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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-093Temp. Reso. #13991 August 23, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR SURTAX - FUNDED MUNICIPAL TRANSPORTATION PROJECT: FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAL/TAMA-014 ATTACHED HERETO AS EXHIBIT 1` AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and propriety powers to enable them to conduct municipal, perform municipal functions, and render municipal service, and exercise, any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, Broward County voters approved a 30-year, one percent surtax for transportation in November 2018 and the first distribution of surtax revenues was received by Broward County from the Florida Department of Revenue in March 2019; and Temp. Reso. #13991 August 23, 2023 Page 2 of 4 WHEREAS, for Tamarac transportation projects to be considered for surtax funding, Broward County required the adoption of the Transportation System Surtax Interlocal Agreement with the County, the Broward Metropolitan Planning Organization and Broward municipalities; and WHEREAS, such Interlocal Agreement ("ILA") and subsequently the first and second amendment to this Agreement were adopted by City of Tamarac City Commission on September 26, 2018 via Resolution No. R-2018-125 and October 10, 2018 via the Resolution No. R2018-129, on July 10, 2019 via Resolution No. R-2019-67 and on February 24, 2021 via R-2021-019, respectively; and WHEREAS, the City of Tamarac was awarded Cycle 1 transportation surtax funding for four capital projects, including Fire Station 15 Emergency Vehicle Preemption Signal/TAMA-014, and one Rehabilitation and Maintenance (`R&M") Project ("Project") for a total award amount up to $4,047,058; and WHEREAS, by Resolution No. R-2022-099, adopted on September 14, 2022, the City Commission approved the Interlocal Agreement to use the surtax funds for the Project; and WHEREAS, City staff has requested additional time to complete the Project and cost escalation funding for the Project and Broward County has approved the requests submitted by the City; and WHEREAS, City staff recommends approval of the First Amendment to the ILA to provide additional time to complete the Project and cost escalation funding; and Temp. Reso. #13991 August 23, 2023 Page 3 of 4 WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the residents of the City of Tamarac to approve the First Amendment to the Interlocal Agreement to provide additional time to complete the Project and cost escalation funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission hereby approves the First Amendment to the Interlocal Agreement to provide additional time to complete the Surtax - Funded Municipal Transportation Project: Fire Station 15 Emergency Vehicle Preemption Signal/TAMA-014 and cost escalation funding, attached hereto as Exhibit "1 ". SECTION 3: The appropriate City Officials are authorized to take any and all actions necessary to effectuate the intent of this Resolution. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #13991 August 23, 2023 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 230 day of /�"C-IUS 2023. ATTEST: .— BERLY ILLON, CMC CITY CLERK 9" *'j, tt' -, -i � 14 ICHELLE J. GOMEV MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ �' S DIST 1: V/M BOLTONS DIST 2: COMM. WRIGHT JR v�5 DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. H IN S'dtfiNOT .CITY ATTORNEY Bfk)(*' 1Nk�p C FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAL/TAMA-014 This First Amendment ("First Amendment") is entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and the City of Tamarac, a municipality of the State of Florida ("Municipality") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into an Interlocal Agreement Between Broward County and City of Tamarac for Surtax -Funded Municipal Transportation Project number TAMA-014, dated September 23, 2022, ("Agreement") to provide for the fire station 15 emergency vehicle preemption signal ("Project"). B. The Agreement expires by its terms on May 20, 2024. C. The Parties now desire to amend the Agreement to extend the term, revise the schedule to allow additional time to complete the Project, and include a reimbursable inflation adjustment. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Amendments to the Agreement made pursuant to this First Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Section 4.1 of the Agreement is amended as follows: 4.1. Term. The term of this Agreement shall begin on the date it is fully executed by the Parties ("Effective Date") and shall end on May 20,2024 February 28, 2025 ("Initial Term"), unless extended pursuant to Section 4.2. 4. Section 5.4 of the Agreement is amended as follows: Maximum Funding. Municipality acknowledges that the Maximum Funding Amount set forth below is the maximum amount payable by County and constitutes a limitation upon County's obligation to provide funding to Municipality for the Project. Municipality 1 First Amendment TAMA-014 further acknowledges that subtotal amounts set forth below for the applicable phases and in the Funding Schedule (including as amended) are the maximum amounts payable for the applicable portions of the Project, and constitute limitations on County's obligation to provide funding to Municipality for the Project. Description Not -To -Exceed Amounts Phase 1: Construction (inclusive of 5% $445,817.00 contingency) Reimbursable Inflation Adjustment $ 53,052.22 MAXIMUM FUNDING AMOUNT: c44�9 $498,869.22 In no event shall County be liable to provide funding to Municipality in excess of the applicable amounts stated in the Funding Schedule or the Maximum Funding Amount, regardless of the basis for any claim or the basis for increased cost, including, without limitation, differing site conditions, delays, weather, or any other reason. If the actual costs of the Project exceed the amount County is obligated to fund per the Funding Schedule, as same may be amended pursuant to this Agreement, Municipality shall be solely responsible for funding any and all such additional amounts. Municipality is solely responsible for any and all costs to operate, support, and maintain the Project unless otherwise agreed in writing by the Parties; County has no obligation to fund any costs related to the Project except as expressly stated in this Agreement. 5. Sections 2 and 3 of Exhibit A of the Agreement are amended as follows: 2. Deliverables: Municipality shall provide quantifiable, measurable, and verifiable units of Deliverables as set forth below. Each Deliverable must specify the required minimum level of work to be performed and the criteria for evaluating successful completion of the Deliverable. DELIVERABLES: Phase - Construction No. Description Duration/Deadline Acceptance Criteria 1 Execution of ILA between County and City of Tamarac September 23, 2022 ILA fully executed by City and City government signed resolution. Project Construction 2 Advertising Bid, Award, jaRWaFy 11, 2923 Execution of Construction Construction Contract August 23 2023 Agreement. Execution 3 Notice to Proceed and FebFuaFy 10, 2023 NTP Issued by City, Required Permits Commencement of Contract Se tember 22 2023 pulled by Contractor. 2 First Amendment TAMA-014 Permitting; Clearing, Grubbing August 29, 2 FDOT Standards/Specs, Broward and Site Preparation; M aV 19 2024 County Traffic Engineering Division Mobilization; (BCTED); PMO progress reports and Commencement of Work; subject to review and approval by Mast Arm Signal Poles and County. Controller Cabinet Procurement 5 Cast in Place Foundation Augwst2g,2023 FDOT Standards/Specs, Broward Installation and Inspection May 19 2024 County Traffic Engineering Division (BCTED); PMO progress reports subject to review and approval by County. Proposed Construction of FDOT Standards/Specs, Broward complete signalization (also includes FPL power service August 27 2024 County Traffic Engineering Division (BCTED); PMO progress reports installation, and any down subject to review and approval by time related to periods of County. inactivity waiting on signal mast arm poles to be delivered) 7 Substantial Completion jaRWaFy 6, 2Q24 Certificate of Occupancy (CO) or September 26 2024 Temporary Certificate of Occupancy (TCO) issued or certification in writing by City's Consultant or Contract Administrator that Substantial Completion is achieved. Conditions o Permits and regulatory agencies satisfied. 8 Final Completion Project is certified, November 10 2024 Consultant/ Engineer/PM's Notice of Acceptability presented to City, and Final Payment Issued. 3. Project Schedule: Description Estimated Date for Completion County and City execution of Project Specific ILA September 23, 2022 January 11, 2023 Bid Advertisement, Award, Construction Contract Execution Notice to Proceed (NTP) and Commencement of September 22 2023 Contract First Amendment TAMA-014 Permitting; Clearing, Grubbing and Site Preparation; Mobilization; and Commencement of Work; Mast Are Signal Poles and Controller May 19 2024 Cabinet Procurement Cast in Place Foundation Installation and Inspection August 29, 2024 May 19 2024 Proposed Construction of complete signalization (also includes FPL power service installation, and any down time related to periods of August 27 2024 inactivity waiting on signal mast arm poles to be delivered). Substantial Completion September 26 2024 Final Project Completion November 10 2024 6. The provisions within the Funding Parameters Section of Exhibit B-1 are amended as follows: Municipality shall invoice County for up to a quarter of the applicable Total Maximum Not -to -Exceed Amount specified below in advance of the applicable Deliverable or Phase ("Application for Funding") (excluding the Cost Escalation Amount specified below). The first Application for Funding shall be submitted to the Contract Administrator no later than thirty (30) days after the full execution of this Agreement. Municipality shall submit no more than four separate Applications for Funding per funding schedule provided below. Each quarter will be funded in advance by County per the schedule(s) stated below, with each funding amount determined by the Maximum Not -to -Exceed Amount for the applicable Deliverable less any unexpended funding for prior Deliverables. Unexpended funds for prior Deliverables shall be deducted from subsequent Applications for Funding or refunded to County, as requested by the Contract Administrator. Each Application for Funding (after the first) shall include the information required in the Agreement including the following information for the prior Deliverables (as applicable): the amount of funding received and evidence of actual expenditures (including documentation demonstrating all invoices received from and payments made to Consultant); a statement indicating the cumulative amount of CBE participation; an updated progress schedule; and all required certifications including that all Deliverables sought are statutorily eligible for funding under Section 212.055, Florida Statutes. Absent prior written approval by the Contract Administrator, Municipality may not submit an Application for Funding for a Deliverable until all prior Deliverables have been satisfactorily completed. 4 First Amendment TAMA-014 Reimbursable Inflation Adiustment After Project final completion, successful Project closeout, and all other Project funding has been expended on the Project, Municipality may submit an Application for Funding to County seeking reimbursement for eligible Project costs associated with inflation up to the Reimbursable Inflation Adjustment Amount specified below. An Application for Funding for the Reimbursable Inflation Adjustment Amount must include: the information set forth above for an Application for Funding; a certification that all other Project funding has been utilized; and invoices documenting expenditures for eligible Project Costs up to the Reimbursable Inflation Adjustment Amount. The Inflation Adjustment Amount may not exceed eleven and nine tenths percent (11.9%) of the Total Maximum Not -To -Exceed Amount excluding the Reimbursable Inflation Adjustment Amount. Deliverable/Phase Description Maximum Not -To -Exceed Amount Deliverables 1-3: Bidding; Contract Award and Executed Construction Agreement; Notice to $111,454.25 Proceed Issued; and Commencement of Contract Deliverable 4-6: Permitting; Clearing, Grubbing $111,454.25 and Site Preparation; Mobilization; and Commencement of Work; Mast Arm Signal Poles and Controller Cabinet Procurement; Cast in Place Foundation Installation and Inspection; Proposed Construction of complete signalization (also includes FPL power service installation, and any down time related to periods of inactivity waiting on signal mast arm poles to be delivered); Deliverables 7: Substantial Completion $111,454.25 Deliverables 8: Final Project Completion $111,454.25 Deliverable — Final Completion, Successful $53, 052.22 Closeout, and County's Receipt of Required Documentation. Reimbursable Inflation Adjustment Amount TOTAL MAXIMUM NOT -TO -EXCEED AMOUNT: $498,869.22 7. In the event of any conflict or ambiguity between this First Amendment and the Agreement, the Parties agree that this First Amendment shall control. The Agreement, as amended herein by this First Amendment, incorporates and includes all prior negotiations, 5 First Amendment TAMA-014 correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8. Preparation of this First Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 9. Municipality acknowledges that through the date this First Amendment is executed by Municipality, Municipality has no claims or disputes against County with respect to any of the matters covered by the Agreement. 10. The effective date of this First Amendment shall be the date of complete execution by the Parties. 11. This First Amendment may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 0 First Amendment TAMA-014 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: BROWARD COUNTY, through its County Administrator, authorized to execute same by Board action on the 25th day of August, 2020, Agenda Item No. 86, and the CITY OF TAMARAC, signing by and through its City Manager, duly authorized to execute same. BROWARD COUNTY BROWARD COUNTY, by and through its County Administrator By Monica Cepero �L 1 day of K 2023 Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 JJ..IWallace9nedbyAngela Angela J.ally By Wallace Date: ' 023.09.06 11:53:08 -04'0Angela J. Wallace (Date) Transportation Surtax General Counsel AJW/hb TAMA-014 —First Amendment 08/09/2023 #23-114.01 7 First Amendment TAMA-014 �%%"" gyp M !M C. /,�����'ii •� �� � jt • CREATED : R� =p ;p OCT 1st o 1915 a� FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAL/TAMA-014 ATTEST: YCLERK I OF TqM� :ESTABLISHED. Q - 1963 - SEAL 2 CO U Nl-, First Amendment TAMA-014 MUNICIPALITY CITY O AMARAC By: N nt Sucuoglu, City Manager 27 day of 2023 I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to4xecution by the parties: City Attorney r AL r • i l O R t D 4 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAL/TAMA-014 This Interlocal Agreement ("Agreement") is made and entered by and between Broward County, a political subdivision of the State of Florida ("County"), and City of Tamarac, a municipality of the State of Florida ("Municipality") (each a "Party" and collectively referred to as the "Parties"). RECITALS A. In November 2018, Broward County voters approved a 30-year sales surtax (also known as "Penny for Transportation") to fund statutorily -permissible transportation expenditures. B. All projects, County, State, and municipal, funded by the transportation surtax are evaluated for eligibility under Section 212.055(1), Florida Statutes, by the independent Transportation Surtax Oversight Board before the Broward County Board of County Commissioners makes the final decisions regarding project funding. C. A process has been established pursuant to which surtax -funded staff at the Broward Metropolitan Planning Organization ("MPO") prioritize municipal projects, with the exception of municipal rehabilitation and maintenance projects, and make recommendations for funding. The first round of ranking of municipal capital projects was recently completed by the MPO following extensive and detailed discussions with the submitting municipalities, and the Project contemplated in this Agreement was included in that review and ranking. D. The municipal Project defined herein has been determined statutorily eligible for funding and subsequently approved for funding by the Broward County Board of County Commissioners. E. The purpose of this Agreement is to set forth the terms and conditions for County to provide transportation surtax funding for the Project and the terms and conditions for Municipality to complete the Project. Municipality will implement the Project, as funded by County with surtax funding, in accordance with the terms of this Agreement. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1. Board means the Board of County Commissioners of Broward County, Florida. 1.2. Contract Administrator means the County Administrator or such other person designated by the County Administrator in writing. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 1 of 61 1.3. Contractor means the persons, firms, or corporations with whom Municipality has or will contract for the performance of the Project. 1.4. Consultant means the architect or engineer who has contracted with Municipality or who is an employee of Municipality, and provides programming, design, construction management, engineering, and inspection, or other professional services for the Project. 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. Maximum Funding Amount means the maximum funding amount stated in Section 5.4. 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 project described in Exhibit A. 1.9. Project Manager means the Public Services Director for Municipality. 1.10. Subcontractor means an entity or individual providing services to Municipality through Contractor or Consultant for all or any portion of the Project. The term "Subcontractor" includes subconsultants. 