding firm purchase a bond to cover the full amount of the deductible or self -insured retention. If the Responding firm is to provide professional services under this Agreement, the Responding firm must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. A sample Insurance certificate validating that the responding firm has the required insurance coverage that will meets the requirements outlined herein must be uploaded with Responding firm's bid. 15. INDEMNIFICATION The Responding firm shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees 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 Responding firm or its Subcontractors, agents, officers, employees 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 of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 16. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the successful Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for 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. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 17. VENUE Any Agreement resulting from this solicitation 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. 18. SCRUTINIZED COMPANIES By execution of this bid/proposal, Bidder certifies that Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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. 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 made in error. If Contractor does not demonstrate that the City's determination of false 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. 19. RECORDS/AUDITS 19.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 19.1.1 Keep and maintain public records required by the City to perform the service; 19.1.2 Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Bid Number: 23-07R Vendor Name: Alta Planning + Design 19.1.3 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 contract if the contractor does not transfer the records to the City. 19.2 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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. 19.3 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 20. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. 21. E-VERIFY COMPLIANCE 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 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 22. 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 CITY.CLERK@TAMARAC.ORG SPECIAL CONDITIONS: NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Contractor and shall be responsible to comply with the requirements enumerated in these Special Conditions. 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the Tamarac City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal directly through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that the firm will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. PAYMENT 2.1 Payment will be made monthly for work that has been completed and properly invoiced. Invoices must include hourly breakdowns of work Bid Number: 23-07R Vendor Name: Alta Planning + Design performed for various tasks. 2.2 Payment schedule shall be governed by THE LOCAL GOVERNMENT PROMPT PAYMENT ACT FS Section 218 735. 3. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Proposal executed and submitted by the Consultant, Scope of Work, plans and specifications (where applicable), any addenda or bond(s)(if required), insurance certificate(s), and the City's Resolution awarding the Proposal. Any change orders which may be issued after the award of the contract. All documentation MUST be uploaded to the City's website at: hftos•//tamarac bidsandtenders org/Module/Tenders/en 4. INELIGIBLE CONSULTANTS A Consultant may be considered ineligible to submit a Proposal for this project if the Consultant has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past five (5) years. 5. BROWARD COUNTY MOBILITY ADVANCEMENT PRORAM PROJECTS The funding for this project is provided through the Broward County Mobility Accessibility program administered by the Broward County Board of County Commissioners. Accordingly, the City of Tamarac requires compliance with the requirements of the Broward County program. 6. FORM AGREEMENT The City has attached a copy of the County's preapproved Surtax -Funded Form Consultant Agreement. Responding firms shall be responsible for complying with all requirements and terms and conditions of the County's preapproved Surtax -Funded Form Consultant Agreement. The City of Tamarac will utilize this Contract between the Consultant and the City, respectively. 