HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-065Temp Reso. #10670
March 8, 2005
Revision 1 - March 30, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE UPGRADE OF NINETEEN
(19) STREET LIGHTS AND THE INSTALLATION OF AN ADDITIONAL
SEVENTEEN (17) STREET LIGHTS ALONG COMMERCIAL
BOULEVARD FROM NW 31 ST AVENUE TO PROPSECT ROAD BY
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER
INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO MAINTAIN SAID STREET LIGHTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Public Works Department currently maintains approximately one
hundred and fifty (150) street lights within the City of Tamarac including fifty (50) along
Commercial Boulevard; and
WHEREAS, according to the State of Florida Department of Transportation Lighting
Analysis, illumination levels have been determined to be below acceptable levels within
the project limits; and
WHEREAS, the State of Florida Department of Transportation has proposed the
upgrade of street lights located on Commercial Boulevard from NW 315t Avenue to
Prospect Road as part of their Commercial Boulevard Improvement Project, said lighting
plans hereto attached as Exhibit 1; and
WHEREAS, the State of Florida Department of Transportation proposes that the City
of Tamarac assume maintenance responsibilities of the aforementioned street lights; and
Temp Reso. #10670
March 8, 2005
Revision 1 — March 30, 2005
Page 2
WHEREAS, the City of Tamarac has routinely accepted maintenance of street lights
in conjunction with Broward County or Florida Department of Transportation improvement
projects; and
WHEREAS, the City of Tamarac currently maintains nineteen (19) street lights in this
same location and the acceptance of this agreement would allow for the replacement of
these existing street lights as well as the addition of seventeen (17) more for a total of
thirty-six (36); and
WHEREAS, energy required to operate these additional seventeen (17) street lights
would result in an a minimal additional annual expense; and
WHEREAS, annual funding to absorb this minimal increase exists in the general
fund account entitled "Electricity -Streets" for said purpose; and
WHEREAS, maintenance of these street lights will be performed on an as needed
basis by companies with which the City of Tamarac has open purchase orders that
appear to be sufficient at this time; and
WHEREAS, The Director of Public Works recommends the upgrading and
installation of the streetlights and the execution of the agreement with the State of Florida
Department of Transportation to maintain the proposed thirty-six (36) street lights; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the Citizens and residents of the City of Tamarac to upgrade the
existing nineteen (19) streetlights and install an additional seventeen (17) streetlights and
to execute an agreement with the State of Florida Department of Transportation to
maintain the aforementioned street lights. I
Ternp Reso. #10670
March 8, 2005
Revision 1 - March 30, 2005
Page 3
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 upgrade of the existing nineteen (19) street lights and installation
of an additional seventeen (17) street lights along Commercial Boulevard from NW 31't
Avenue to Prospect Road by the Florida Department of Transportation is HEREBY
approved.
SECTION 3: The appropriate City officials are HEREBY authorized to execute the
"Roadway Lighting System Maintenance Agreement" with the Florida Department of
Transportation, hereto attached as Exhibit 2.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not effect other provisions or
application, and to this end the provisions of this resolution are declared to be severable.
I
Temp Reso. #10670
March 8, 2005
Revision 1 — March 30, 2005
Page 4
SECTION 6: -This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED THIS 13 th day of April, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4 MIT E
4,t. KkAFT
CIT ATTOKI�EY
JOSE'�H SCHREIBEk
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A\j e
DIST 1: COMM. PORTNER A-\�e_
DIST 2: V/M TALABISCO e-
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS e—
I
L
At k
C3 0
A 7 7 7 7 7
A
Z4
rn
C;; --t o-I
(A 00 rr, Q
-;a 8 2� C) It -Q
0 (b
ell
rfl
Zt
rr) UD
r,3
1 h4s
rA
�b N
A 11 r j� ��cv �40 QCALX-u UML&K MLE bW5-EJ 0039 FAC,
4
L , "
loins
Monson
1100111
111111§11
mill
111111
NINO
MINI
14h
Ec-P El
-3 r
11a
7-
a ap
4D 34
. ..........
NOTACt., THE OPFCIAL RECORD OF THIS $MEET PS TmE CaerrAwic FILE $16NED AND SEACED UNDER AU . L . E - 605-,93,WJ. FAT
iQ
r2
C.)
NLJJ ILP -T frlt Lff'r ILIAL fftWHU Ul' IHI!i 5HLL T 15 THE ELECTMONC FILE SCNED AND SEALED UNDER AULE GV5-ZlOOJ# F.A.C.
