HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-022Temp. Reso. #10630
January 27, 2005
1
Revision 1, February 16, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-�v�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT
WITH STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING THE RELOCATION OF
UNDERGROUND UTILITIES TO ELIMINATE CONFLICTS AT
FLORIDA'S TURNPIKE SOUTH OF COMMERCIAL BOULEVARD
FOR A TOTAL CONTRACT AMOUNT OF $329,507.69;
APPROVING FUNDING FOR THIS PROJECT FROM THE
APPROPRIATE BUDGETED UTILITIES ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation will be undertaking the
Florida Turnpike Widening Project throughout the turnpike corridor in Tamarac (a copy of which
is attached as shown in map form as "Exhibit 1"); and
WHEREAS, the City of Tamarac owns and operates existing water and wastewater
utilities that are within the FDOT turnpike right-of-way and these utilities are in conflict with the
proposed Florida Turnpike Widening Project; and
WHEREAS, the State of Florida requested that the City relocate its active utilities that lie
within the construction boundaries of the project in accordance with State of Florida Department
of Transportation standards and under the provisions of Florida Statutes 337.403 and 337.404;
and
Temp. Reso. #1(
January 27, '
Revision 1, February 16,
WHEREAS, the State gave the City the option of using the State's contractor or p
another contractor to resolve the conflicts that the City's utilities pose with the p
improvements located on Florida's Turnpike; and
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WHEREAS, it is advantageous and beneficial to execute an agreement between tho City
and the State to allow the relocation of City utilities that interfere with the proposed tu
improvements by the State's contractor; and
WHEREAS, the City of Tamarac is funding the utility relocation work to be done
the state's contractor pursuant to the terms of the agreement; and
WHEREAS, it is the recommendation of the Director of Utilities that this
resolve conflicts associated with the proposed turnpike improvements south of Com
Boulevard be approved, executed and funded; and
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WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be io the
best interest of the citizens and residents of the City of Tamarac to accept and execut� an
agreement between the State of Florida and the City of Tamarac for funding the resolution of
underground utility conflicts on Florida's Turnpike and forward it for execution bxA the
appropriate officials of the State of Florida Department of Transportation and provide fo� the
funding of the agreement in the amount of $329,507.69 from the appropriate budgeted Utilities
accounts.
11
Temp. Reso. #10630
January 27, 2005
3
Revision 1, February 16, 2005
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.
SECTION 2: The appropriate City Officials are hereby authorized to accept and
execute the State of Florida Department of Transportation Utility Work by Highway Contractor
Agreement (Lump Sum) (a copy of which is attached hereto as "Exhibit 2") and forward it for
. execution by the appropriate officials of the State of Florida Department of Transportation.
SECTION 3: The funding of the Agreement with a budget appropriation in the
amount of $329,507.69 from the appropriate budgeted Utilities accounts entitled, "Florida
Turnpike Widening" is hereby approved for correct accounting purposes.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clauses, 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,
Iit shall not affect the validity of the remaining portions or applications of this Resolution.
Temp. Reso. #11
January 27,
Revision 1, February 16,
SECTION 6: This Resolution shall become effective immediately upon
passage and adoption.
PASSED, ADOPTED AND APPROVED this 23rd day of February, 2005.
ATTEST:
I : ) ) �'" s
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHt JI L S. 15
CITY ATTORN
GW/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER !t
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
5
4
EXHIBIT I
TEMP. RESO. # 10630
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FTP-WIDENING.DWG
FLORIDA TURNPIKE WIDENING
FROM SUNRISE BOULEVARD TO ATLANTIC BOULEVARD
"MIBIT 211 TR 110630
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
Financial Project ID: 406097-1-52-01
Federal Project ID: NIA
County: Broward 86-470
State Road No.: 91
District Document No: N/A
,L��cy/Owner (UAO): The City of Tamarac, Florida
F-4 �D 1.
THIS AGREEMENT, entered into this 93 day ormvrWy , year of c;00-5*, by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, herefinafter referred to as the "FDOT, and
The City of Tamarac, Florida, hereinafter referred to as the "UAO";
WITNESSETH.