7. PROPOSAL PREPARATION EXPENSE The Proposer preparing a Proposal in response to this Proposal shall bear all expenses associated with its preparation. The Proposer shall prepare a Proposal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation and/or presentation. 8. PROPOSAL SUBMITTAL PRICES All prices, terms and conditions Proposal in the submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for ninety (90) calendar days from the date of the Proposal closing unless otherwise stated by the City. Any Proposals containing escalation clauses will not be reviewed and another awarded Consultant on the list will be considered. The City of Tamarac will award payment within thirty (30) days of the conclusion of the work, and upon full approval. r3 We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Quotation - Matt Hayes, Vice President, Alta Planning + Design, Inc. Bid Number: 23-07R Vendor Name: Alta Planning + Design The bidder shall declare any potential conflict of interest that could arise from bidding on this bid. Do you have a potential conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda I have reviewed the File Name below addendum and attachments (if pages applicable) 23-07R Multi Modal Transportation Connectivity Master Plan - Addendum No. 6 Wed November 23 2022 03:51 PM p 1 23-07R Multi Modal Transportation Connectivity Master Plan - Addendum No. 5 Wed November 23 2022 03:28 PM 17 2 23-07R — Multi -Modal Transportation Connectivity Master Plan - Addendum No. 4 Mon November 14 2022 05:23 PM Iv 2 23-07R Multi Modal Transportation Connectivity Master Plan - Addendum No. 3 Fri November 11 2022 04:33 PM F 2 23-07R Multi Modal Transportation Connectivity Master Plan Addendum No. 2 Fri November 11 2022 09:11 AM F7 1 23-07R - Multi - Modal Transportation Connectivity Master Plan - Addendum No. 1 Tue November 1 2022 05:39 PM 17 1 Bid Number: 23-07R Vendor Name: Alta Planning + Design Bid Number: 23-07R Vendor Name: Alta Planning + Design Schedule of Deliverables The schedule below has been carefully organized to sequence key tasks, meetings, and deliverables, providing an efficient process and thorough review of all products as they are developed. To assure that project schedules are monitored and met, Alta employs several project management techniques. Effective project management requires careful definition of tasks, responsibilities, and products so that each team member has a shared understanding of each piece of the project. MONTHS 1 Task 1. Project Initiation Project Kick-off Meeting with Consultant (Deliverable 1) Staff Coordination with Consultant Task 2. Project Communication and Public Outreach Public Outreach Plan and Outreach Materials Community Outreach Workshops Community Survey Project Webpage and Online Input Tool Task 3. Existing Conditions and Needs Analysis (Deliverable 2) Existing Policies and Plans Existing Conditions Mapping System Development Updated Vision, Goals, and Policies Safety, Demand, and Traffic Stress Analysis Task 4. Recommendations and Implementation Multimodal Network Prioritization Strategy and Tools Prioritization of Projects and Programs Cost Estimates Implementation Strategy Optional: Project Cut Sheets Task 5. Document Preparation Draft Plan (Deliverable 3) Final Plan and Presentation City Commission (Deliverable 4) Bi-weekly Progress Meetings (24) At project initiation, we will refine the detailed work plan addressing all tasks to be completed, deliverables, and project schedule. We will produce monthly progress reports that summarize tasks completed, and outline tasks to be completed in the coming month. We will produce detailed meeting summaries covering the discussion items and will include a list of follow-up tasks and the responsible party for each task in a Status of Open Items (SOI) format. 