1.11. Surety means the surety company or individual that is bound by the performance bond and payment bond and that is responsible for Contractor's or Consultant's acceptable and timely performance and completion of the Project under this Agreement and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.12. Surtax -Funded Projects means any project, including without limitation the Project described in Exhibit A, that is funded in whole or in part by the transportation surtax collected pursuant to Section 212.055(1), Florida Statutes. ARTICLE 2. EXHIBITS Exhibit A Project Description and Project Schedule Exhibit B Funding Schedule Exhibit C Reporting Requirements Exhibit D Form Contracts Exhibit E Municipal Resolution Authorizing Execution of Agreement ARTICLE 3. PROJECT DESCRIPTION; COMPETITIVE PROCUREMENT; PERMITTING 3.1. Project Description and Proiect Schedule. Municipality shall perform, or cause to be performed, the Project in accordance with the Project Description and the Project Schedule set forth in Exhibit A. The Project Description is a general description of the Project and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 2 of 61 tasks that are such an inseparable part of the Project described that exclusion of any of them would be impractical, illogical, or unconscionable. 3.2. Municipal Responsibility for the Project. Municipality is solely responsible for the Project, subject to the terms of this Agreement. County has no responsibility for the construction means, methods, techniques, sequences, or procedures employed in the performance of the Project. Municipality shall be solely responsible for retention, supervision, and payment of Contractor, Consultant, and all Subcontractors. Municipality shall be solely responsible for securing any and all property rights or permits required by the Project. Nothing in this Agreement shall impose on County an obligation to assume any contract or subcontract, or to make payment to Contractor, Consultant, or any Subcontractor, vendor, or supplier, or to perform the Project or any portion thereof, or to supply any goods or services for the Project. Further, nothing contained herein shall create any contractual relationship between County and Contractor, Consultant, or any Subcontractor, vendor, or supplier. 3.3. Competitive Procurement; Consultants' Competitive Negotiation Act. Except to the extent the Contract Administrator has approved utilization of an existing contract by Municipality for the services to be performed by Contractor or Consultant, Municipality must provide the proposed solicitation(s) for the Project to the Contract Administrator for review at least twenty (20) days prior to publication of the solicitation by Municipality. County's review shall include, without limitation, determination of the applicable CBE Goal (as defined in Article 10), which must be included by Municipality in the solicitation(s). If Municipality seeks to utilize an existing contract for the services to be performed by the Contractor or Consultant, Municipality must obtain prior approval by County and must provide the Contract Administrator with the proposed contract and supporting documentation for consideration pursuant to the procedures stated in Section 3.5.2; County may require, as a condition for its approval, that the engagement of Contractor or Consultant for this Project utilizing an existing municipal contract include modifications or additions to the existing contract terms and conditions, including without limitation any provision identified in Section 3.5.3. Municipality must comply with all applicable provisions of state law including, as applicable, Section 255.20 and Section 287.055, Florida Statutes, in the procurement of any services or materials relating to the Project. If any applicable state or federal procurement requirement is stricter than any other applicable requirement, Municipality shall be obligated to meet the stricter requirement. Prior to the execution of any contract with Contractor or Consultant relating to the Project, Project Manager shall certify in writing to the Contract Administrator that the procurement and the proposed contract comply with the requirements of this Section 3.3. 3.4. Modifications to Proiect or Phases. 3.4.1. Material Changes to the Project. Material changes are changes that increase the Maximum Funding Amount or materially modify the Project Description. Any proposed material change to the Project Description that does not increase the Maximum Funding Amount requires the prior written approval of the Contract Administrator. Any proposed material change that would increase the Maximum Funding Amount requires an Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 3 of 61 amendment of this Agreement. Any proposed material change may also, if determined necessary by Contract Administrator pursuant to the applicable contractual, statutory, or other surtax -related requirements, require review by the Oversight Board for statutory eligibility. Municipality shall submit to the Contract Administrator written notice of the proposed material change and appropriate backup documentation; if requested by the Contract Administrator, Municipality shall provide any additional requested backup documentation. The Contract Administrator will either approve or disapprove in writing the proposed material change to the Project Description that does not increase the Maximum Funding Amount within fifteen (15) calendar days after receipt of the written notice and all requested backup documentation; if not timely approved, the request shall be deemed disapproved. Any material change that increases the Maximum Funding Amount must be approved by the Board. 3.4.2. Modifications to Construction Phase. Requests for additional funding as a result of modifications to the construction phase of a Project that exceed the amount provided in the then -current Funding Schedule, including without limitation change orders or other scope changes, are subject to (i) approval by the Contract Administrator, and (ii) the Board's allocation of additional funding; such requests may also, if determined necessary by Contract Administrator pursuant to the applicable contractual, statutory, or other surtax -related requirements, require additional review by the Oversight Board for statutory eligibility. Municipality shall submit to the Contract Administrator written notice of its request for additional funding and appropriate backup documentation; if requested by the Contract Administrator, Municipality shall provide any additional requested backup documentation. The Contract Administrator will either approve or disapprove the request in writing within fifteen (15) calendar days after receipt of the written notice and all requested backup documentation; if not timely approved, the request shall be deemed disapproved. 3.4.3. Owner Enhancements. In addition to any approvals that may be required pursuant to this Agreement, any increased or additional costs due to changes in the quality of materials, furnishings, finishes, aesthetics, or any other cost reasonably determined by the Contract Administrator to be an "owner enhancement" (including, without limitation, decorative lighting, decorative paving, and improvements that are not within the public right of way) must be funded solely by Municipality with non -surtax funding, and County shall have no funding responsibility for any such increased costs. Upon the Contract Administrator's request, the Project Manager shall provide sufficient detail for the Contract Administrator's determination of whether any increased or additional costs include owner enhancements. The Contract Administrator shall determine, after consultation with the Project Manager, whether the increased or additional costs constitute owner enhancements. 3.4.4. Proiect Schedule. Any proposed change in the Project Schedule that modifies the commencement or completion date for any phase or for the Project by more than sixty Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 4 of 61 (60) days requires the prior written approval of the Contract Administrator. Municipality shall submit to the Contract Administrator written notice of the proposed change and appropriate backup documentation; if requested by the Contract Administrator, Municipality shall provide any additional requested backup documentation. The Contract Administrator will either approve or disapprove in writing the proposed change within fifteen (15) calendar days after receipt of the written notice and all requested backup documentation; if not timely disapproved, the request shall be deemed approved. 3.4.5. Nonmaterial Changes. Nonmaterial changes to the Project (namely, changes that do not require approvals under Sections 3.4.1, 3.4.2, 3.4.3, or 3.4.4) do not require County approval and may be approved by the Project Manager. 3.5. Contractor and Consultant Contracts. 3.5.1. Form Contracts. County has preapproved the Surtax -Funded Projects Form Construction Contract and the Surtax -Funded Projects Form Consultant Contract (collectively, the "Form Contracts") attached as Exhibit D, which Municipality may utilize for its contracts with Contractor and Consultant, respectively. County may update the Form Contracts from time to time upon written notice to Municipality, and such updated Form Contracts shall be the applicable forms for solicitations advertised after the date of such written notice by County. 3.5.2. County Approval. Unless the Form Contracts are utilized for the Project with no material modification or an existing municipal contract is approved by County for use pursuant to Section 3.3, Municipality must obtain written approval from the County Attorney's Office for Municipality's contract(s) with Contractor and with Consultant prior to utilization of the contracts for the Project (and prior to publication of the solicitation, if the contract is included in the solicitation). In addition to the provisions required to be included in Municipality's contracts with Contractor and with Consultant pursuant to Section 8.1 or Section 10.5, Municipality's contracts must also include the provisions listed in Section 3.5.3 and Section 3.5.4, as applicable, in the form stated in the Form Contracts. Any material modification to any required contractual provision must be approved in advance by the County Attorney's Office; no subsequent material change to the contract(s) for the Project may be made without written approval from the County Attorney's Office. Municipality agrees and acknowledges that County's approval of any contracts with Contractor or Consultant, including without limitation the Form Contracts, is solely for purposes of protecting County's interests; County approval of any such contract does not constitute a legal opinion, including without limitation as to the legal sufficiency of the contract, for use or reliance by Municipality or any third party and shall not be the basis for any claim or liability against County or asserted to avoid any reimbursement or other obligation of Municipality under this Agreement. Municipality shall provide at least twenty (20) days' written notification to the Contract Administrator and the County Attorney's Office prior to award of the contract to Contractor or Consultant, as applicable, which notice must include a copy of the competitive solicitation Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 5 of 61 (or other applicable procurement document) for the Project, the responsive submission by the proposed Contractor or Consultant, the proposed contract amount for the Project, the proposed contract, and the date on which Municipality intends to award the contract. County may disapprove the proposed contract: (a) for failure to comply with any requirement of this Agreement; (b) if the contract price exceeds or is materially inconsistent with the Funding Schedule (absent good cause, as determined by Contract Administrator); or (c) after consultation with Project Manager, for any other good cause as determined in the sole discretion of the Contract Administrator. If County disapproves any proposed contract, County must provide notice of such disapproval within twenty (20) days after receipt of the notice and the documents required pursuant to this section; if not timely disapproved, the proposed contracts shall be deemed approved. 3.5.3. For the contract with Contractor, the following provisions from the Surtax -Funded Projects Form Construction Contract must be included: 3.5.3.1. Contract, Article 3 (Contract Time) 3.5.3.2. Contract, Article 5 (Progress Payments; Retainage) 3.5.3.3. Contract, Article 6 (Acceptance and Final Payment) 3.5.3.4. General Conditions, Article 4 (Performance Bond and Payment Bond) and Article 5 (Qualification of Surety) 3.5.3.5. General Conditions, Article 17 (Project Records and Right to Audit) (see also Section 8.1 herein) 3.5.3.6. General Conditions, Article 33 (Location and Damage to Existing Facilities, Equipment, or Utilities) 3.5.3.7. General Conditions, Article 38 (Change Orders) and Article 39 (Value of Change Order Work) 3.5.3.8. General Conditions, Article 14 (Superintendence and Supervision) 3.5.3.9. General Conditions, Article 20 (Differing Site Conditions) 3.5.3.10. General Conditions, Article 40 (Notification and Claim for Change of Contract Time or Contract Price) 3.5.3.11. General Conditions, Article 41 (No Damages for Delay) 3.5.3.12. General Conditions, Article 42 (Excusable Delay; Compensable; Non- Compensable) 3.5.3.13. General Conditions, Article 53 (Domestic Partnership) 3.5.3.14. General Conditions, Article 54 (Equal Employment Opportunity and CBE/SBE Compliance) 3.5.3.15. Supplemental Wage Requirements (Prevailing Wage Rate Ordinance) 3.5.4. For the contract with Consultant, the following provisions from the Surtax -Funded Projects Form Consultant Contract must be included: 3.5.4.1. Article 4 (Time for Performance; Contractor Damages) 3.5.4.2. Sections 5.3 and 5.4 (Reimbursable Expenses; Method of Billing) 3.5.4.3. Section 7.5 (Truth in Negotiation) Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 6 of 61 3.5.4.4. Section 7.9 (Domestic Partnership Requirement) 3.5.4.5. Article 10 (Equal Employment Opportunity and CBE Compliance) 3.5.4.6. Section 11.4 (Public Records and Trade Secrets) 3.5.4.7. Section 11.5 (Audit Rights) 3.5.4.8. Section 11.8 (Indemnification) 3.5.4.9. Section 11.14 (Drug -Free Workplace) ARTICLE 4. TERM AND TIME OF PERFORMANCE 4.1. Term. The term of this Agreement shall begin on the date it is fully executed by the Parties ("Effective Date") and shall end on May 20, 2024 ("Initial Term"), unless extended pursuant to Section 4.2. 4.2. Extensions. The Parties may renew this Agreement for up to two (2) additional one (1) year terms (each an "Extension Term") by written approval of the Project Manager and the County Administrator at least thirty (30) days prior to the expiration of the then -current term. Any further extension shall require approval by the Board and the governing body of Municipality. 4.3. Fiscal Year. The continuation of this Agreement beyond the end of any County fiscal year (October 1 through September 30) is subject to both the appropriation and the availability of transportation surtax funds in accordance with Chapter 129, Florida Statutes. 4.4. Time of the Essence. Unless expressly waived by the Contract Administrator in writing, time is of the essence in Municipality's performance of its duties, obligations, and responsibilities under this Agreement. ARTICLE 5. FUNDING AND SURETY 5.1. Surtax Funding. County shall provide funding to Municipality for the Project in accordance with the Funding Schedule (Exhibit B). Any amounts, costs, or expenses indicated as ineligible for funding in Exhibit B shall not be funded by County but must instead be funded by Municipality from non -surtax funds. The Parties agree and acknowledge that all funding provided by County to Municipality under this Agreement shall be paid exclusively from and subject to the availability of proceeds from the transportation surtax levied pursuant to Section 212.055(1), Florida Statutes, and County shall not have any obligation to provide, nor shall County provide, any funding from County's general revenue or any other County source. Municipality agrees and stipulates that the funding provided by County to Municipality under this Agreement will be utilized by Municipality only for the purposes permitted under Section 212.055(1), Florida Statutes. 5.2. Method of Billing and Payment. Municipality shall invoice County only in accordance with the Funding Schedule. Any credit due to County under Section 5.6 must be reflected on the next applicable invoice. To be proper, each invoice must comply with the requirements of Exhibit B and be accompanied by a certification by the chief administrative officer and the chief financial Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 7 of 61 officer of Municipality, or such other persons designated by Municipality with authority to act in similar capacities, that all funds received and utilized to date by Municipality under this Agreement were utilized only for the Project, only for the portion(s) of the Project that the Oversight Board and County determined were eligible for surtax funding, and only for purposes that Municipality independently determined were eligible for surtax funding. County shall pay Municipality in accordance with the Funding Schedule within thirty (30) days of receipt of Municipality's proper invoice. Payment shall be made to Municipality at the address designated by Municipality for notices pursuant to Section 11.6. 