R c: -- �t. -0
ul
N
MATCH LINE STA. 398+60
P1 StA. 396+W.00 ji
lit
KV KV 1
SLUDGI. 1. WE
. . . . . . . . . . . . . . . .
SURVEY NW 31 AW
mw 31 AvE
..
..... ......
N to 0 42* W
N r 46' 42' W
u)
a
ID
C-)
ry/
L\
44
Lq
4;�
A
MW 30 TERR
PVT ru
:t
11 V. -
4* DIP FY
74
tA
ro
S,
MATCH LINE STA. 404+20
r4
I
ftlff(�t: PPIC Vr?'X;fA4 Kt(,VHV UJ' IMIS Wfttf 15 THE ELECTRONIC FILE SIGNED AND SEALED UNDER RULE 6615-23,003f F,A.C.
MATCH ONE .5TA. 404+20
I cc I
All"
12 A'V
"�7
i N
R'l
..... . ......... .
...........
ri -i,
............
lul
It
. ....... . .....
It
11 If If If It if
Uf\m
Lg
. ... . . .. ......... .......
j
MATCH LINE STA. 409+80
�l TI
MUI lUt - filt Ul I- fUfAL HtUUMV Ot �H15 SHLLF fS THE ELECTRWIC FILL' SIGNED AND SEALED ONDER RULE 605-23,M3, F.A.C,
S
'4q. —
�_D
"1 19
Cri
t1_
AV
J
98,
A
_4
4 1. , J
< Lj
"A. TCH L /,VE S . 409.,L,60
I " � f. , , ,
14
C-1
V1
- ts
)b
0;
T �,.4 ij + 40
MA-rCH LINE STA. 4_
61
4 4F -------
LA
A.
-z
15 1
A:
71
4z
A
3.
Fa
0
lA.
1 1 . "". " ' 1 1 — 10 A' IC L 1 13 '"r rLC(,J?WNF_ Fitt bfbNtU ANU btALtf) UNLAUf MLE 61W5-ZJ.003, F_A,C_
U4 "CH LINE -57-A. 415-f-40
f
4jr tq
z
All :4 3* 1� 4
1A rin:,;t I
N
Srk 418+48-17
-24
6- CIP Fk
T
Lh
o
................
MATCH LINE STA. 421+00
NOTCE., THE OFFCIAL RCCORD OF THIS SHEEr is THE ELrcrnoivic ria SIGN,60 AND SEALED UNDER RULE &GIS-23.003, r.A.C.
- ---- -----
N i�,
t
na
CD
t7l
CS
"IN
41P
MATCH LINE STA. 421+00
loz-01119.5 Vis w
In
4Z
ul 1;�w
1p
j
IQ, ch
to
tb
MATCH LINE S,-A.
. . . I ,, ; ... ... " 11— riLr- al�rU �U Zbl-.A?,LU UNIXff NULt. biWb-L4j,VVj* 1,,A,C.
17?
p
7Z
............
P"
AV
F- j
#W WAY
Aw
"emp
MAI--CH LINE STA, 4,26+60
MA 7-Cly
'71'VIFSTA. 4.32+,?o
J,
.9
JVVJ�Q! �fft NtCORV OF THIS SHEET IS THE ELECTRONIC FILE SIGNED AND SEALED UNDER RULE 61GIS-23,DO3, F.A,C.
cr;
Q
Q11
—A
ol
4
249
MATCH LINE STA� 432+20
MATCH LINE STA. 437+80
N(;?'Y'F: ��41- OFFCIAj, RF(,'ORL) (IF THIS SHEET IS THE ELECTRONIC FILE SIGNED AND SEALED UNDER PUtE 61615-23-003, F.A.0
�3
AW 26 AVE
W 25 AVE
ail
oD
P j
14
N
j
MA TCH L INE S TA. 438 +80
�A:
�q
'2
A' 71
ry
o
DIP
7 ---
I Ok
nL
SURVEr
PRospEcr Ro
PROSPECT RD
jo
L
N r 39' 04 w N 38, r w
"J/
Fn
A,
tA
19 v
X.