2 3 4 5 6 7 8 9 10 11 12 13 • • • • • • • • • • • • Tasks Progress ■ Optional Task *Commission Meeting 0 Bi-weekly Meetings/Calls Schedule of Deliverables The schedule below has been carefully organized to sequence key tasks, meetings, and deliverables, providing an efficient process and thorough review of all products as they are developed. To assure that project schedules are monitored and met, Alta employs several project management techniques. Effective project management requires careful definition of tasks, responsibilities, and products so that each team member has a shared understanding of each piece of the project. At project initiation, we will refine the detailed work plan addressing all tasks to be completed, deliverables, and project schedule. We will produce monthly progress reports that summarize tasks completed, and outline tasks to be completed in the coming month. We will produce detailed meeting summaries covering the discussion items and will include a list of follow-up tasks and the responsible party for each task in a Status of Open Items (SOI) format. MONTHS 1 2 3 4 5 6 7 8 9 10 11 12 13 Task 1. Project Initiation Project Kick-off Meeting with Consultant (Deliverable 1) Staff Coordination with Consultant Task 2. Project Communication and Public Outreach Public Outreach Plan and Outreach Materials Community Outreach Workshops Community Survey Project Webpage and Online Input Tool Task 3. Existing Conditions and Needs Analysis (Deliverable 2) Existing Policies and Plans Existing Conditions Mapping System Development Updated Vision, Goals, and Policies Safety, Demand, and Traffic Stress Analysis Task 4. Recommendations and Implementation Multimodal Network Prioritization Strategy and Tools Prioritization of Projects and Programs Cost Estimates Implementation Strategy Optional: Project Cut Sheets Task 5. Document Preparation Draft Plan (Deliverable 3) Final Plan and Presentation City Commission (Deliverable 4) Bi-weekly Progress Meetings (24) • • • • • • • • • • • • • Tasks Progress ■ Optional Task *Commission Meeting • Bi-weekly Meetings/Calls AT f 1 i ',.�' • �YY e t If firlt A i 17 rime .z, wl �r�9 � is �1��►. � .y '�;: ,�, ; 5. PROPOSAL NARRATIVE 23-07R Multi -Modal Trans po r t 11 at i ConnectivityMaster Plan City of Tamarac alta Q w d a 9 f f a LO (7) 0 � N m `m a v a o � � o c U W ~ W O � Uv o c c U u m ii S C N Y d O o 0 p n d w m 3 0 u w c E -o a v E c a a Q L ui ui ui ui a (n v o>> m E m� x L d N E Y aw �. m v m E m m Y r . O c Z 'E d y a °' w H m a o e N m y H m E 3 u Y m um E r c m m a c c Y E c N a o r E o --° u o 0 d m m rn-_ E p m L u I'm c c E M. 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W - N F d a £ .. o E. j£ 9O '^ 0 0 o Y- T �• L =-- n 'c° = A o °t. C o c ,C = v N c E A a •`-' w' `a c .E N c o c ,n n u n '<, v y a a u '" m L 6 N °- o .n m° ° o o u i u o a> n u u a g c° - r a C L ry G C o H o s r o � - R R o _o' o o x£ a v a o r :: c $ Z.. c u 4- o- o 6 a c v o _ o .o o. > $ " c O d U d c �n G _ G O a- OW x u m- a m N 0= d N G O a j N r '= .t. O o w .r. H m O m y£ F[ W W E �.� y r c- - -m W C 0 0 p d ;` = m n Cci C 0 0 °�' E O 0? yy = vOi O c a> £ o u u c u o c L y 6> O `as 3asa"?a o.=_3� �oa��3 o Sa` of =�',at�u°O_= o co O v moo N22EvEa o� o E r o -aa t a o o u a v oo E E r o 3 E t o c 0 w o c o -Vo c £ w o - E u' - a o o m u £ £ °1v a w r . w E a'E E H ¢ 7 O E 7 tD The CONSULTANT accepts no responsibility for the use of the product "professional services beyond the intended purpose of this Agreement. involving highly technical tasks" If the All original written material and other documentation, including City wishes to retain background data, documentation, and staff work that is preliminary to ownership and the final reports, originated and prepared for the project pursuant to this right to use for any Agreement, shall become exclusively the property of the purpose, we must CONSULTANT. have language protecting Alta from The ideas, concepts, know-how or techniques relating to data claims related to the processing developed during the course of this Agreement by the use of pour work for CONSULTANT or CLIENT personnel, or jointly by the CONSULTANT and unintended purposes CLIENT personnel, can be used by either party in any way it may deem or from claims related appropriate at their sole risk. to modification of our deliverables. Material already in the CONSULTANT's possession, independently developed by the CONSULTANT outside the scope of this Agreement or rightfully obtained by the CONSULTANT from third parties, shall belong to the CONSULTANT. Any use except for the specific purpose intended by this Agreement will be at the user's sole risk and without liability or legal exposure to Consultant. Questions to ask: Instructions to Proposers 23-07R 9.2 Prompt payment discounts and Special Conditions -Payment 2.2 schedule seem to conflict. The prompt payment statute states payments to prime consultants must be made within 45 days of invoice. The RFP states that terms shall be 2% 10 net 30 and sample agreement states at 6 that payment shall be made at completion if the work listed in Paragraph 2. The sample tax funding agreement allows for monthly progress billing on a time and materials basis or lump sum. Can the City clarify what payment language they intend to use? Instructions to Proposers 23-07R 3 states the contract documents will consist of ... or bond (s) (if required). Will the resulting contract require a bond for this project? 