5.3. Phases; Funding Schedule. The Funding Schedule may provide for funding the Project in phases or by deliverable, with the funding for subsequent phases or deliverables to be determined after completion of prior phases or particular deliverables. Any such later - determined funding for the Project, including any modification to the funding amount(s), phase(s), or deliverable(s) stated in the Funding Schedule, shall require a written amendment to this Agreement with an amended Funding Schedule attached thereto setting forth the next phase(s) or deliverable(s) and applicable funding for same. All terms and conditions of this Agreement shall apply to any such amended Funding Schedule. The County Administrator, on behalf of County, and the Municipality's City Manager, on behalf of Municipality, are authorized to execute amendments to this Agreement to incorporate an amended Funding Schedule, provided the total of all funding obligations of County under this Agreement does not exceed the total Maximum Funding Amount. Any amended Funding Schedule or other amendment that would cause County's total funding obligations under this Agreement to exceed the Maximum Funding Amount shall not be effective unless approved by the Board. 5.4. Maximum Funding. Municipality acknowledges that the Maximum Funding Amount set forth below is the maximum amount payable by County and constitutes a limitation upon County's obligation to provide funding to Municipality for the Project. Municipality further acknowledges that subtotal amounts set forth below for the applicable phases and in the Funding Schedule (including as amended) are the maximum amounts payable for the applicable portions of the Project, and constitute limitations on County's obligation to provide funding to Municipality for the Project. Description Not -To -Exceed Amounts Phase 1: Construction (including 5% contingency) $445,817.00 MAXIMUM FUNDING AMOUNT: $445,817.00 In no event shall County be liable to provide funding to Municipality in excess of the applicable amounts stated in the Funding Schedule or the Maximum Funding Amount, regardless of the basis for any claim or the basis for increased cost, including, without limitation, differing site conditions, delays, weather, or any other reason. If the actual costs of the Project exceed the amount County is obligated to fund per the Funding Schedule, as same may be amended pursuant to this Agreement, Municipality shall be solely responsible for funding any and all such additional amounts. Municipality is solely responsible for any and all costs to operate, support, Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 8 of 61 and maintain the Project unless otherwise agreed in writing by the Parties; County has no obligation to fund any costs related to the Project except as expressly stated in this Agreement. 5.5. Adiustments for Corridor Projects; Funding Withholding; Other Delayed Funding. 5.5.1. In order to avoid duplicative construction and unnecessary disruption of the local transportation network and community, the Parties shall cooperate in good faith to coordinate the timing of the Project with other projects that affect the same or nearby transportation elements, including, without limitation, other Surtax -Funded Projects and other County or State roadway projects (collectively, "Corridor Projects"). The Contract Administrator shall provide prompt notice to Municipality if County determines that the timing of the Project requires adjustment due to a Corridor Project. Upon receipt of such a notice, Municipality shall use best efforts to suspend any additional work on the Project pending an agreed adjustment to the Project Schedule, and the Parties shall cooperate to mutually approve an adjusted Funding Schedule (adjusted only as to timing, absent good cause as determined by Contract Administrator) and Project Schedule. County may withhold any otherwise scheduled funding until such adjustments are mutually approved by the Parties. To the extent some or all of the Project costs are modified as a direct result of a timing adjustment to accommodate a Corridor Project, such modified costs shall be addressed in an amendment to the Funding Schedule and, if necessary, an amendment to this Agreement. 5.5.2. If commencement or completion of a phase of the Project is delayed beyond its scheduled date by more than one (1) year, or work suspended for more than one (1) year, the Funding Schedule may be unilaterally adjusted as to timing (but not amount) by written notice issued by the Contract Administrator, after consultation with Municipality, to reflect the delay; any adjustment to the amount of funding for any phase in connection with the delay shall require an amended Funding Schedule in accordance with Section 5.3. 5.6. Overpayments; Refunds. Any funding provided by County under this Agreement for a Phase that exceeds the actual amounts expended by Municipality in accordance with this Agreement for that Phase shall be credited against the next invoice to County or refunded to County, as elected by County. Any funding provided by County under this Agreement that exceeds actual amounts paid by Municipality for the Project shall be promptly refunded to County upon Municipality's discovery of an overpayment, County's request for refund, or sixty (60) days after completion of the Project, whichever occurs first. For purposes of this calculation, any interest expense(s) incurred by Municipality are not an allowable cost. Any refunds, credits, liquidated damages, insurance proceeds (after payment of any applicable deductible), claim or litigation proceeds (after payment of attorneys' fees and costs), or other amounts received by or credited to Municipality by or on behalf of Contractor, Consultant, or any Subcontractor (collectively, "Proceeds") shall be either credited against future funding due from County under this Agreement or paid by Municipality to County within thirty (30) days after its receipt of the Proceeds, as elected by County. The total Proceeds amount credited or refunded Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 9 of 61 to County shall not exceed the total funding provided by County under this Agreement. Municipality shall promptly notify County of any amount of Proceeds received by or credited to Municipality, and of any claims filed or asserted relating to the Project. For unresolved claims or litigation, the Parties shall cooperate to ensure any Proceeds are first credited or repaid to the benefit of County before any other allocation. 5.7. Separate Accounting. Municipality shall deposit and maintain all funding received from any source for the Project in a segregated fund or account, which shall be subject to audit pursuant to Article 8. Any interest earned by Municipality on any funds provided under this Agreement shall be credited against the funding otherwise due from County under this Agreement and must be utilized by Municipality solely in accordance with the terms of this Agreement. Upon prior written approval by the Contract Administrator, Municipality may utilize other methods of separate accounting for the Project funds provided the accounting method permits a full and complete audit of the funds as required by Article 8. 5.8. Withholding by County. Notwithstanding any provision of this Agreement to the contrary, County may withhold, in whole or in part, payment to the extent necessary to ensure utilization of the funds in accordance with this Agreement, applicable law, and the Board -approved transportation surtax program. Failure of Municipality or the Project to comply with the Reporting Requirements or the Performance Metrics may also be a basis to withhold or limit future funding for the Project, as determined in the reasonable discretion of the Contract Administrator. The amount withheld shall not be subject to payment of interest by County. Upon written notice by County and except as expressly stated otherwise herein, payment may be withheld by County for the duration of any failure of Municipality to comply with a term, condition, or requirement of this Agreement; County shall promptly pay the amount withheld to Municipality when Municipality's noncompliance with the applicable terms and conditions of this Agreement is cured to the reasonable satisfaction of Contract Administrator. 5.9. Final Invoice and Reconciliation. Unless otherwise stated in the Funding Schedule or approved by the Contract Administrator, Municipality must submit the final invoice to County no later than one hundred twenty (120) days after the completion of the Project. The final invoice must be accompanied by a complete summary of all expenses incurred and all amounts paid for the Project, all funding, Proceeds, interest, or other amounts received relating to the Project, and any unpaid invoices, amounts still owing, disputed charges, or other unresolved issues relating to the Project that may impact the financial accounting of the Project (collectively, the "Final Reconciliation"). Upon request by the Contract Administrator, Municipality shall provide any backup or additional documentation requested relating to the Final Reconciliation; if County or Municipality identifies any error or omission in the Final Reconciliation, Municipality shall resubmit a corrected final invoice and corrected Final Reconciliation. County shall pay the correct final invoice after review and approval of the Final Reconciliation. ARTICLE 6. TRANSPORTATION SURTAX PROJECT COORDINATION AND PARTICIPATION 6.1. Reporting Requirements. Unless waived in writing by the Contract Administrator, Municipality shall comply with the Reporting Requirements set forth in Exhibit C. In addition, Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 10 of 61 Municipality shall provide written reports to the Contract Administrator consisting of the following information as of the date of the report, with monthly information provided within thirty (30) days after the end of the applicable month, quarterly information provided within forty-five (45) days after the end of the applicable quarter, and annual information provided within one hundred eighty (180) days after the end of the fiscal year: 6.1.1. Quarterly Report on Expenditures: For both total to date and total for the applicable quarter, the total funds received from any funding source for the Project (itemized by funding source) and total funds (by funding source) expended to date for the Project; 6.1.2. Monthly Report on Project Schedule: The updated Project Schedule, summary of progress during the applicable quarter, and any adjustments to the Project Schedule (including all approved adjustments and pending requests for adjustments); 6.1.3. Monthly report on Material Changes or Impacts: All material changes to the Project, the Project Schedule, or any other aspect of the Project that may impact the cost of the Project or the ability of the Project to achieve the intended goals or purposes; and 6.1.4. Annual Audit Reports: On an annual basis, copies of Municipality's most recent annual financial reporting packages, reports, or other information required to be submitted in accordance with Section 215.97, Florida Statutes. A copy of Municipality's most recent single audit complies with this requirement. 6.2. Performance Metrics. Municipality must ensure that the quality, progress, and nature of the Project strictly comply with the Performance Metrics stated in Exhibit C. The Contract Administrator may modify the Performance Metrics for the Project at any time with the written approval of the Project Manager. In addition to the reporting required pursuant to Section 6.1 above, Municipality shall provide written reports to the Contract Administrator on at least an annual basis, no later than ninety (90) days after the end of the fiscal year, documenting the Project's compliance with the applicable Performance Metrics. The Contract Administrator or designee will provide technical assistance and support, as may be reasonably requested by Municipality, and shall make available to Municipality a centralized repository of relevant, available metrics and data. 6.3. Permitting for Surtax -Funded Projects. To decrease public inconvenience and to facilitate the expeditious and efficient completion of Surtax -Funded Projects, for any Surtax -Funded Project that is performed by County and is in whole or in part within the geographical boundaries of Municipality, Municipality shall waive, to the full extent permissible under applicable law, all municipal permitting requirements, except to the extent of any portion of the work performed by County that will be owned, operated, and maintained by Municipality. The waiver shall include, but not be limited to, the requirements of permit application, permit issuance, inspections, and permitting fees. County shall be responsible for ensuring adequate plan review, inspections, and compliance with State and County standards for work in the public right of way. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 11 of 61 County shall waive, to the full extent permissible under applicable law, all County permitting fees for municipal Surtax -Funded Projects. 6.4. Road Closures. Municipality shall institute and comply with a cooperative notification program that ensures County is promptly notified and promptly provided with data reasonably requested by County regarding all municipal roads that are closed for any reason, including but not limited to the Project, other construction, or flooding, in a format prescribed by County. Providing Municipality consistently utilizes the cooperative notification program established by County and promptly cures any nonperformance upon notice by County, nonrecurring or isolated incidents of failure by Municipality to timely notify as required by this Section 6.4 shall not be a basis for withholding or nonpayment of funding by County under this Agreement. 6.5. Branding and Marketing. At County's request, Municipality shall participate in reasonable branding and marketing in the form and content prescribed by County, including, but not limited to, signage prominently acknowledging the surtax funding source of Surtax -Funded Projects, utilizing County -approved wording, logo, or other imagery, which branding and marketing will acknowledge the project contributions of County and Municipality. The costs for all branding and marketing requested by County pursuant to this Section 6.5 shall be fully funded by County. Provided Municipality cures any nonperformance within thirty (30) days after notice by County, nonrecurring or isolated incidents of failure by Municipality to comply with this Section 6.5 shall not be a basis for withholding or nonpayment of funding by County under this Agreement. 6.6. Data Collection and Sharing. To the extent requested by County, Municipality shall ensure the Project includes incorporation and placement of sensors or other devices on municipal roads, rights of way, properties, and assets for County -approved applications for mobility -related data collection purposes, provided such placement shall not unreasonably interfere with the aesthetics or Municipality's use of such roads, rights of way, properties, or assets. The costs for any such incorporation and placement requested by County shall be funded by County. Municipality shall ensure the collection of data includes and is consistent with the scope, type, frequency, quantity, and format requested by County in order to facilitate countywide collection and utilization of transportation data. For the useful life of the Project, to the extent requested by County, Municipality shall provide County any and all access to such data as may be requested by County, including recurring or real-time access or periodic download. Provided Municipality cures any nonperformance within thirty (30) days after notice by County, nonrecurring or isolated incidents of Municipality's failure to comply with this Section 6.6 shall not be a basis for withholding or nonpayment of funding by County under this Agreement. 6.7. Conflict of Interest. 6.7.1. Municipality represents and agrees that it has not contracted, and will not contract during the term of this Agreement, with the MPO for the MPO to perform any of the following services (collectively, the "Contracting Prohibitions"): Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 12 of 61 6.7.1.1. Any design, construction, oversight, or management services relating to any Surtax -Funded Project or any proposed project for which transportation surtax funding is being or will be sought; 6.7.1.2. Any planning, oversight, or reporting services relating to any receipt by Municipality of community shuttle surtax funding; or 6.7.1.3. Any grant writing or grant consultation services in connection with any Surtax -Funded Project (or proposed Surtax -Funded Project). 6.7.2. The foregoing Contracting Prohibitions: 6.7.2.1. Shall not apply to any state- or federally -mandated services provided by the MPO for which services the MPO does not receive any compensation from Municipality beyond Municipality's annual contribution to the MPO; 6.7.2.2. May be waived by the County Administrator in connection with any Surtax -Funded Project for which the County Administrator determines, in his or her sole discretion, that such waiver is in the best interest of Broward County for reasons including, but not limited to, that such waiver would permit the performance of services reasonably necessary to obtain significant state or federal matching funds in connection with any project or proposed project. No such waiver shall be effective unless approved by the County Administrator in writing; and 6.7.2.3. Do not prohibit or in any way impede the ability of Municipality to contract with any entity other than the MPO for transportation planning services whether or not such services are in connection with any Surtax -Funded Project. The Parties agree that any violation of the Contracting Prohibitions will constitute a material breach of this Agreement which, in addition to all other remedies available to County under this Agreement, would permit County to terminate this Agreement, withhold all funds otherwise payable to Municipality under this Agreement, and require Municipality to repay County in full for any funds previously paid by County under this Agreement. 