MATCH LINE STA, 44J+40
RU4 ILI � f(IL u, rm.mt. In Furru ur fitn� -,Htz- f I-, IfFL tLt.(;fMNX; �,fLL 5;�5ftl) -0 SMED UNDER RULE SIG15-23-003, F.A4,
STAT5 OF FLCRIDA DEPARTMENT OF TRANSPORTA—ION Form.No 710-010-52
Utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 1 CIN
Financial Project ID: 410956-1-52-01 1 Federal Project ID: N/A
County: Broward 1 State Road No.: 870
District Document No:
,LE��ncy/Owner (UAO): City of Tamarac
THIS AGREEMENT, entered into this 1,3 dayof hunt , year ofAQQ!�, by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT@ and City of Tamarac,
hereinafter referred to as the "MAINTAINING AGENCY":
WHEREAS, there exists or is about to be installed on the state highway system a lighting system more
particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as
the Roadway Lighting System, and;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the MAINTAINING AGENCY hereby agree as follows�
Maintenance of the Roadway Lighting System
a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting
. System throughout its expected useful life.
b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities
necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal
expected useful life in accordance with the original design thereof, whether necessitated by normal wear
and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall
not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance,
replacement of any component parts of the Roadway Lighting System (including the poles and any and
all other component parts installed as part of the Roadway Lighting System), and the locating of facilities
as may be necessary.
All maintenance shall be in accordance with the provisions of the following:
(1) Roadway and Roadside Maintenance Procedure, Topic No. 850-000-015;
(2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway
Construction; and
(3) All other applicable local, state or Federal laws, rules resolution. or ordinances and FDOT
procedures.
2. Operating Costs
In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be
responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of
electrical power consumed by the Roadway Lighting System and all other electrical charges.
3. Record Keeping
Page 1 of 5
STATE Or FLORIDA 0EPART MENT OF TRANSPORTATION Form No 710,010-52
Utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10104
The MAINTAINING AGENCY shall keep records of all activities performed and costs ex ' pended pursuant to this
Agree:-nent. The records shall be kept in such format as ;,s approved by the FDOT. Ail such records shall be
deemed to be public records subject to the provisions of Chapter 119, Florida Statutes.
4. Default
In the event that the MAINTAINING AGENCY 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.
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Suspend the issuance of further permits to the MAINTAINING AGENCY 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.
C. Pursue any other remedies legally available.
d, Perform any work with its own forces or through contractors and seek repayment for the cost thereof
from the MAINTAINING AGENCY.
e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING
AGENCY's sole cost and expense.
5. Indemnification
FOR GOVERNMENT MAINTAINING AGENCY:
To the extent provided by law, the MAINTAINING AGENCY 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 MAINTAINING AGENCY, its agents,
employees, or contractors during the performance of the Agreement, whether direct or indirect, and whetherto
any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING
AGENCY, its agents, employees, or contractors will 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,
When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING
AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the
claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY 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
MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the
FDOT in such claim as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a
claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT
and the MAINTAINING AGENCY 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 responsible for all
costs.
FOR NON -GOVERNMENT MAINTAINING AGENCY:
The MAINTAINING AGENCY 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 MAINTAINING AGENCY, 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
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FQrM No 710-010-52
Utdities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT I OIC4
or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or
contractors will 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 MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDOT's
option, to participate and associate with the FDCT 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 MAINTAINING AGENCY
of the FDOT's notice of claim for indemnification to the MAINTAINING AGENCY- The notice of claim for
indemnification shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and
indemnify within fourteen (14) days of such notice shall not be excused because of the MAINTAINING
AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and
determines the MAINTAINING AGENCY is not liable or determines the FDOT is solely negligent. Only a final
adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the
MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all costs and fees related to this obligation
and its enforcement by the FDOT_ The FDOT's delay in notifying the MAINTAINING AGENCY of a claim shall
not release the MAINTAINING AGENCY of the above duty to defend.
6. Force Majeure
Neither the MAINTAINING AGENCY 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.
7. Miscellaneous
a. 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 MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility
Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists,
this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals,
policies, and procedures will be provided to the MAINTAINING AGENCY upon request-
b. 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 provisions
hereof.
c. Time is of the 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
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT 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,
Page 3 of 6
STATE OF F�ORICA DEPARTMENT OF TRANSPORTAT!ON Form No 710-010-52
utintles
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10104
If to the MAINTAINING AGENCY:
City Manager with a copy to City Attorney
7525 NVV 88 th Avenue
Tamarac, FL 33321
If to the FDOT
Maria Connolly, PE
Fort Lauderdale Operations Engineer
5548 NVV 9" Avenue, Fort Lauderdale, FIL 33309
e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
f. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity.