48 5. Proposal Narrative Multi -Modal Transportation Connectivity Master Plan ALTA PLANNING + DESIGN, INC. a O N O W e CL a C N u m u t �` y ti 3 c c �c c- c a o m u m o- W g E 30 O N W O L Y N m o h V W a 0 d o a E u c E y rn N° y W 3 W au 9 c x `o v `m W W y W c o c E m 3 c c W y ca o` a E a- c t .° E.' m c c a W - V c E c G; �' t a Go,u a10 0a2HcE NiOW o'E y W u o ° E;0V y u W m o °t« m c n cc a OOu -W°V.cuV ' u CV2E o c o o coa E o E- WLC OW mu o £Joz X E Hm Wa° Q H a E m c m cm W o° s c u W - W a e OE W0 2 > uEW cOuvO c ch c . W W 2 c ° E E° c TuEWC j c'a~ uaO o n a mai aaE3 Ew o u oa c r o a cmdtc oo°Ep aWoc� m ow ui a n a w W E v 'oc^ + m h a r ° J a � m_; a a a E t1 J � rn« COo C W l J y io H e a, o C Q, Z'J 03 CL y c Q'§ ° m _ o n C. a 41 H p c W e N �« a O� v c f0 W$ n c a •� c a uWi y m y ti o C co a 'c W e o o w J c 'm o 'W u � o tl `< v m rn cm cm 0 0 c c c Ea E u y o _u c >m `-•E� acma a o o v n h u v v ym m_5 v c'o= m W a 9 E ac y W Q E c c c i, LP o '2J ;n u u m m a E i. �'a E�o�v c c `o 0 c u o ciaami nE o,o i0 c +�� II, 'tl u E •m a a N W aye .� O y N tl € a y°y•'�� auio c T 'o Q �° ~° ¢ c n W ac, y N c J a C a `B C > o" c N c°cC Wm cWC m «p E>. O ° 0e Z c m w rn NWv W 0 D $ m °mer- a c rn °u °° Lo o d u E u � S 3° u a m � E 6 z t __, m_-m _©, { 6 - \ \ \ $ \U D / ec \u ƒ \ \\\ \(\ E e �:4 T ƒ )o E a§2 _�_w . m� � _#� o __w,__m _e_wa � ) o - % { \ \ ) \ z ° } \ § ; 0 m _ ! K k \ @ ! � )!{ii _\ }|) \$§\f[ k \ / `o \ { - \ \ k " 2 2 » : | / \ / \ J - \ \ \ + { ! ) G / ! - Z k ? \ ( { ) \ \ \ ~ \ } \ (! f \ (; 2) \ { /° ! ! ; ! a ! m !«= 6 6± a OIOFECNOBFF CORRIDOR CNARRFrrF �rnsnrca�rorou war wea# Pu P�Im Buxn Slwrn Nmiam., Part Beach N-1i + Po 7W PAIt ulmm Ir Q.v # t The City of West Palm Beach made a commitment to create a community that is economically vibrant and competitive, environmentally sustainable, and socially just and accessible. This has led to expanded transportation options such as the City Circuit, City trolley, and SkyBike (bikeshare) services. Alta worked with the City of West Palm Beach to develop a collaborative and innovative approach to transportation planning, design, and implementation, leveraging current and new mobility technology and strategies. Alta focused on how to align competing demands for space in the public right-of-way to plan, prioritize, and implement a high -quality transportation network of on -street bikeways, walkways, trails, transit service, and vehicular routes. Included in this effort are mobility hubs that integrate options for future mobility technology such as electric vehicles and autonomous shuttles, public transit, bikeshare, car share, and placemaking strategies. The Alta team also made recommendations and policy guidance for autonomous shuttles and bus services. The plan will help the City establish supporting policy and funding strategies, including a new mobility fee that allocates funding in a way that balances transportation options, to see that the vision for a livable, safe, healthy, and economically competitive city is achieved. Alta also conducted four studies as part of this plan: a Citywide transit study, a Downtown Parking and Transportation Demand Management Study, the Okeechobee Corridor Study, and the Tamarind Avenue Vision Study. 5 5.2: History of the Company Multi -Modal Transportation Connectivity Master Plan ALTA PLANNING +DESIGN, INC. _Z O a 0 R 'C fC R O N Z L d N � d d LLl O L Q (nc Q C � •L = } J LPL _H �_ X L CC� L G U s U) W m C O E U O _ Z c d w Q � Y O Q W � c Z fC J R Q U 0 � CO w C = w N 3 cu s U U X 9 m M t L N O O N cu X O � U (N r-I e-I NI I I (Nto rl rl rl I I r-•I NI ri NI NI I I NI rI rl �i l I N I NI NI NI NN l r 'IT r N N N N i... 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