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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.