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY 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
MAINTAINING AGENCY 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 Forms Document and no Appendix entitled "Changes to Form
Document" is attached.
* 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 TRANSPORTATICN Form No. 7110,010-52
U01ties
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first
written.
MAINTAINING AGENCY
BY
Atteqt:
,1
DATE: 4/13/05
(Typed Name: Jog�`§chreiber) (Tyj��Na-me: Jeffrey L. Miller)
(Typed Title-:__j!2yor (Typed Title: City Man!j� )
Recommend Approval by the District Utility Office DATE:
BY: (Signature)
(Typed Name:
FDOT Legal Review
BY: (Si-qnature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Sionature
(Typed Name: _)
(Typed Title: -- --., )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: _)
(Typed Title: _)
DATE:
DATE:
Page 5 of 5
EXHIBIT A
The Maintaining Agency will maintain the proposed roadway lighting along Commercial
Boulevard (SR 870) from Sta. 401+08-00, 73.0 LT C/L Construction (Just East of NW 31
Avenue) to Sta. 440+27.00, 58.65 LT C/L Construction (Just West of Prospect Road), as
depicted on the lighting plans (Pole No. I thru Pole No. 10 — Circuit No. A-1, Pole No.
ZD
11 thru Pole No. 19 — Circuit No. A-2, Pole No. 20 thru Pole No. 30 — Circuit B-1, and
Pole No. 31 thru Pole No. 36 — Circuit No. B-2) for Financial Project ID 410956-1-52-01,
CHANGES TO FORMS DOCUMENTS
TO
ROADWAY LIGHTPqG SYSTEM MAINTENANCE AGREEMENT
FOR CITYOF TAMARAC PUBLIC WORKS DEPARTMENT
Part 5 is modified by the following:
"Notwithstanding anything contained within paragraph 5 to the contrary, MAINTAINING
AGENCY does not waive sovereign immunity, and recovery shall be limited to the
amounts provided in Section 768.28, Florida Statutes."
2M5 gY - 5 M 11 '- 3-� "6�i"
RECEIVED
(,gY OF TANI�
Idd Department of Transportation
UTILITIES/DESIGN DEPARTMENT
.JrM
GOVERNOR 3400 W. Commercial Boulevard,Ft. Lauderdale. FIL 33309-3421
(954) 777-4128 / FAX (954) 777-4261 Toll free 1-866-336-8435
May 4, 2005
Mr. JeffTey L. Miller
City Manager
City of Tamarac
7525 N.W. ge Avenue
Tamarac, FL 33321
Dear Mr. Miller:
0
M—
<
JOSJ�, ABREU
SECRE,rAR),
P�J
E3
�_n
Re: EXECUTED LIGHTING &GREEMENT
State Road No.: 870
State Project No.: N/A
Financial Project No.: 410956-1-52-01
F.A.P. No.: N/A
County: Broward
Description: SR 870/Commercial Blvd. from NW 31 Ave to Powerline Rd.
Enclosed is an originally executed Roadway Lighting System Maintenance Agreement for your
use and file.
As you know the City of Tamarac is responsible for energy costs and maintenance once the
system is accepted from the DOT Contractor.
Thank you for your cooperation in this matter.
Sincerely,
Anne V. End ey
Utility Coordinator
AVE:bss
Enclosure
Bernard Freeman, Design; Vanita Sharma, Project Manager'. Maria Connolly. Operations
Engineer; Pete Nissen, District Maintenance Engineer; Wylie Kynard, FPL- Bonnie
Swierski; Mitchell S. Kraft, City Attorney; File
www.dotstate.fl-us
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-52
Utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10/04
Financial Project ID: 410956-1-52-01
Federal Project ID: N/A
County: Broward State Road No.: 870
District Document No:
IL���cy/Owner (UAO): City of Tamarac
THIS AGREEMENT, entered into this 13 day of rIj , year ofAQQ,�, by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT@ and City of Tamarac,
hereinafter referred to as the "MAINTAINING AGENCY":
V,T1ffkWF*&*%d:1
WHEREAS, there exists or is about to be installed on the state highway system a lighting system more
particularly describedin Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as
the Roadway Lighting System; and, -
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of the Roadway Lighting System
a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting
System throughout its expected useful life.
b, I n maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities
necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal
expected useful life in accordance with the original design thereof, whether necessitated by normal wear
and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall
not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance,
replacement of any component parts of the Roadway Lighting System (including the poles and any and
all other component parts installed as part of the Roadway Lighting System), and the locating of facilities
as may be necessary.