6.8. Sale, Transfer, or Disposal of Surtax -Funded Property. Municipality shall not sell or otherwise transfer or dispose of its title, rights, or interests, or any portion thereof, in real property, facilities, or equipment, funded in any part by County under this Agreement, without prior written approval from County. If a sale, transfer, or disposal occurs in violation of this section, unless otherwise agreed in writing by the Parties, Municipality shall pay County, within ninety (90) days after the sale, transfer, or disposal, an amount equal to the greater of County's Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 13 of 61 share of the fair market value or the straight line depreciated value of the improvements plus land value. "County's share of the fair market value" as used herein means the percentage of surtax funding in the Project multiplied by the best obtainable price for the item, and the resulting product then reduced by reasonable sales costs. If the property has never been used for the intended purpose of the Project, Municipality shall pay the greater of County's share of the fair market value or the entire amount of surtax funding provided for the Project. 6.9. Affirmation of MPO Prioritization and Ranking Process. Municipality acknowledges that the prioritization and ranking process of municipal capital projects for fiscal year 2020 was completed in compliance with all applicable obligations of County and the MPO; and was informed by each project's ability to alleviate traffic congestion and improve connectivity, as well as shovel -readiness, construction work planned in the vicinity of a proposed project, corridor delivery timing, and other existing conditions that allow surtax revenues to be utilized responsibly, efficiently, and with the least interruption to residents and businesses. Municipality hereby waives and releases any and all claims it has or may have that accrued at any time prior to the effective date of this Agreement, which claims, in any way, relate to, result from, or are in connection with the prioritization and ranking process of municipal capital projects for fiscal year 2020 or the County's funding decisions related thereto. Municipality agrees and stipulates that the MPO prioritization and ranking process for fiscal year 2020 was proper and consistent with the applicable interlocal agreements and that the County is not, as of the effective date of this agreement, in breach or default of any provision of any applicable interlocal agreement relating in any way to expenditure of transportation surtax proceeds. ARTICLE 7. INDEMNIFICATION Municipality shall indemnify, hold harmless, and defend County and all of County's current, past, and future officers, agents, servants, and employees (collectively, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any intentional, reckless, or negligent act or omission of Municipality, its officers, employees, agents, or servants, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Municipality shall, upon written notice from County, defend each Indemnified Party against each such Claim by counsel satisfactory to County or, at County's option, pay for an attorney selected by the County Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the County Attorney, any sums due Municipality under this Agreement may be retained by County until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by County. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 14 of 61 ARTICLE 8. AUDITING 8.1. Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of Municipality, Contractor, Consultant, and Subcontractors (the "Audited Entities") that are related to the Project or this Agreement (the "Contract Records"). Audits, reviews, monitoring, inspections, and investigations conducted pursuant to this Agreement may include, but are not limited to, on -site visits by County staff, interviews of staff of any of the Audited Entities, review of performance and financial reports, determining and monitoring appropriate corrective action, and issuing management letters on deficiencies or weaknesses identified. Audited Entities shall fully comply and cooperate with any auditing and monitoring activities deemed appropriate by County. Audited Entities shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement and performance under this Agreement. All such books, records, and accounts shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request by the Contract Administrator to do so, Audited Entities shall make same available in written form at no cost to County. 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, and memoranda, and any and all other documents that pertain to rights, duties, obligations, or performance relating to the Project. 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 documentation, general ledgers, insurance rebates and dividends, and any other records pertaining to rights, duties, obligations, or performance relating to the Project of any of the Audited Entities. Audited Entities shall preserve and make available, at reasonable times within Broward County, Florida, for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to the Project or this Agreement until the later of five (5) years after expiration or termination of this Agreement, resolution of any audit findings, or as otherwise required by law. Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County) or the Oversight Board. The Project and all expenditures relating to the Project shall be subject to the Oversight Board's review, critique, and analysis for the duration of the Project. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment made or based upon such entry. If an audit or inspection in accordance with this section discloses overpricing or overcharges to County of any nature in excess of five percent (5%) of the total contract billings reviewed by County, the reasonable actual cost of County's audit shall be reimbursed to County by Municipality in addition to any required adjustments for the overcharges. Any adjustments or payments due as a result Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 15 of 61 of such audit or inspection shall be made by Municipality to County within thirty (30) days after presentation of County's findings to Municipality. Municipality shall ensure that the requirements of this section are included in all agreements with any other Audited Entity. Municipality shall further include in its contract with Contractor and its contract with Consultant the following provision: "If an audit inspection or examination in accordance with this provision discloses overpricing or overcharges to Municipality (of any nature) by the contractor or the contractor's subcontractors in excess of five percent (5%) of the total contract billings reviewed, the reasonable actual cost of any audit conducted by or on behalf of Municipality, Broward County, or the Independent Transportation Surtax Oversight Board shall be reimbursed by contractor to the Municipality or Broward County, as applicable, along with any required adjustments for the overpricing or overcharges. Any adjustments or payments that must be made as a result of any such audit or inspection of the contractor's invoices or records shall be made within a reasonable amount of time (not to exceed 30 days) after presentation of the audit findings to contractor." 8.2. Performance Audit. The Project, and all funding received, maintained, or expended by Municipality for the Project, shall be subject to audits and reviews by the Oversight Board at its expense (and subject to reimbursement pursuant to this article) for the duration of the Project and continuing until five (5) years after the later of completion of the project, expiration or termination of this Agreement, or resolution of any audit findings. Municipality shall fully cooperate and provide any and all requested Contract Records as may be requested by the Oversight Board. The Project and all funds received, maintained, or expended relating to the Project shall be subject to the Oversight Board's review, critique, and analysis for the duration of the Project. ARTICLE 9. TERMINATION 9.1. This Agreement may be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach within thirty (30) days after receipt of written notice from the aggrieved Party identifying the breach. This Agreement may also be terminated by the Board upon sixty (60) days' prior written notice if the Board determines that the Project cannot be funded with surtax funding under applicable law, including Section 212.055, Florida Statutes. This Agreement may be immediately terminated by written notice by the County Administrator if the transportation surtax is determined by a court of competent jurisdiction to be invalid, void, or illegal. 9.2. This Agreement may be terminated for cause by County for reasons including, but not limited to, any of the following: 9.2.1. Inability of Municipality, including through Contractor or Consultant, to perform or complete the Project in compliance with this Agreement, including the Project Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 16 of 61 Schedule (including any extensions approved by Contract Administrator, approval of which shall not be unreasonably withheld); 9.2.2. Repeated submission (whether negligent or intentional) for payment of false or incorrect invoices; 9.2.3. Fraud, misrepresentation, or material misstatement in the performance of this Agreement or the Project by Municipality, Contractor, or Consultant; 9.2.4. Contractor's or Consultant's act or omission that violates any applicable requirement of Section 1-81, Broward County Code of Ordinances; or 9.2.5. Utilization of the funding provided by County under this Agreement in a manner that violates applicable law or for uses or purposes that are not permitted uses for transportation surtax funds under Section 212.055, Florida Statutes. 9.3. Notice of termination shall be provided in accordance with the "Notices" section of this Agreement. 9.4. If this Agreement is terminated by County, Municipality shall be paid from proceeds of the surtax levied pursuant to Section 212.055, Florida Statutes, if funding is available, for any work on the Project properly performed through the termination date specified in the written notice of termination, subject to any right of County to retain any sums otherwise due and payable. 9.5. In addition to any right of termination stated in this Agreement, County and Municipality shall be entitled to seek any and all available remedies, whether stated in this Agreement or otherwise available at law or in equity, all such remedies being cumulative. 9.6. Municipality may terminate this Agreement upon thirty (30) days' prior written notice to County if Municipality determines not to proceed with the Project and either (a) the written notice of termination is provided prior to Municipality's receipt of any funding from County under this Agreement, or (b) prior to the effective date of termination, Municipality returns all funding received from County under this Agreement, including any interest earned by Municipality on any funds provided by County under this Agreement. ARTICLE 10. EQUAL EMPLOYMENT OPPORTUNITY AND CBE COMPLIANCE 10.1. 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. Municipality shall include the foregoing or similar language in its contracts with Contractor and Consultant, and shall require inclusion of the foregoing or similar language in their contracts with Subcontractors, 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. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 17 of 61 10.2. Unless otherwise approved in advance in writing by County's Director of Office of Economic and Small Business Development ("OESBD"), Municipality shall comply with all applicable requirements of the County Business Opportunity Act, Section 1-81, et seq., Broward County Code of Ordinances, in the award and administration of any contract or agreement regarding the Project. Failure by Municipality to carry out any of the requirements of this article shall constitute a material breach of this Agreement, which shall permit County 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. 10.3. Unless otherwise approved in advance in writing by County's Director of OESBD, Municipality will meet the required CBE goal for the Project by utilizing (or requiring the utilization of) CBE firms for at least thirty percent (30%) of total Project costs, except that no CBE commitment shall apply to agreements that are subject to other participation goals (e.g., federal DBE program or SBE reserves), agreements that are expressly exempt from the County's Procurement Code, agreements that are otherwise ineligible by state or federal law, and agreements to which goals are not assigned by the County (e.g., sole source, sole brand, and emergency agreements) (the "Commitment"). 10.4. Each CBE firm utilized to meet the Commitment must be certified by OESBD. Municipality shall inform County immediately when a CBE firm is not able to perform or if Municipality believes the CBE firm should be replaced for any other reason, so that OESBD may review and verify the good faith efforts of Municipality to substitute the CBE firm with another CBE firm, as applicable. Whenever a CBE firm is terminated for any reason, Municipality shall provide written notice to OESBD and, upon written approval of the Director of OESBD, shall substitute another CBE firm in order to meet the CBE goal, unless otherwise provided in this Agreement or agreed in writing by the Parties. Such substitution shall not be required if the termination results from modification of the Project and no CBE firm is available to perform the modified Project; in which event, Municipality shall notify County, and OESBD may adjust the Commitment by written notice to Municipality. Municipality shall not terminate a CBE firm for convenience without County's prior written consent, which consent shall not be unreasonably withheld. 10.5. Municipality shall include the following provision in its contract with Contractor: "The parties stipulate that if Contractor fails to meet the CBE utilization obligation in the Interlocal Agreement between Municipality and Broward County (the "Commitment"), the damages to Broward County and Municipality arising from such failure are not readily ascertainable at the time of contracting. If Contractor fails to meet the Commitment and Broward County determines, in the sole discretion of the OESBD Program Director, that Contractor failed to make Good Faith Efforts (as defined in Section 1-81, Broward County Code of Ordinances) to meet the Commitment, Contractor shall pay Municipality liquidated damages in an amount equal to fifty percent (50%) of the actual dollar amount by which Contractor failed to achieve the Commitment, up to a maximum amount of ten percent (10%) of the total contract amount excluding costs and reimbursable expenses. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 18 of 61 An example of this calculation is stated in Section 1-81.7, Broward County Code of Ordinances. As elected by Broward County, such liquidated damages amount shall be either credited against any amounts due Contractor from Municipality, or must be paid by Municipality to Broward County within thirty (30) days after written demand by Broward County. Any failure to meet the Commitment attributable solely to force majeure, changes to the Project, or inability to substitute a CBE Subcontractor where the OESBD Program Director has determined that such inability is due to no fault of Contractor, shall not be deemed a failure by Contractor to meet the Commitment." 10.6. Municipality shall require Contractor and Consultant to provide written monthly reports to the Municipality and the Contract Administrator no later than ten (10) business days after the end of the month regarding Contractor's and Consultant's compliance with the Commitment stated in this article. In addition, Municipality shall require Contractor and Consultant to allow County to engage in onsite reviews to monitor Contractor's and Consultant's progress in achieving the Commitment and maintaining the applicable contractual and CBE obligations. ARTICLE 11. MISCELLANEOUS 11.1. Contract Administrator Authority; Dispute Resolution; Escalation. The Contract Administrator is authorized to coordinate and communicate with Municipality to manage and supervise the performance of this Agreement. Any determination by the Contract Administrator that this Agreement authorizes the Contract Administrator to make shall be binding on the Parties. Unless expressly stated otherwise in this Agreement or otherwise set forth in an applicable provision of the Broward County Procurement Code, Broward County Code of Ordinances, or Broward County Administrative Code, the Contract Administrator may exercise any ministerial authority in connection with the day-to-day management of this Agreement. In the event of a dispute regarding the performance of this Agreement, both Parties stipulate and agree to expedited dispute resolution procedures as follows: if either Party provides notice of a dispute that the respective staff have failed to resolve despite diligent good faith efforts, the Contract Administrator and the Project Manager (or other appropriate representative(s) designated by County or Municipality, respectively) shall meet in person or via videoconference within ten (10) business days and attempt in good faith to resolve the dispute and report potential resolutions to their respective governing bodies for consideration; if either Party thereafter provides written notice of impasse, the Mayors or Vice -Mayors of the County and Municipality shall meet in person or via videoconference within ten (10) business days and attempt in good faith to resolve the dispute and report potential resolutions to their respective governing bodies for consideration; any resolution must be approved by the governing bodies of both Parties to be effective. If either Party thereafter provides written notice of impasse, either Party may proceed to seek any available judicial remedies and the Parties agree and stipulate that the requirements of Chapter 164 shall be deemed fully met and both Parties waive and agree not to assert any defense based upon failure to fully comply with the intergovernmental dispute resolution proceedings otherwise required under Chapter 164. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 19 of 61 11.2. Public Records. The Parties agree and stipulate that both Parties are subject to Florida public records laws and shall fully comply with same. At the request of County, Municipality shall, in accordance with applicable law, respond to any request for public records received by County relating to the Project. Any other public records request shall be responded to by the receiving party. Each Party shall cooperate upon request by the other Party and provide any requested records to enable the Party to respond to a public records request. Any material submitted to County that Municipality, Contractor, or 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, Municipality, Contractor, or Consultant, as applicable, 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 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by Municipality, Contractor, or Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Municipality, Contractor, or Consultant, as applicable. Municipality shall indemnify and defend, and shall require Contractor and Consultant to indemnify and defend, County 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 public records request by a third party. 11.3. Independent Contractor. Nothing in this Agreement constitutes or creates a partnership, joint venture, or any other relationship between the Parties or any Party and Contractor, Consultant, or any Subcontractor. Neither Party nor its agents shall act as officers, employees, or agents of the other Party. Neither Party shall have the right to bind the other Party to any obligation not expressly undertaken by that Party under this Agreement. 11.4. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by County or Municipality, nor shall anything included herein be construed as consent by County or Municipality to be sued by third parties in any matter arising out of this Agreement. County and Municipality are subdivisions of the State of Florida, as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of their respective employees pursuant to Section 768.28, Florida Statutes. 11.5. Third -Party Beneficiaries. Neither Municipality nor County intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. Municipal Interloca) Agreement for Surtax -Funded Transportation Projects Page 20 of 61 11.6. Notices. In order for a notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). The addresses for notice shall remain as set forth in this section unless and until changed by providing notice of such change in accordance with the provisions of this section. FOR COUNTY: Broward County Administrator Attn: Monica Cepero 115 South Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 Email address: mcepero@broward.org With a copy to: Broward County Attorney's Office: Attn: Angela J. Wallace 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 Email address: ajwallace@broward.org FOR MUNICIPALITY: City of Tamarac Attn: City Manager, Kathleen Gunn 7525 NW 881h Ave Tamarac, FL 33321 Telephone: (954) 597-3510 Email address: Kathleen.Gunn@tamarac.org With a copy to: City of Tamarac City Attorney Attn: John R. Herin Fox Rothschild LLP 2 South Biscayne Boulevard, Suite 2750 Miami, Florida 33131 Telephone: (305) 442-6544 Email address: JHerin@foxrothschild.com 11.7. Assignment. Neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Municipality without the prior written consent of County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit County to immediately terminate this Agreement, in addition to any other remedies available to County at law or in equity, all such remedies being cumulative. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 21 of 61 11.8. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arms -length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term of this Agreement. County's or Municipality's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 11.9. Compliance with Laws. Municipality and the Project must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 11.10. Representation of Authority. The Parties represent and warrant that this Agreement constitutes the legal, valid, binding, and enforceable obligation of each Party, that execution of this Agreement is within each Party's legal powers, and that each individual executing this Agreement is duly authorized by all necessary and appropriate action to do so on behalf of that Party and does so with full legal authority. 11.11. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 11.12. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. 11.13. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. 11.14. Priority of Provisions. Unless otherwise expressly stated in this Agreement, if there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision of Articles 1 through 11 of this Agreement, the provisions contained in Articles 1 through 11 shall prevail and be given effect. In the event of a conflict between this Agreement Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 22 of 61 and the Transportation System Surtax Interlocal Agreement, executed by County on August 29, 2018, as amended, the provisions of this Agreement shall prevail and be given effect. 11.15. Law_ , Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, EACH OF MUNICIPALITY AND COUNTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 11.16. Amendments. No modification, amendment, or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by duly authorized representatives of County and Municipality. 11.17. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter and supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. 11.18. Payable Interest 11.18.1. Payment of Interest. County shall not be liable to pay any interest to Municipality for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Municipality waives, rejects, disclaims, and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim arising from, related to, or in connection with this Agreement. This subsection shall not apply to any claim for interest, including for post -judgment interest, if such application would be contrary to applicable law. 11.18.2. Rate of Interest. If the preceding subsection is inapplicable or is determined to be invalid or unenforceable by a court of competent jurisdiction, the annual rate of interest payable by County under this Agreement, whether as prejudgment interest or for any other purpose, shall be, to the full extent permissible under applicable law, one quarter of one percent (0.25%) simple interest (uncompounded). 11.19. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The attached exhibits are incorporated into and made a part of this Agreement. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 23 of 61 11.20. Prevailing Wage Requirement. If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, Municipality as a result of this Agreement, Section 26-5, Broward County Code of Ordinances, as amended from time to time, shall be deemed to apply to such construction work. Municipality shall ensure Contractor fully complies with the requirements of such ordinance and satisfies, complies with, and completes the required forms as set forth in the Surtax -Funded Projects Form Construction Contract or such other contract as is approved pursuant to this Agreement. 11.21. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 11.22. Living Wage Requirement. To the extent Contractor 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, Municipality shall include in its written agreement with Contractor that Contractor 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 Contractor shall ensure all of its Subcontractors that qualify as "covered employers" fully comply with the requirements of such ordinance. 11.23. Workforce Investment Program. Municipality acknowledges the Broward Workforce Investment Program, Section 19.211, Broward County Administrative Code ("Workforce Investment Program"). Municipality shall include in its contract with Contractor the requirements of the Workforce Investment Program and Contractor's agreement to use good faith efforts to meet the First Source Referral Goal and the Qualifying New Hires Goal as set forth in the Workforce Investment Program, including by (a) publicly advertising exclusively with CareerSource Broward for at least five (5) business days any vacancies that are the direct result of this Agreement (whether those vacancies are with Municipality or its Subcontractors) and using good faith efforts to interview any qualified candidates referred under the Workforce Investment Program, and (b) using good faith efforts to hire Qualifying New Hires, as defined by the Workforce Investment Program, for at least fifty percent (50%) of the vacancies that are the direct result of this Agreement. 11.24. Survivability. Notwithstanding any expiration or termination of this Agreement, the following provisions shall survive expiration and termination: Section 3.2 (Municipal Responsibility for the Project); Section 5.6 (Overpayments; Refunds); Article 6 (Transportation Surtax Project Coordination and Participation); Article 7 (Indemnification); Article 8 (Auditing); Section 11.2 (Public Records); Section 11.15 (Law, Jurisdiction, Venue, Waiver of Jury Trial); and Section 11.18 (Payable Interest). 11.25. Approvals. To be effective, any approval under this Agreement made by or on behalf of the County, County Administrator, Contract Administrator, Project Manager, or other representative of either Party must be in writing. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 24 of 61 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the 25th day of August, 2020, Agenda Item No. 86, and Municipality, signing by and through its City Manager duly authorized to execute same. I I111 U++/1/ 0 M•M 1,9 S10��`'• - A, 2 r CREATED ; in OCT 1st o; �- U o� 1915 0� WJB/AJW Municipal Interlocal AgreementTAMA-014 9/1/22 #22-114.00 COUNTY BROWARD COUNTY, b and through its County Adminis r By `- County Ad nistrator day of 1C 2022 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 William Dlgltally signed by Wiliam Bucciero Bucci2ro Date: 2022.0912105350 By "001 William J. Bucciero (Date) Assistant County Attorne Angela J. of signed byArpMaJ. waMoa gyWallace -01Wo22_UD.26,,42:02 Angela J. Wallace (Date) Transportation Surtax General Counsel Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 2S of 61 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAL/TAMA-014 �OF•�T 4t�, , ATTEST: ��`�� '' A,, y; n Kimberly Dbibil 96 ; Q City of Tare City�C006 MUNICIPALITY CITY QF TAMARAC By: ,KZthleen Gunn, City Manager day ofS 1 ",�q'�22'022 I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: John rn Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 26 of 61 EXHIBIT A Project Description and Project Schedule 1. Project Description: As further detailed in the Scope of Work attached hereto as Exhibit A-1, this Project includes the following: The project consists of constructing a complete Pre-Emption Emergency Vehicle Signal System for the City of Tamarac's Fire Station No. 15, located at 6000 Hiatus Road, Tamarac, Florida, 33321 in accordance with the project design plans and specifications. The work shall include, but not limited to, verification of existing utilities and drainage facilities, clearing and grubbing, concrete removal, concrete curbing, concrete sidewalk and driveway restoration, the construction of substructures that will support mast arms, complete mast arm and signal systems, installation of new pavement markings and signage, trenching, directional boring, electrical conduit and component installation - both to the interior and exterior of the fire station, earthwork, landscaping and sod restoration. The following items are not eligible for transportation surtax funding: - Decorative lighting and road signage, brick pavers, and similar items. - Landscaping improvements that are not within the public right of way. - Utility system adjustments. - A shared conduit that includes use for any purpose other than the County's public transportation system. - Increases to the stormwater system to accommodate a drainage area greater than the eligible size; and improvements to address runoff from private roads and/or developments. Improvements to a public road stormwater system that address drainage deficiencies are eligible for transportation surtax funding, provided the drainage improvements only address stormwater runoff from a public roadway. A drainage analysis is required for drainage work and may include the width of the road right-of-way plus up to ten (10) feet on each side of the right-of-way to calculate the eligible size of the stormwater system. All costs associated with work ineligible for surtax funding must be adequately and separately itemized and paid by Municipality with non -transportation surtax funds. 2. Deliverables: Municipality shall provide quantifiable, measurable, and verifiable units of Deliverables as set forth Municipal Interloca) Agreement for Surtax -Funded Transportation Projects Page 27 of 61 below. Each Deliverable must specify the required minimum level of work to be performed and the criteria for evaluating successful completion of the Deliverable. DELIVERABLES: Phase -Construction No. Description Duration/Deadline Acceptance Criteria 1 Execution of ILA between County September 23, 2022 ILA executed by City and City and City of Tamarac government signed resolution. Project Construction Advertising Execution of Construction 2 Bid, Award, Construction Contract January 11, 2023 Agreement. Execution 3 Notice to Proceed and February 10, 2023 NTP Issued by City, Required Commencement of Contract Permits pulled by Contractor. 4 Permitting; Clearing, Grubbing August 29, 2023 FDOT Standards/Specs, and Site Preparation; Broward County Traffic Mobilization; and Engineering Division (BCTED); Commencement of Work; Mast PMO progress reports subject Arm Signal Poles and Controller to review and approval by Cabinet Procurement County. 5 Cast in Place Foundation August 29, 2023 FDOT Standards/Specs, Installation and Inspection Broward County Traffic Engineering Division (BCTED); PMO progress reports subject to review and approval by County. 6 Proposed Construction of December 7, 2023 FDOT Standards/Specs, complete signalization (also Broward County Traffic includes FPL power service Engineering Division (BCTED); installation, and any down time PMO progress reports subject related to periods of inactivity to review and approval by waiting on signal mast arm poles County. to be delivered). 7 Substantial Completion January 6, 2024 Certificate of Occupancy (CO) or Temporary Certificate of Occupancy (TCO) issued or certification in writing by City's Consultant or Contract Administrator that Substantial Completion is achieved. Conditions of Permits and regulatory agencies satisfied. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 28 of 61 8 Final Completion Project is certified, February 20, 2024 Consultant/Engineer/PM's Notice of Acceptability presented to City, and Final Payment Issued. 3. Project Schedule: Description Estimated Date for Completion County and City execution of Project Specific ILA September 23, 2022 Bid Advertisement, Award, Construction Contract Execution January 11, 2023 Notice to Proceed (NTP) and Commencement of Contract February 10, 2023 August 29, 2023 Permitting; Clearing, Grubbing and Site Preparation; Mobilization; and Commencement of Work; Mast Arm Signal Poles and Controller Cabinet Procurement Cast in Place Foundation Installation and Inspection August 29, 2023 Proposed Construction of complete signalization (also includes FPL December 7, 2023 power service installation, and any down time related to periods of inactivity waiting on signal mast arm poles to be delivered). Substantial Completion January 6, 2024 Final Project Completion February 20, 2024 Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 29 of 61 EXHIBIT A-1 (Attachment 1 to Exhibit A) Scope of Work Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 30 of 61 a- Orl it jg T T m� ~ z it is zz a o y T m C 'Arm o N o m m T a In c T mA Inul g4 33Ea 4 1 3. ',Ra ""a$o3� Z y a 2 3 bog'n„?n In y a i a i o o �1 Z m A 'Dn 10 o v N lD rn m mo I:Fj t,tit;i!I`Fr R; FI �I �j �I � rl I rl O m ' ► �' I ►' I Ff ► I I I I j I�r;IPlllPr' � r�l �r�IlPfll, rl;lrl'I, fl; '�r'ryT�l_tf-r�ljr i�r-;�•rri!r i i�fF��1►�FIIr,IFI � D � ran � on F rlFl��l•I ��I�I i ��� Pj!IP�!j�i!IP O Z 3 �=a �ILkl rlilr'i rli � >zoo - �up!P!nml L.S. ------------- - - n = D p CC n O D P�_--4 I r� Z r8r3 �D w D �ytow, O OC-) M `! SSSC000 Z n,nrq o+ f ' i :f R m D 2 o n" t 2 3 _ 2 y m '� !^ o 'o '�HI�g2a o Aa 3 - O oz z wumiz .. 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'•.OL' pa k �y g �?` � rn q ° m -Aoi 1ci,z m`�" �z mv°'I�i�v°', m `�^o m" VI A°mAm 2 nm n n i � C�I•T i•+1,. � ">: �� mti O g <i 'f ° z 22 m c_ry-IlnOnx -I -I \r � 0� om A z m � b_ oz tiA mxio�nm m 11111'W" O 2 ymj° Ap 3Ob z t mo. m m � r C m >o g °nnzmA czi b m? $ m nm Ey T ~o to c m N A On � mm A m rn w R Cn n Z� b O ��m11 y o T F x Z y z y fll m m g � Q � n o m ° z g T N G O V i N (FJ V _ = O A fTl � 8 m o a THE OFFICIAL RECORD OF THIS SHEET 15 THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-13.004, F.AC. Municipal Interlocal Agreement for Surtax Funded Transportation Projects Page 44 of 61 a� qm Cl� y . �� .. D I~ 0 C Z .•�� ti r -- :�O A � rEF �•••........: ��0,: A C CO nz y y m r �rn �3 J mho nO v_ d�3 � � D m =3� mc) Q � � 0 c a m "��unuugp I =D:A ICJ S-y�D�NyN �O�r<S9i��D AyN co �2y�y Ty yo O O O C C m O O O O m G O O O1 N ( rt \ y N \ W \\\ N a' \\\ cn x K \ y N m N o� �m �m D oo0 3 -n � � . 0 ZX w d m A N � �C !n0co O O) y N sum �� a m9N °mygmy F n c a= a 3 N O ?'o = = � N II1 Gt N �n-NimCmT��gc mar gc%ny Qimm I1pm1 �n A� ° a ? rpmOSm ANN (gjZN o�t Q o aayy o Lo OAy 1 fp '3° m Vl O O O C m m° C C Ulm � o m gms \\\\, o 7- = m 1 —1 �'nFo� y R -, m y N3 j dwv.�� m� m �- o o =o m Q a-o Vl0o>> ID! m 03oc 1 5.0 y d T m C N m d y 'O ID fA a CDit �v3mdN mm C p C < m m D m 3 Q L- o m �y c C 03f0 m m 1 d 0d d.cy..