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
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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
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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.
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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
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(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)
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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
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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,
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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
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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,
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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.
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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"):
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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
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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.
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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
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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.
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BROWARD COUNTY, b and through
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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
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Assistant County Attorne
Angela J.
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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
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MUNICIPALITY
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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
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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
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Municipal Interlocal Agreement for Surtax Funded Transportation Projects Page 33 of 61
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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
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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
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