C, All maintenance shall be in accordance with the provisions of the following
(1) Roadway and Roadside Maintenance Procedure, Topic No. 850-000-015-,
(2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway
Construction, and
(3) All other applicable local, state or Federal laws. rules resolution, or ordinances and FDOT
procedures.
2. Operating Costs
In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be
responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of
electrical power consumed by the Roadway Lighting System and all other electrical charges.
3. Record Keeping
Page I of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-52
Utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10104
The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this
Agreement. The records shall be kept in such format as is approved by the FDOT. Ail such records shall be
deemed to be public records subject to the provisions of Chapter 119, Florida Statutes.
4. Default
In the event that the MAINTAINING AGENCY 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:
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Suspend the issuance of further permits to the MAINTAINING AGENCY 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.
C, Pursue any other remedies legally available.
d, Perform any work with its own forces or through contractors and seek repayment for the cost thereof
from the MAINTAINING AGENCY-
e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING
AGENCY's sole cost and expense -
Indemnification
FOR GOVERNMENT MAINTAINING AGENCY:
To the extent provided by law, the MAINTAINING AGENCY 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 MAINTAINING AGENCY, its agents,
employees, orcontractors during the performance of the Agreement, whetherdirect or indirect, and whetherto
any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING
AGENCY, its agents, employees, or contractors will 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.
When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING
AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the
claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY 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
MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the
FDOT in such claim as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a
claim shall not release the MAINTAINING AGENCY from any of the requirements of this section- The FDOT
and the MAINTAINING AGENCY 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 responsible for all
costs.
FOR NON -GOVERNMENT MAINTAINING AGENCY:
The MAINTAINING AGENCY 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 MAINTAINING AGENCY, 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
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PoFm No. 710-CIO-52
Utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10/04
or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or
contractors will 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 MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDOT's
option, to participate and associate with the FDCT 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 MAINTAINING AGENCY
of the FDOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for
indemnification shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and
indemnify within fourteen (14) days of such notice shall not be excused because of the MAINTAINING
AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and
determines the MAINTAINING AGENCY is not liable or determines the FDOT is solely negligent. Only a final
adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the
MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all costs and fees related to this obligation
and its enforcement by the FDOT. The FDOT's delay in notifying the MAINTAINING AGENCY of a claim shall
not release the MAINTAINING AGENCY of the above duty to defend.
6. Force Majeure
Neither the MAINTAINING AGENCY 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.
Miscellaneous
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 MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility
Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists,
this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals,
policies, and procedures will be provided to the MAINTAINING AGENCY upon request,
b. 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 provisions
hereof.
c- Time is of the 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
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT 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:
Page 3 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No, 710-010-52
UtIlItfas
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 10/04
If to the MAINTAINING AGENCY�
City Manager with a copy to City Attorney
7525 NW 88"' Avenue
Tamarac, FIL 33321
If to the FDOT
Maria Connolly, PE
Fort Lauderdale Operations Engineer
5548 NVV 9 th Avenue, Fort Lauderdale, FL 33309
PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person oraffiliatewho has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORYTWO for a
period of 36 months from the date of being placed on the convicted vendor list-
f- An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity.
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY 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
MAINTAINING AGENCY 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�
M No changes have been made to this Forms Document and no Appendix entitled "Changes to Form
Document" is attached.
Z 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 71.0-010-52
utilities
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 1 01C4
IN WITNESS WHEREOF, the pates hereto have executed this Agreement effective the day and year first
written.
MAINTAINING AGENCY
BY: (Sianature
(Typed Name. J:oe,/Schreiber
(Typed Title-:___Aaypr ...
Recommend Approval by the District Utility Office
BY: (Sianat�ure)
(Typed Name:
FDOT Legal Review
DATE: 4/13/05
(Typ"2ftName'-. / Jeffrey L. Miller)
(Typed Title: City Manager
DATE:
)ew
BY; (Signat r DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Sianature
DATE:_V,3 / 2,0 05
(TypedName:-) k6siglh Qvil'ra
i-A
(Typed Title:
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name:
(Typed Title: _)
Page 5 of 5
EXHIBIT A
The Maintainin- Aaency will maintain the proposed roadway lighting along Commercial
t7) ZD
Boulevard (SR 870) from Sta. 401+08.00, 73,0 LT CIL Construction (Just East of NW 31
Avenue) to Sta. 440+27.00, 58.65 LT C/L Construction (Just West of Prospect Road), as
depicted on the lighting plans (Pole No. I thru Pole No. 10 — Circuit No. A-1, Pole No.