�_�� o y N EXHIBIT B Funding Schedule Funding Amounts: The amounts stated in this Funding Schedule are the maximum amounts payable for the Phase(s) stated, and shall be invoiced and paid only in accordance with the remainder of this Funding Schedule (as may be amended from time to time) and the terms and conditions of the Agreement. In the event of a conflict between anything stated in this Funding Schedule and anything stated elsewhere in the Agreement, the provisions stated in Articles 1 through 11 of the Agreement shall govern and control. Invoicing/Application for Funding Documentation: Municipality shall submit the following with each invoice or Application for Funding (as defined below): an updated progress schedule; documentation of all invoices received from or payments made to Contractor or Consultant for which funding is sought; a statement indicating the cumulative amount of CBE participation to date; and a certification that all funding amounts sought are statutorily eligible for funding under Section 212.055, Florida Statutes. Additional Invoicing Requirements: If checked, the checked requirements apply to all invoices/Applications for Funding under this Agreement: ❑ For CEI Consultants: All costs invoiced shall be supported by properly certified payrolls, time records, invoices, contracts, or vouchers evidencing in appropriate detail the amounts invoiced/expended and the nature and purpose of such amounts. 0 For Construction Contractor: Pay Application documents consistent with AIA Document G702 and G703 0 Municipality shall provide sufficient documentation of personnel costs for employees providing Construction Engineering Inspection Services for the Project. Such documentation shall identify the employee providing the services or their position, the nature of the services performed, the hours of services performed, and the employee's applicable hourly billing rate which shall not exceed the rates provided in the Maximum Billing Rate Schedule attached hereto as Exhibit B-1. Funding Parameters: The checked expenses are ineligible for funding under this Agreement: 0 Costs incurred by Municipality prior to the execution of this Agreement ❑x Costs incurred after the expiration of this Agreement 0 Costs that are not expressly permitted in Exhibit A, B, or B-1 0 Amounts that Contractor, Consultant, or Subcontractors are contractually responsible to pay, credit, or reimburse to Municipality or County (e.g., liquidated damages for not meeting the Project Schedule, audit costs, etc.) 0 Amounts attributable to good or services received under a contract or other arrangement that was not approved by County 0 Audit costs incurred by Municipality 0 Legal and accounting fees and expenses 0 Costs for operation, support, or maintenance of the Project Municipal Interloca) Agreement for Surtax -Funded Transportation Projects Page 47 of 61 0 Interest expenses incurred by Municipality ❑ Municipality's staff or other personnel costs in directly performing the Project Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 48 of 61 Exhibit B-1(Attachment 1 to Exhibit B) Municipality's Employee Maximum Billing Rates Surtax Project No: TAMA-014 Surtax Project Title: Fire Station 15 Emergency Vehicle Preemption Services: Construction Management, Engineering, and Inspection (CEI) EMPLOYEE MAXIMUM BILLING RATE ($/HR) Christopher Lyle/Project Manager(primary) $40.06 Alan Lam/Project Engineer $60.15 ibb Machuca/Pro'ect Manager $46.70 ariel Khan/EngineeringKhan/Engineering Service Coordinator $20.49 John Doherty/Assistant Director of Public Services $77.57 $0.00 $0.00 $0.00 $0.00 $0.00 Surtax Funding Restrictions: Municipality's payroll costs payable with surtax funds are limited to the employee's time spent on the performance of eligible services approved by County for the Surtax Project. Payroll costs/invoices must identify the employee or their position/title, the applicable hourly billing rate, the nature of the services performed, and hours of services performed. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 49 of 61 Advance Payment of Maximum Not -to -Exceed Amount (Quarterly Draws in Advance of Expenditures for projects over $250,000) Municipality shall invoice County for up to a quarter of the applicable Total Maximum Not -To - Exceed Amount specified below in advance of the applicable Deliverable or Phase ("Application for Funding"). The first Application for Funding shall be submitted to the Contract Administrator no later than thirty (30) days after the full execution of this Agreement. Municipality shall submit no more than four separate Applications for Funding per funding schedule provided below. Each quarter will be funded in advance by County per the schedule(s) stated below, with each funding amount determined by the Maximum Not -to -Exceed Amount for the applicable Deliverable less any unexpended funding for prior Deliverables. Unexpended funds for prior Deliverables shall be deducted from subsequent Applications for Funding or refunded to County, as requested by the Contract Administrator. Each Application for Funding (after the first) shall include the information required in the Agreement including the following information for the prior Deliverables (as applicable): the amount of funding received and evidence of actual expenditures (including documentation demonstrating all invoices received from and payments made to Consultant); a statement indicating the cumulative amount of CBE participation; an updated progress schedule; and all required certifications including that all Deliverables sought are statutorily eligible for funding under Section 212.055, Florida Statutes. Absent prior written approval by the Contract Administrator, Municipality may not submit an Application for Funding for a Deliverable until all prior Deliverables have been satisfactorily completed. Deliverable/Phase Description Maximum Not - To -Exceed Amount Deliverables 1-3: Bidding; Contract Award and Executed Construction $111,454.25 Agreement; Notice to Proceed Issued; and Commencement of Contract Deliverable 4-6: Permitting; Clearing, Grubbing and Site Preparation; Mobilization; and Commencement of Work; Mast Arm Signal Poles and $111,454.25 Controller Cabinet Procurement; Cast in Place Foundation Installation and Inspection; Proposed Construction of complete signalization (also includes FPS power service installation, and any down time related to periods of inactivity waiting on signal mast arm poles to be delivered); Deliverables 7: Substantial Completion $111,454.25 Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 50 of 61 Deliverables 8: Final Project Completion $111,454.25 TOTAL MAXIMUM NOT -TO -EXCEED AMOUNT: $445,817.00 Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 51 of 61 EXHIBIT C Reporting Requirements Municipality shall submit to County and the Oversight Board, on a quarterly and annual basis, a detailed Financial Report that includes the information contained in the attached Sample Financial Report. Municipality shall submit to County on a monthly basis a detailed report of the Project Metrics and progress towards applicable goals in a form prescribed by County (see attached MAP PMO Project Report Status Template). The reports must include sufficient information to enable County's Program Management Office ("PMO") to track and document on a monthly basis: • Key activities and Project milestones since the previous report; • Expected activities/milestones to be completed before the next report; • If applicable, key issues/challenges the Project faces and the plan to resolve or manage the issues/challenges; and • Overall status of the Project. Municipality's annual financial report for the Project must be audited and certified by an independent CPA, at Municipality's expense, with an opinion as to whether the financial information in the report is presented in accordance with Generally Accepted Accounting Principles and whether the Project is in accordance with the operative interlocal agreements for surtax funding. The audit shall contain sufficient information for County and the Oversight Board to determine if the Project expenditures conform to this Agreement and applicable law. The annual financial report must also include cumulative financial information for each individual Surtax -Funded Project undertaken by Municipality. The annual financial report must include appropriate footnote disclosures in support of the financial information items presented, including disclosure of any issue of noncompliance with this Agreement or applicable law. Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 52 of 61 Sample Financial Report Project Name: Quarterly Period: Section A: Total/Maximum Proiect Fundine 1. Surtax Maximum Funding Amount (per Section 5.4) $ 2. Non -Surtax Funding Awarded/Committed $ 3. Total Project Funding (Total lines 1 + 2) $ 4. Less Proceeds (as defined in Section 5.6) ($ ) 5 Adjusted Project Funding (Line 3 minus Line 4) $ Section B: Funding Received to Date Quarter Reported Fiscal Year to Date Total 6. Surtax Funding Received $ $ $ 7. Non -Surtax Funding Received $ $ $ 8. Total Project Funding Received (Total lines 6 + 7) $ $ $ Section C: Expenditures to Date Quarter Reported Fiscal Year to date Total 9. Surtax Funding Expended $ $ $ 10. Non -Surtax Funding Expended $ $ $ 11. Total Project Funding Expended (Total lines 9 + 10) $ $ $ Section D: Available Fundine to Date 12. Adjusted Project Funding (Line 5 above) $ 13. Total Project Funding Expended to Date (Line 11 above) $ 14. Available Project Funding to date (Line 12 minus line 13) $ Section E: Contract Financials (complete for each of Contractor and Consultant) Original Contract amount $ Changes (increases or decreases) $ Revised contract amount $ Total Work Completed to Date $ Retainage Held to Date $ Total Earned Less Retainage $ Total Amount Paid to Date $ Work Completed this Quarter $ Retainage Held for Work Completed this Quarter $ Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 53 of 61 Retainage Released this Quarter $ Amount Paid this Quarter $ Section F: Quarterly Detailed Expenditures (for Quarter Reported) Invoice No. Invoice Date Vendor Name Description of Work Invoice Amount Amount Paid Section G: Project Schedule & Status 15. Project Schedule Completion Date 16. Total Project Schedule Time Remaining 17. Amount Project Is Ahead/Behind Schedule ❑ Ahead by _ Days ❑ Behind by_ Days 18. Explanation for Change in Project Schedule: 19. Project Run Rate (Actual vs. Planned Expenditures) 20. Percentage of Project Phases/Milestones Met Section H: Performance Metrics A. [To be provided by the PMO as applicable] B. [To be provided by the PMO as applicable] Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 54 of 61 MAP PMo Project Status Report Template <AgencY> Project: ff'j, . q c .s ec Progress updat* Key acthgries since the last status report Key acthAtles to be completed in the nett c2-4> weeks: •7 issues/Challenges: owner. =V in; I July 15,2019 Overall Progress i Red . E,o Udnn EHHMl delay Q An't�+ - [kiay; tart recu.erab� Cr. - On track Summary_ (may include) • ltey take-owoys for 8aCC 09 and SurTox Adm1n • Project run rate, actual v& planned • 96 Wkstones met • Dwys over budget • Leverage ratio • Key remJndersofcrr'rkWder" Aafuj'mllei ranesMe_ Proposed solutions: Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 55 of 61 Exhibit D Form Contracts Surtax -Funded Projects Form Construction Contract: Surtax -Funded Projects Form Consultant Contract: Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 56 of 61 Exhibit E Municipal Resolution Authorizing Execution of Agreement Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 57 of 61 Temp Reso 13834 September 14. 2022 Page 1 CITY OF TAMARAC FLORIDA RESOLUTION NO R- 2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC. FLORIDA APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT FIRE STATION 15 EMERGENCY VEHICLE PREEMPTION SIGNAUTAMA-014 (ILA). ATTACHED HERETO AS EXHIBIT "'I",AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE_ WHEREAS. the City Commission of the City of Tamarac wishes to enhance public transportation and multi -modal connectivity throughout the City; and WHEREAS. for Tamarac transportation projects to be considered for surtax funding the County required the adoption of the Transportation System Surtax Interlocal Agreement with Broward County, the Broward Metropolitan Planning Organization and Broward municipalities; and WHEREAS such Interlocal Agreement and subsequently the first and second amendments to this Agreement were adopted by Tamarac City Commission on September 26, 2018 via Resolution No. R-2018-125 and October 10, 2018 via the Resolution No. R 2018-129, on July 10, 2019 via Resolution No. R-2019-67 and on February 24 2021 via No R-2021-019, respectively; and WHEREAS. Broward County voters approved a 30-year, one percent surtax for transportation in November 2018 and the first distribution of surtax revenues was received by Broward County from the Florida Department of Revenue in March 2019; and Municipal Interlocal Agreement for Surtax Funded Transportation Projects Page 58 of 61 Temp. Reso. 13834 September 14, 2022 Page 2 WHEREAS, the City of Tamarac was awarded Cycle 1 transportation surtax funding for four capital projects, including Fire Station 15 Emergency Vehicle Preemption ' Signal/TAMA-014, and one Rehabilitation and Maintenance (R&M) project, for a total !' award amount of up to $4,047,058; and WHEREAS, the approval and execution of the Interlocal Agreement between �y Broward County and the City of Tamarac for Surtax -funded Municipal Transportation i I Project: Fire Station 15 Emergency Vehicle Preemption Signal/TAMA-014 (ILA), attached l/ HERETO as Exhibit 1, is necessary to receive the allocated surtax funds in the amount 1 of up to $445,817 for the Fire Station 15 Emergency Vehicle Preemption Signal/TAMA- 014 (Project); and WHEREAS, the Interim Director of Public Services recommends approval of the ILA in order to receive surtax funds for the Project; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the ILA to receive surtax funds for the Project and authorize the appropriate City officials to take any and all actions necessary to effectuate the intent of this Resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All exhibits attached HERETO and referenced HEREIN are expressly incorporated and made a specific part of this Resolution. Municipal Interlocal Agreement for Surtax Funded Transportation Projects Page 59 of 61 Temp. Reso. 13834 September 14, 2022 Page 3 Section 2: The City Commission of the City of Tamarac HEREBY approves the Interlocal Agreement between Broward County and the City of Tamarac for Surtax -funded Municipal Transportation Project: Fire Station 15 Emergency Vehicle Preemption Signal/TAMA-014. Section 3: The City Commission of the City of Tamarac HEREBY authorizes the appropriate City officials to take any and all actions necessary to effectuate the intent of this Resolution. Section 4: All Resolutions in conflict herewith are HEREBY repeaied to the extent of such conflict. Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application; it shall not affect the validity of the remaining portion or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its adoption. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Municipal Interloca) Agreement for Surtax Funded Transportation Projects Page 60 of 61 Temp. Reso. 13834 September 14, 2022 Page 4 PASSED, ADOPTED AND APPROVED this � `day of ATTEST: KIMBERLY DILLON, CMC CITY CLERK � _ 0 MIt rrMi. _O E MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN% _ DIST 3: COMM. VILLALOBOS �£ DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY: TY ATTO NEY Municipal Interlocal Agreement for Surtax Funded Transportation Projects Page 61 of 61 ' MAP Broward Mobility Advancement Program Brought to you by the Penny For Transportation MEMORANDUM TO: Neysa Herrera, Chief of Staff for the City of Tamarac FROM: Gretchen Cassini, Surtax Grants Contract Administrator« - RE: TAMA-014 —Cost Escalation Approval DATE: August 1,2023 We have reviewed the City of Tamarac's (City) requests for cost escalation funding for the Cycle 1 construction -phase municipal capital project, TAMA-014. In accordance with the criteria set forth in the letter from County Administrator, Ms. Monica Cepero, to the Broward County City Manager's Association, this project is eligible for up to 11.9% in cost escalation of the Maximum - Not -To -Exceed (MNTE) amount of the awarded contract. The County has reviewed the documentation submitted by the municipality substantiating the need for 11.9% cost escalation for this project. Based on the project's current cost estimates and municipality's commitment (Attachment 1) to ensure the project is fully funded using municipal non -surtax resources, the County approves the request for $53,052.22 (11.9% of the MNTE). Cost escalation is reflected through an amendment to the Project Funding Agreement (PFA), adjusting the total maximum funding amount for this project. Please note the escalation amount will be paid to the municipality via reimbursement after project is completed. During project close-out, the City will be required to complete a final financial reconciliation documenting all project -related expenditures, justifying cost escalation reimbursement. Surtax Legal will begin the amendment process to reflect both the extension previously requested and approved, and the cost escalation inclusion to the PFA. Please ensure the City's legal counsel provides the Surtax Legal Team with any additional information required to effectuate the amendment. Should you have any questions, please feel free to contact us. C: John Doherty, Director of Public Services for the City of Tamarac Hans Ottinot, City Attorney City for the City of Tamarac Angela J. Wallace, Transportation Surtax General Counsel H. Brannon, Transportation Surtax Legal Team, Paralegal Lina Silva, Surtax Grant Contract Contact, MAP Administration -Attachments- klobility Advancement Program Administration 1 N University Drive t L 33324 phone: 954 357-9501 mapbro,-ard bru-,vard oir ATTACHMENT 1 From: Neysa Herrera <Neysa.Herrera@tamarac.org> Sent: Wednesday, July 26, 2023 2:26 PM To: Cassini, Gretchen Cc: Silva, Lina; John Doherty; Hans