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities
as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as Florida Turnpike Widening from North of Sunrise Blvd to Atlantic Blvd, State Road No. 91, hereinafter
referred to as the "Projecr'; and
WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Work, and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the UAO hereby agree as follows:
Performance of Utility Work
The FDOT will include the Utility Work in its plans and specifications for the Project and will include
the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in
its discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
2. Cost of Utility Work
a. The UAO will, at least Fifteen (15) calendar days prior to the date on which the FDOT advertises the
Project for bids, pay the FDOT the amount of $ 329,507.69 for the cost of the Utility Work. Said
amount will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional
ten percent (10%) to cover the UAO!s obligation for the cost of the Utility Work as set forth in Section
337.403(l)(b), Florida Statutes.
Page I of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the
use of the deposit.
d. Pursuant to Section 337.403(l)(b), Florida Statutes, no changes or additions to the Utility Work will be
made during the construction of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or additions, To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may
be applied to cover the cost of the changes or additions. All changes or additions shall be subject to
the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of
the following options, provided that at no time shall the FDOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT
property if the breach is material and has not been cured within 60 days from written notice
thereof from FDOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties and from any statutory obligations that either party may have
with regard to the subject matter hereof,
4. Indemnification
FOR GOVERNMENT -OWNED UTILITIES -
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts,
action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of
the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties
may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
section for damages arising out of the injury or damage to persons or property directly caused by or resulting
from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this
Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to the
UAO. The LIAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14)
working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will
determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to
defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim
shall not release the LIAO from any of the requirements of this section. The FDOT and the UAO will pay their
own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in
the defense of the claim at trial, that party is responsib.le for all costs.
FOR NON -GOVERNMENT -OWNED UTILITIES:
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether
direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except
that neither the UAO, its agents, employees, or contractoriwill be liable under this section for damages arising
out of the injury or damage to persons or property directly caused by or resulting from the negligence of the
FDOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and
associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or becaOse the UAO evaluates liability and determines the
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication orjudgment finding the
FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and
fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the LIAO of a
claim shall not release UAO of the above duty to defend.
S. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the
extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond
the control of the non -performing party and which could not have been avoided or overcome by the exercise of
due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
6. Miscellaneous
a. To the Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utitity Accommodation Manual and the current utility
permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for
refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with
this Agreement.
Page 3 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect
thereto, except that the parties understand and agree that the FDOT has manuals and written policies
and procedures which shall be applicable at the time of the Project and the relocation of the Facilities
and except that the UAO and the FDOT may have entered into other agreements for work not included
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies,
and procedures will be provided to the UAO upon request,
d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions
hereof.
e. Time is of essence in the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FIDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
City of Tamarac -Jeffrey Miller, City Manager with a copy to Mitchell Kraft, City Attorney
7525 NW 88Tn Avenue
Tamarac, Florida 33321-2401
If to the FDOT:
Florida Department of Transportation, Turnpike District
P.O. Box 613069, Building 5315
Ocoee, Florida 34761
7. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto bythe
UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to
Form Document and no change is made in the text of the document itself. Hand notations on affected portions
of this document may refer to changes reflected in the above -named Appendix but are for reference purposes
only and do not change the terms of the document. By signing this document, the UAO hereby represents that
no change has been made to the text of this document except through the terms of the appendix entitled
Changes to Form Document."
You MUST signify by selecting or checking which of the following applies:
No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
F� No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
Page 4 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: The City of Tamarac, Florida
BY:
(Typed Name: Joe Schreiber Attest: Jeffrey L. Mille
(Typed Title: Mayor City Manaue )
Recommend Approval by the District Utility Office
DATE: 3/0
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: t6i
Anature) DATE:
(Typed Name: Christopher L. Warren, P.E.)
(Typed Title: Deputy Executive Director -Chief Executive Officer)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: _)
(Typed Title.- _)
117-11111 =9
Page 5 of 6
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