I I thru Pole No. 19 — Circuit No. A-2, Pole No. 20 thru Pole No. 30 — Circuit B-t, and
Pole No. 31 thru Pole No. 36 — Circuit No. B-2) for Financial Project ID 410956-1-52-01.
CHANGES TO FORMS DOCUMENTS
TO
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT
FOR CITY OF TAMARAC PUBLIC WORKS DEPARTMENT
Part 5 is modified by the following:
"Notwithstanding anything contained within paragraph 5 to the contrary, MAINTAINING
AGENCY does not waive sovereign immunity, and recovery shall be limited to the
amounts provided in Section 768.28, Florida Statutes."
4
Temp Reso. #10670
March 8, 2005
Revision 1 - March 30, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005 66
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE UPGRADE OF NINETEEN
(19) STREET LIGHTS AND THE INSTALLATION OF AN ADDITIONAL
SEVENTEEN (17) STREET LIGHTS ALONG COMMERCIAL
BOULEVARD FROM NW 31 ST AVENUE TO PROPSECT ROAD BY
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER
INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO MAINTAIN SAID STREET LIGHTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Public Works Department currently maintains approximately one
hundred and fifty (150) street lights within the City of Tamarac including fifty (50) along
Commercial Boulevard; and
WHEREAS, according to the State of Flodda Department of Transportation Lighting
Analysis, illumination levels have been determined to be below acceptable levels within
the project limits; and
WHEREAS, the State of Florida Department of Transportation has proposed the
upgrade of street lights located on Commercial Boulevard from NW 31" Avenue to
Prospect Road as part of their Commercial Boulevard improvement Project, said lighting
Plans hereto attached as Exhibit 1; and
WHEREAS, the State of Florida Department of Transportation proposes that the City
Iof Tamarac assume maintenance responsibilities of the aforementioned street lights; and
Temp Reso. #10670
March 8. 2005
Revision 1 — March 30, 2005
Page 2
WHEREAS, the City of Tamarac has routinely accepted maintenance of street lights
in conjunction with Broward County or Florida Department of Transportation improvement
projects; and
WHEREAS, the City of Tamarac currently maintains nineteen (19) street lights in this
same location and the acceptance of this agreement would allow for the replacement of
these existing street lights as well as the addition of seventeen (17) more for a total of
thirty-six (36): and
WHEREAS, energy required to operate these additional seventeen (17) street lights
would result in an a minimal additional annual expense: and
WHEREAS, annual funding to absorb this minimal increase exists in the general
fund account entitled "Electricity -Streets" for said purpose; and
WHEREAS, maintenance of these street lights will be performed on an as needed
basis by companies with which the City of Tamarac has open purchase orders that
appear to be sufficient at this time; and
WHEREAS, The Director of Public Works recommends the upgrading and
installation of the streetlights and the execution of the agreement with the State of Florida
Department of Transportation to maintain the proposed thirty-six (36) street lights; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the Citizens and residents of the City of Tamarac to upgrade the
existing nineteen (19) streetlights and install an additional seventeen (17) streetlights and
to execute an agreement with the State of Florida Department of Transportation to
maintain the aforementioned street lights.
Temp Reso. #10670
March 8, 2005
Revision 1 — March 30, 2005
Page 3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA THAT:
5ECTION 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 upgrade of the existing nineteen (19) street lights and installation
of an additional seventeen (17) street lights along Commercial Boulevard from NW 31st
Avenue to Prospect Road by the Florida Department of Transportation is HEREBY
approved.
SECTION 3: The appropriate City officials are HEREBY authorized to execute the
"Roadway Lighting System Maintenance Agreement" with the Florida Department of
Transportation, hereto attached as Exhibit 2.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not effect other provisions or
application, and to this end the provisions of this resolution are declared to be severable.
I
Temp Reso. #10670
March 8, 2005
Revision 1 — March 30, 2005
Page 4
SEQTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED THIS 13"day of April, 2005.
ATTEST;
MARION, VVENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
L MITP Ell��-S, WAFT
CITY ATTORNEY
)INV,
JOSEPH SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A\fe-
DIST 11: COMM. PORTNER . e-
DIST 2: V/M TALABISCO A,, i
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS Z:hLe.