Ottinot; City Attorney Subject: Cost Escalation for TAMA-014 Attachments: FS15 PE - TAMA-014 - Cost Escalation Request (JD 072623).pdf; FS15 PE - TAMA-014 - Commitment Letter (JD 072623).pdf, 23-09B AUM Construction - Complete.pdf External Email Warning This email originated from outside the Broward County email system. Do not reply, click links, or open attachments unless you recognize the sender's email address (not just the name) as legitimate and know the content is safe. Report any suspicious emails to ETS Security by selecting the Phish Alert Report button. Good afternoon, Gretchen. The City is hereby formally requesting a cost escalation adjustment for the above referenced Surtax project to be included as part of the PFA Amendment. Please see the cost escalation request and the commitment letters attached. Thank you in advance for your consideration of this request. Should you have any questions or need additional information, please let me know. Sincerely, Neysa Herrera Chief of Staff I City Manager's Office (954) 597-3522 www_Tamarac.org 10'- .;� 7525 NW 88t" Ave., Tamarac, FL 33321 v �i9 ANNIVERSARY TAMARAC 1202 2222 The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email messages are covered under Chapter 119 and are thus subject to public records disclosure. All email messages sent and received are captured by our server and retained as public records. TAMARAC The City For Your Life July 21, 2023 Mobility Advancement Program (MAP) Ms. Gretchen M. Cassini, MAP Administrator 1 North University Drive, Suite #1400A Plantation, Florida 33324 Subject: Request for Cost Escalation (Inflation) Adjustment Fire Station 15 Emergency Vehicle Pre-emption Signal / TAMA-014 Dear Ms. Cassini: John E. Doherty, P.E. Director of Public Services The City of Tamarac would like to request a cost escalation (inflation) adjustment amount (11.9%) for the above -referenced project. The City estimated the construction cost during the Cycle 1 selection process for the Fire Station 15 Emergency Vehicle Pre-emption Signal project at $445,817.00. However, the current volatility in the construction market and supply chain issues have impacted labor and material costs. The contract was competitively bid and awarded to the lowest responsive & responsible bidder, AUM Construction, Inc., in the amount of $499,685.00. The table below outlines the request details. Supporting documentation for this request is attached herein. Project Name: Fire Station 15 Emergency Vehicle Pre- emption Signal Project Broward County Project ID: TAMA - 014 Maximum Not -To -Exceed Amount (ILA 5.4): $445,817.00 Inflation Amount Adjustment (11.9%): $53,052.22 Requested Revised Maximum Not -To -Exceed Amount: $498,869.22 Bid Award Cost: $499,685.00 Estimated Municipality Commitment to Self -Funded Amount: > $815.78 Sincerely, John E. Doherty, P.E. Director of Public Services John. Doherty(a-)tamarac.org 954-597-3706 TAMARAC The City For Your Life July 21, 2023 Mobility Advancement Program (MAP) Ms. Gretchen M. Cassini, MAP Administrator 1 North University Drive, Suite #1400A Plantation, Florida 33324 Subject: Commitment Letter Fire Station 15 Emergency Vehicle Pre-emption Signal / TAMA-014 Dear Ms. Cassini: John E. Doherty, P.E. Director of Public Services The City of Tamarac requested a cost escalation (inflation) adjustment amount (11.9%) for the above - referenced project under a separate cover. The City commits to self -fund the additional cost above the Surtax grant and cost escalation (inflation) adjustment total cost of $498,869.22. Please refer to the table below outlining with requested details. Project Name: Fire Station 15 Emergency Vehicle Pre-emption Signal Project Broward County Project ID: TAMA - 014 Maximum Not -To -Exceed Amount (ILA 5.4): $445,817.00 Inflation Amount Adjustment (11.9%): $53,052.22 Requested Revised Maximum Not -To- $498,869.22 Exceed Amount: Bid Award Cost: $499,685.00 Municipality Commitment for Self -Funded >_ $815.78 Amount: The awarded Contractor Bid was higher than Reason(s) for cost escalation request: estimated in the preliminary design -level opinion of construction cost due to recent construction market changes. Sincerely, John E. Doherty, P.E. Director of Public Services John.Dohertv(@tamarac.orq 954-597-3706 23-09B - Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project (TAMA 014) Opening Date: March 31, 2023 1:00 PM Closing Date: May 9, 2023 3:00 PM Vendor Details Company Name: AUM Construction, Inc Does your company conduct business under any other name? If FL yes, please state: 8950 NW 119 St Address: Hialeah Gardens, FL 33018 Contact: Osmany Oramas Email: osmany@auminc.us Phone: 305-456-4848 Fax: 305-456-4848 HST#: Submission Details Created On: Tuesday April 11, 2023 15:34:22 Submitted On: Tuesday May 09, 2023 11:23:14 Submitted By: Osmany Oramas Email: osmany@auminc.us Transaction #: 5655eced-4055-4466-9d34-32a18c7c1c87 Submitter's IP Address: 173.162.119.105 Bid Number: 23-09B Vendor Name: AUM Construction, Inc 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 prices must be expressed in U.S. Dollar currency. 23-09B BID SCHEDULE: INDEMNIFICATION NOTES Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid 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 bid. 1. This bid will remain subject to acceptance for ninety (90) calendar days after the day of bid opening. Bidder 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. Bidder 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. Bidder 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 Bidder. This Bid 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; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form". Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Line Description Quantity Unit Unit Price Total Item 1 Indemnification 1 Lump sum $10,0000 $ 10.00 Subtotal: $ 10.00 23-09B BID SCHEDULE: NOTES: * Mobilization/Demobilization, Item #2, Has a 5% Cap. Any Amount Entered Above 5% Shall Be Added to Item #3, Maintenance of Traffic and Will Not Change the Bidder's Total Price of Bid. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining and verifying existing conditions. Bid Number: 23-09B Vendor Name: AUM Construction, Inc Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid 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 bid. 1. This bid will remain subject to acceptance for ninety (90) calendar days after the day of bid opening. Bidder 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. Bidder 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. Bidder 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 Bidder. This Bid 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; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form". Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Line Item Description Quantity Unit Unit Price ` Total 2 Mobilization/Demobilization (101-1) 1 Lump sum $20,000.0000 $ 20,000.00 3 Maintenance of Traffic (102-1) 1 Lump Sum $20,000.0000 $ 20,000.00 4 As -Built Drawing 1 Lump Sum $2,500.0000 $ 2,500.00 5 Payment and Performance bond 1 Lump Sum $7,500.0000 $ 7,500.00 6 Clearing & Grubbing Site Prep (110-1) 1 Lump Sum $10,000.0000 $ 10,000.00 7 Earthwork/Restoration (including sod) 1 Lump Sum $5,000.0000 $ 5,000.00 8 Conduit, Furnish & Install, Open Trench (630-2-11) 65 Linear Feet $50.0000 $ 3,250.00 9 Conduit, Furnish & Install, Directional Bore (630- 2-12) 490 Linear Feet $50.0000 $ 24,500.00 10 Signal Cable - New or Reconstructed Intersection, Furnish and Install (632-7-1) 1 PI $50,000.0000 $ 50,000.00 11 Pull & Splice Box, F&I, 13" X 24" Cover Size (635-2-11) 17 Each $1,600.0000 $ 27,200.00 12 Electrical Power Service, Furnish & Install, Underground, Meter Purchased by Contractor (639-1-122) 1 AS $7,500.0000 $ 7,500.00 13 Electrical Service Disconnect, Furnish & Install, Pole Mount (639-3-11) 1 Each $1,500.0000 $ 1,500.00 14 Electrical Service Wire, Furnish & Install (639-2-1) 260 Linear Feet $10.0000 $ 2,600.00 15 Prestressed Concrete Pole, Furnish & Install, Type P-II Service Pole (641-2-12) 1 Each $2,000.0000 $ 2,000.00 16 Steel Mast Arm Assembly, furnish & Install, Double Arm 70' - 60' (649-21-19) 2 Each $120,000.0000 $ 240,000.00 17 Vehicular Traffic Signal, furnish & Install Aluminum, 1 Section, 1 Way (650-1-11) 2 AS $1,500.0000 $ 3,000.00 18 Vehicular Traffic Signal, Furnish & Install Aluminum, 3 Section, 1 Way (650-1-14) 6 AS $1,800.0000 $ 10,800.00 19 Traffic Controller Assembly, Furnish & Install, Model 2070, 1 Pre-emption (670-5-141) 1 AS $50,000.0000 $ 50,000.00 20 Single Post Sign, Furnish & Install Ground Mount Up to 12 SF (700-1-11) 2 AS $1,000.0000 $ 2,000.00 21 Single Post Sign, Remove (700-1-60) 2 AS $150.0000 $ 300.00 22 Sign Panel, Furnish & Install Overhead Mount, Up to 12 SF (700-3-201) 2 Each $1,500.0000 $ 3,000.00 23 Raised Pavement Marker, Type B Without Final Surface Markings (706-1-3) 10 Each $25.0000 $ 250.00 Bid Number: 23-09B Vendor Name: AUM Construction, Inc 24 Thermoplastic, Standard, White, Solid 24" for 105 Linear Feet $25.0000 $ 2,625.00 Stop Line and Crosswalk (711-11-125) 25 Thermoplastic, Standard - Other Surfaces, White, 0.04 GM $25,000.0000 $ 1,000.00 Solid, 6" (711-16-101) 26 Thermoplastic, Remove Existing Thermoplastic 105 Square Feet $30.0000 $ 3,150.00 Pavement Markings- Surface to Remain (711-17- 1) Subtotal: $ 499,675.00 Summary Table Bid Form Amount 23-09B BID SCHEDULE: INDEMNIFICATION $ 10.00 23-09B BID SCHEDULE: $ 499,675.00 Subtotal Contract Amount: $ 499,685.00 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. Description Response' Options Company Name AUM Construction, inc Address 6011 Rodman St, Suite 208 Telephone 954-251-2455 City Hollywood State FL Zip 33023 Contractor's License Number CGC1521373 Federal Tax ID Number 208608887 Email address for above signer osmany@auminc.us Indicate which type of organization from the list in the Options column. Corporation CORPORATION Bid Number: 23-09B Vendor Name: AUM Construction, Inc 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. Description Response* I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section r: Yes r No SCRUTINIZED COMPANIES AND BOYCOTT LIST By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. 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. Description Response* I Hereby Acknowledge the Scrutinized Companies -- 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section r: Yes r No Bid Number: 23-09B Vendor Name: AUM Construction, Inc 14ft:11:uwi 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. Description Response* Hereby Acknowledge the E-VERIFY Information Above and Will Abide by Everything Outlined in this Section G. Yes r No BIDDER'S QUALIFICATION STATEMENT Line Lem Description Response* 1 How many years has your organization been in business under its 17 present name? 2 If Vendor is operating under Fictitious Name, submit evidence of N/A compliance with Florida Fictitious Name Statute: 3 Under what former name(s) has your business operated? Also List AUM Construction, Inc former address(es) of that business (if any). 6011 Rodman St, Suite 208 Hollywood, FL 33023 4 Have you ever been debarred or suspended from doing business with No any governmental entity? If Yes, Explain 5 Are you Certified? If Yes, attach copy of Certification to Package Yes 6 Are you Licensed? If Yes, attach copy of License to Package Yes 7 Has your company ever declared bankruptcy? No If Yes, explain: FIRM'S PRIMARY OWNERSHIP Line If Other Please Enter Item Description Response* Information Here: (If NONE Enter the word "NONE") 1 Does your firm employ more than 50 persons No NONE (including full-time and part-time employees) 2 Is your firm a construction firm? Yes NONE 3 If you are a construction firm, is the average No NONE annual gross revenue for your firm for the past three (3) years greater than $9 million? 4 Which of the following best describes the Male NONE gender of your firm's primary owner (at least 51% ownership): 5 Which of the following best describes the Hispanic/Latino NONE ethnicity of your firms primary owner (at least 51% ownership): 6 Please select the current certification your firm Small Business Enterprise (SBE) NONE holds: (NOTE Proof of Certification must be included in Document Upload Section) 7 Indicate the agency or agencies that have Broward County NONE granted the certification to your firm: Bid Number: 23-09B Vendor Name: AUM Construction, Inc LOCAL, VETERAN AND CBE INFORMATION Description Response* Is the primary address of your firm located with the City limits of Tamarac? No Which of following best describes the primary owner's veteran status? Non -Veteran Is your firm a Certified Business Enterprise (CBE) Certified by Broward County? (NOTE Proof of Certification must be included in Document Upload Section) * Yes 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 may be 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. Description 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) f Yes r: No PAYMENT TERMS AND METHOD Line Item Description Response' Comments 1 TERMS: % (percent discount, if any, if NET 30 Days payment made within DAYS; otherwise, terms are NET 30 days. 2 The City of Tamarac desires to have the Yes ability to use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? Bid Number: 23-09B Vendor Name: AUM Construction, Inc REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Company Name Legal Address Contact Name Phone Number Email Address Item 1 Miami Dade County 710ONW 36 St. Miami FL 33166 Felix Hernandez 305-951-4594 Felix. Hernandez@miamid . ade.gov 2 City of Doral 8401 NW 53rd Terrace Doral, Julio Amoedo 305-593-6740 Ext. 6018 julio.amoedo@cityofdoral. . FL 33166 com 3 FDOT District 6 1000 NW 111th Ave, Miami, FL Dru Badri 305-401-1560 dru.badri@dot.state.fl.us 33172 4 FDOT District 4 5548 NW 9 Ave. Ft. Lauderdale Christopher Comprosky 954-547-2807 Christopher.Comprosky@ . FL, 33309 dot.state.fl.us 5 City of Sunny isles Beach 18070 Collins Avenue Sunny Paul Abbot 305-773-6255 ptgbhtl@aol.com Isles Beach, FL 33160 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. List of Subcontractors Bidder shall list each subcontractor's names and business addresses they plan to utilize to perform any Work under this Proposal on their behalf. Proposer shall also identify if any sub -contractors used are a CBE, DBE, MBE, SBE, WBE, Veteran, or Locally -Owned Business. wo By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Sub -Contractors Status as Line Total Contractor License Subcontractor Sub -Contractor Phone & CBE, DBE, MBE, SBE, WBE, Item Work to Be Performed * Contract * No. * Name/Address * Email * Veteran, or Locally -Owned Business 1 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 Response Document may be rejected. . Non -Collusive Affidavit and Acknowledgment - Non Colusive Affidavit.pdf - Tuesday May 09, 2023 10:00:55 • Certified Resolution - Certified Resolution.pdf - Tuesday May 09, 2023 10:01:17 • Bid Bond and Bid Bond Acknowledgement (See Sec. 23 - Bid Bond Submittal Belowl - Bid Bond.pdf - Tuesday May 09, 2023 10:01:36 • Trench Safety form (If Applicable) - Trench Safety Form.pdf - Tuesday May 09, 2023 10:02:02 • Proof of State Certified or County Competency Licenses Requested - EC License.pdf - Tuesday May 09, 2023 10:02:23 • Certificate of Insurance - Proof of Requirements - COI.pdf - Tuesday May 09, 2023 10:02:40 • Federal W-9 Form - W-9.pdf - Tuesday May 09, 2023 10:02:48 • Validation that Bidder has policies in place to exclude requesting criminal history information from employment candidates until after the Bidder initially determines that a candidate is otherwise qualified for the job being advertised. (optional) • Letter(s) of Intent Between Bidder/Offeror and County Business enterprise (CBE) Subcontractor / Supplier for each CBE firm it intends to use AND / OR Application for Evaluation of Good Faith Efforts and all required supporting information - Letter of Intent.pdf - Tuesday May 09, 2023 10:03:05 • Additional Document - Other.pdf - Tuesday May 09, 2023 10:04:20 Bid Number: 23-09B Vendor Name: AUM Construction, Inc GENERAL TERMS AND CONDITION 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 IFB 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. 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. 2. 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 bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 3. 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). 4.PERFORMANCE Failure on the part of the Quoting firm to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid 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. 5. 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. 6. 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 Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 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 Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. If the Contractor abandons this Agreement or causes it to be terminated, Contractor 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. 7. ASSIGNMENT The Responding firm shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid 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 Bid Number: 23-09B Vendor Name: AUM Construction, Inc 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. 8. 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. 9. 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. 10.TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 11. 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. 12.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 County Commissioners, it's officers, agents and employees, harmless from any damage resulting to it for failure of either Responding firm or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability - $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory • Contractors pollution liability - $1 M/$2M 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 Bid Number: 23-09B Vendor Name: AUM Construction, Inc 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. 13. 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. 14. 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 Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of 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. 15.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. 16. 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. 17. RECORDS/AUDITS 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: • Keep and maintain public records required by the City to perform the service; • 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 Bid Number: 23-09B Vendor Name: AUM Construction, Inc otherwise provided by law. • 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. 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. 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. 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. 18. 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. 19. 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. 20. 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 We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the solicitation. We (1) certify that we(1) have read the entire Bid Number: 23-09B Vendor Name: AUM Construction, Inc document, including the Specifications, Scope or Statement of Work, Additional Requirements, Supplemental Attachments, Instructions to Bidders (or Proposers), Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire solicitation document. - Humberto Ortiz, President, AUM Construction, Inc The bidder/proposer shall declare any potential conflict of interest that could arise from responding to this solicitation. Do you have a potential conflict of interest? r Yes r: No The Bidder/Proposer acknowledges and agrees that the addendum/addenda below form part of the Solicitation Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name 23-09B Fire Station 15 Pre Emption Emergency Vehicle Signal System - Addendum No. 2 Wed April 19 2023 04:16 PM 23-09B FS15 Addendum No 1 Wed April 19 2023 10:50 AM I have reviewed the below addendum and attachments (if applicable) 17 r Pages Bid Number: 23-09B Vendor Name: AUM Construction, Inc Bid Number: 23-09B Vendor Name: AUM Construction, Inc City of Tamarac State of TAB AC The City For Your Life Purchasing and Contracts Division NON -COLLUSIVE AFFIDAVIT ) ss. County of gr owz )r ) being first duly sworn, deposes and says that: He/she is the /1 P— (Owner, Partner, Officer, Representative or Agent) of G 'O 1*ki G the Offeror that has submitted the attached Proposal; 1. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 2. Such Proposal is genuine and is not a collusive or sham Proposal; 3. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 9 The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, Seale d livered in the presence of: By Witness Witness Title NON -COLLUSIVE AFFIDAVIT AND ACKNOWLEDGMENT City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division NON -COLLUSIVE AFFIDAVIT ACKNOWLEDGMENT State of FloricIA County of On this the�day of , 202_, before me, the undersigned Notary Public of the State of Florida, person ly appeared and (s) of individuals) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTA UBLIC, STATE OF FLORIDA 'C� n (Name f o ary Public: Print, Stamp, or Type as Commissioned) IiPersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or iFd DID NOT take an oath =^� c State of Floridarrera11 ion GG 343073 412023 NON -COLLUSIVE AFFIDAVIT AND ACKNOWLEDGMENT TAMARAC City of Tomarac The City For Your Life Purchasing and Contracts Division CERTIFIED RESOLUTION l( (Name), the duly elected Secretary of n G (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed, by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of e said corporation. %a / (Name)", the duly IT IS HEREBY RESO VED THAT/ �/ !� i' O�- � ( ) , Y elected C� (Title of Officer) of vG '0-11` C(Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official .signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SI NATURE Given under my hand and the Seal of the said corporation this j day of AA2021 (SEAL) By: Secretary �lJ�i `o•�� r��� �n,�n G Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. CERTIFIED RESOLUTION CITY OF TAMARAC ITAMARAC PURCHASING ANn CONMACrs DtvlslON 7525 PAV 136th Ave "Conunl(tod to Excellence ... Always" Tamarac, FL 33321 I ThoCity 1: Ymu Ulr httos:l/tarnarac.hidsandtanders.org BID BOND STATE OF FLORIDA) ) SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, AUM Construction, Inc as Principal, and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: 5% of Bid Amount Dollars ($5% of Bid Amount ) lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated May 8th . 20 23 for: FIRE STATION NO. 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM PROJECT Bid No. 23-09B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave , -Z/ t: "Committed to Excellence... Always" Tamarac, FL 33321 T1w city F.,r Y-r uu, hftas:l/Iamarac.bidsandtonders.orct ACKNOWLEDGEMENT BID BOND Signed and sealed this 8th day c .2023. IN PRESEN (AFFIX SEAL) A7EST: f SecretW7 I ) ATTIESTV9w � Secretary *Impress Corporate Seal 8900 NW 119th Street Business Address Hialeah Gardens, FL 33018 City/State/Zip 305-456-4848 Business Phone Humberto Ortiz By President Title Contractors Bonding and Insurance Company Surety* Attorney -In -Fact* By POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 !Grow All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired, That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Dirk D. DeJong. Tina Mangum, Janet P, Colandrea, Sharon Myers, jointly or severally in the City of Pompano Beach , State of Florida its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed _ Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bands, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Conti -actors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of June 2020 . „unun.,,, ,""uuuly�• RLI Insurance Company nAHDA�`., 3 gJµpttCECo4o Conti -actors Bonding and Insurance Company dd' oa "�E'_,.� rpnroMr#•;�� SEAL_ . SEAL By Barton W. Davis a Vice President State of Illinois l „rtiiao�? ,,,```' /�l iN o�g,•�`'. } SS County of Peoria ))) CERTIFICATE On this 22nd day of June , 2020 before me, a Notary Public, personally appeared Nation W. Dnvis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Catherine D, Olover Mul y Public r 1, CAMERINED.GLOVER . r OFF MSEAL iurra Notary Public -State ofIAkaM Y Huard 2� �{ M 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and eflecl and is irrevocable, and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof I have. hereunto set my hand and the seal of the RLI Insurance Compjny and/or Contractors Bondhrg0n2id Insurance M Company this Uth day of ay 22 RLI Insurance Company Contractors Bonding and Insurance Company By: 94k� A 1) +C*, Jeffrey DCJrickQ Corporate Secretary In7310700111 A0058 D 19 TAMARAC City o/ Tamarac The City For Your Life purchasing and Contracts Division TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT COST EXTENDED COST B. $ $ C. $ $ D. $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being decl non -responsive. DATE: _ (Sig ature) ACKNOWLEDGEMENT STATE OF:y COUNTY OF: PERSONALLY, APPEARED BEFORE ME, the undersigned authority, *iiy4v nl/,1.7/ , who, after first being duly sworn by me, (Name of in ividual Signing) affixed Vhw/signature in the space provided above on this day of �, 20Z3 4t_ =PublicSlate of Florida NOTARY PUBLIC reraon GG 34307312023 My Commission Expires: TRENCH SAFETY FORM 0 Z Q � v w u Q 2 _0 N f-- v, w � s w cn +' c� Q w V) v m D i� 0 v Q : s � N ,r c to LU w �, �I �, �i w, `, ^ r ; a� 0LIJ v v �I 41 ILLI;Q ® Z �' w= �= a� Q i iH c c Q V �'``'. �I; �; Q 0 w W Q Q`, I U Z a� cn H Z {' O c o z �- cn O z LL oIa 0 D U U Ln'/✓ a v Co J w z E'er=`; X > w 0 > w w w u c0 —J w LU C 0 � C`1 0 w ►�- � 0 wm- / ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/08/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Roberto Menendez NAME: Frank H. Furman, Inc. PHONE (954) 943-5050 AX No A C No Ext E-MAIL roberto@furmaninsurance.com ADDRESS: 1314 East Atlantic Blvd. INSURER(S) AFFORDING COVERAGE NAIC # P. O. BOX 1927 INSURERA: Imperium Insurance Company 35408 Pompano Beach FL 33061 INSURED INSURER B : Evanston Insurance Company INSURER C : AUM Construction Inc INSURER D : 8900 NW 119th St INSURER E : INSURER F : Hialeah Gardens FL 33018 COVERAGES CERTIFICATE NUMBER: 22-23 GL/AU/WC/UM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEFx OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A CONIICGL000010500 12/01/2022 12/01/2023 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- LOC JECT PRODUCTS-COMPIOPAGG $ 2,000,000 $ OTHER: I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS CONIICCA000017900 06/18/2022 06/18/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY PIP -Basic $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE CONIICX000009600 12/01/2022 12/01/2023 DED I X1 RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 (Mandatory in NH) N/A CONIICWC000004000 06/18/2022 06/18/2023 PER EORH /� STATUTE E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Each Occurrence $2,000,000 B Contractors Pollution Liability ECPENV03677 12/01/2022 12/01/2023 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Tamarac and the Broward County Board of County Commissioners are included as Additional Insured for General Liability as required by written contract. CGL includes coverage for Explosion, Collapse and Underground Hazards. CERTIFICATE HOLDER rANr:FI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Tamarac ACCORDANCE WITH THE POLICY PROVISIONS. 6011 Nob Hill Road AUTHORIZED REPRESENTATIVE Tamarac FL 33321 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name s shown on your income tax f eturn 2 Business name/disregarded entity name, if (Np this line; do not leave this line � G Give Form to the requester. Do not send to the IRS. M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Cfollowing seven boxes. certain entities, not Individuals; see Q. o ❑ Individual/sole proprietor or � C Corporation ❑ S Corporation ❑ Partnership ❑ TrusUestate instructions on page 3): c single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting in LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is code if an ( y) n another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that o Is disregarded from the owner should check the appropriate box for the tax classification of its owner. o ru ❑Other (see Instructions) ► (Apples to accounts meintdned outside the U.S.) rn 5 Address (n mber stree , and apt. or suit no.) See Instr ctions. S ZO Requester's name and address (optional) �r CO , tat/and ZIP 8 A ad 7 List accou t number(s) he a (optional) JUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number _ rM - [11 backup withholding. For individuals, this is generally your social security number . However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I,, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TiN, later. or Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer identification number 2 tJ _ 6 0 Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of @cured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividerift You are not required to sign Ncertification, but you must provide your correct TIN. See the instructions for Part 11, later. Her ( U.S. pensSignature of \a\ \ \�_ v \ �/ 4/n /12 5J Here U.S. person ► \�� J Date ► (/ / General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (rIN) which may be your social security number (SSN), individual taxpayer identification number ([TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division LETTER OF INTENT (CBE/SBE) To Utilize a County Business Enterprise (CBE) or Small Business Enterprise (SBE) Subcontractor/Subconsultant Project Name: Fire Station No.15 Pre-Emption Emergency Vehicle Signal System Project Project Number: 23-09B From (Name of Proposer/Bidder): i AUM Construction, Inc Firm Address: 1 6011 Rodman St, Suite 208, Hollywood, FL 33023 Project Description: I Construction of new Intersection for Fire Station Pre-emption (Signal In response to the City of Tamarac 's RLI/Bid No. 23-09B �, the undersigned hereby agree to utilize the CBE or SBE firm listed below, if awarded the contract. The undersigned further certify that the firm has been contacted and properly apprised of the projected work assignment(s) upon execution of the contract with the City of Tamarac , Name of CBE/SBE Firm: I AUM Construction, Inc Address of CBE/SBE Firm: L60I I Rodman St, Suite 208, Hollywood, FL 33023 Expiration of CBE/SBE Certification: my 8, 2021 Projected CBE/SBE Work Assignment (description of work assi nment): ( Traffic Signal improvements Proje d Percentage of P 'me's Contract Fees to be Awarded to CBE/SBE (Percentage %): 1� 00 S y/ZoZ 3 (Signature nerorAuthorized Rep. Prime) gwki� (Date) Print Name (owner or authorized Rep. Prime):, 4 / The fore ing instrument was acknowledged before m by means of physical presence or ❑ online notarization, day of]�, by OIA��� who is personally �. k wXn tome or who has produced=Public ho ❑ did di®' d not take an oath. ic State of Floridallotary's Signaturerrerasion GG 343073Notar Seal• 4/2023Y (ACKNOWLEDGEMENT BY THE PROPOSED CBE/SBE FIRM) The undersigned intends to perform work in connection with the above Contract as (check one) an indi ual u a partne�shhip` a a corporation l_ a joint venture. The undersigned agrees with the prime c tra or's onsulta isal and further certifies that all info a ion provided herein is true and correct. 1 % Y, M? _ I (Signature of Owner cl thorized Rep. CBE/SBE) te) Print Name (owner or authorized Rep. CBE/SBE): (D � 0 �/ The foregoing instrument was acknowled be f re me, by means of physical presence or ❑ online notarization day of ZQ ?,IF, by G ho is personally known to me or who has produced —ems ide tification and who ❑ did did not take an oath. Notary's Signature: Notary Seal: 23-09B Fire Station No. 15 Pre-Emplion Emergency a -, Sydney Herrera Vehicle Signal System c My Commission GG 343073 142 yre�.. oa` Expires 10104/2023 BKoWARD -COUNTY Kill OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT Governmental Center Annex 115 S. Andrews Avenue, Room A680 a Fort Lauderdale, Florida 33301 • 954-357-6400 • FAX 954-357-5674 June 17, 2022 Ms. Patricia Gonzalez AUM CONSTRUCTION, INC. 6011 Rodman Street, Suite 208 Hollywood, Florida 33023 Dear Ms. Gonzalez: The Broward County Office of Economic and Small Business Development (OESBD) is pleased to announce that your firm's County Business Enterprise (CBE) certification has been renewed. Your firm's certification is continuing from your anniversary date but are contingent upon the firm verifying its eligibility annually through this office. You will be notified in advance of your obligation to continue eligibility in a timely fashion. However, the responsibility to ensure continued certification is yours. Failure to document your firm's continued eligibility for the CBE and SBE programs within thirty (30) days from your anniversary may result in the expiration of your firm's certifications. Should you continue to be interested in certification after it has expired, you will need to submit a new application, and all required supporting documentation for review. To review current Broward County Government bid opportunities, visit: www.broward.org/Purchasing and click on "Current Solicitations and Results." Also, from this website, you can log into your firm's profile in BidSync to ensure you have added all appropriate classification codes. Bid opportunities over $3,500 will be advertised to vendors via e-mail and according to classification codes, so please ensure that both the Purchasing Division and OESBD are apprised of your current e-mail address. Your primary certification group is: Construction Services. This is also how your listing in our directory will read. You may access your firm's listing by visiting the Office of Economic and Small Business Development Directory, located on the internet at: www.broward.org/EconDev and click on "Certified Firm Directories." Your firm may compete for, and perform work on Broward County projects in the following areas: NAICS CODE: 238210, 238110, 236220 We look forward to working with you to achieve greater opportunities for your business through county procurement. Sincerely, SANDY-MICHAEL aCHARMCDONALDDY MCDONALD Dare: 2022.06. 1716:30:63 -04'00' Sandy -Michael McDonald, Director Office of Economic and Small Business Development Cert Agency: BC -CBE ANNIVERSARY DATE: JULY 81" Broward County Board of County Commissioners Torey Alston - Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Jared E. Moskowitz • Nan H. Rich • Tim Ryan • Michael Udine www.broward.org Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W. PERDUE, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY April 27,2023 AUM CONSTRUCTION INC. 8900 NW 119 STREET HIALEAH GARDENS, FLORIDA 33018 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: COMPUTERIZED TRAFFIC CONTROL, DRAINAGE, ELECTRICAL WORK, GRASSING, SEEDING AND SODDING, INTELLIGENT TRANSPORTATION SYSTEMS, ROADWAY SIGNING, SIDEWALK, TRAFFIC SIGNAL, CURB & GUTTER, ROADWAY LIGHTING MAINTENANCE Unless notified otherwise, this Certificate of Qualification will expire 6/30/2024. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), E.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. JTII:cg Sincerely, James E. Taylor II, Prequalification Supervisor Contracts Administration Office Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov co O -L s- ® c Ln a) vi J Q Z O m Q z� Q �- �. u, -� ® i :3 o Iv O Z W;V)Ij�i,f' `' . 00 ?, Q M N i N N v O u U 5 l �_. — C `� (� O V 01I Z t— LL, e-� I O cn W V) ° o �, a LL ;,o�LL ljj �.�GC: 4-1 UJ ,A ^v 1, W �(l �f{"" W � 7 WW �. W l l W g z LL4� iL W �W u O l N (� Z � Uji L..LLJ cn On z W r Q Q u O ,'A5A.7, W s= v1 p� ti �J oe C,� (� Q o c z W W Q -: - Q N u v LLI O V W L 4 F— F- o >- v o Q a `^ `� o �RZ W f— F 1, � {i� �vl,lli ❑� IL O� r 1 ry'ti m CD O 0 O 0 O O O O O O Cl) O G O O O O co N M iq 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M r O CD p O O T m r O 00 O O 0 co N N Ln 0 O 0 O 0 O 6 r-"r 0 0 0 0 0 0 0 0 M 0 0 Ln W f� W O O W ch O O u") to M In 0 O CO O O O u i 1- O kp 00 J Q lD [t N r r O0 Ln Ln Lo V 1,- N c`! 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