Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-136Temp. Reso. No. 14026 November 8, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023- 131G A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF TAMARAC, ATTACHED HERETO AS EXHIBIT "1", AND INCORPORATED HEREIN; TO PROVIDE FINANCIAL ASSISTANCE IN THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY FOUR DOLLARS AND NO CENTS ($114,964.00), IN CONNECTION WITH FDOT'S CONSTRUCTION OF AN ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM AND ASSOCIATED UPGRADES ALONG SR-870/COMMERCIAL BOULEVARD FROM ROCK ISLAND ROAD TO SR-5/US-1 IN BROWARD COUNTY, FLORIDA; PROJECT# FM NO. 441944-1-52-01; FUNDED IN FISCAL YEAR 2023/2024; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac ("City") and Broward County transmitted the Woodlands Large Scale Land Use Plan Amendment 20-1 ESR to the Department of Economic Opportunity and the Reviewing Agencies in accordance with 163.3184(3) Florida Statutes; and WHEREAS, on November 25, 2020, FDOT issued one (1) comment and an associated recommendation urging the City to coordinate with FDOT and the Woodlands Developer/13th Floor ("Developer") regarding a proportionate fair share contribution to construct FDOT project FM#441944; and WHEREAS, The City, FDOT and Developer have met and negotiated a proportionate fair share contribution of One Hundred Fourteen Thousand Nine Hundred and Sixty -Four Dollars and No Cents ($114,964.00), based on the potential impact of the y Temp. Reso. No. 14026 November 8, 2023 Page 2 of 4 Woodlands Land Use Plan Amendment projected capacity on Commercial Boulevard and a total Project cost of Four Million Four Hundred Eighty Eight Thousand Two Hundred and Forty Seven Dollars and No Cents ($4,488,247.00) of FDOT upgrades; and WHEREAS, the Developer is obligated to pay the proportionate fair share contribution to the City through a Development Agreement between the City and Developer; and WHEREAS, the purpose of FDOT project FM#441944 is to provide an Adaptive Traffic Signal Control System, Arterial Dynamic Message Signs (ADMS), Bluetooth detectors, Closed Circuit Television (CCTV) cameras, traffic/vehicle detector upgrades and fiber optic infrastructure upgrades and expansion along Commercial Boulevard from Rock Island Road to SR-5 (US-1); and WHEREAS, the City's contribution will be specifically utilized for three intersections identified in the pro-rata Memorandum of the Woodlands development and includes the following locations: Commercial Boulevard & Rock Island Road, Commercial Boulevard & the Turnpike, and Commercial Boulevard & US441/SR 7; and WHEREAS, the item supports Goal #4 of the City of Tamarac's 2040 Strategic Plan, "Tamarac is Vibrant" as approval of the Locally Funded Agreement between Florida Department of Transportation and the City of Tamarac will provide funding towards necessary off -site roadway improvements associated with the development of the Woodlands property along Commercial Boulevard, and will enhance the overall functionality of the roadway signal infrastructure; and WHEREAS, the Community Development Director recommends the approval of the Locally Funded Agreement with FDOT with a contribution in the amount of Temp. Reso. No. 14026 November 8, 2023 Page 3 of 4 $114,964.00 for implementation of project FM 441944-1-52-01 commencing Fiscal Year 2023/2024; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City to contribute to the implementation of FDOT Project FM 441944-1-52-01 by entering into the Locally Funded Agreement with FDOT for the Project Description defined in Exhibit "I" attached hereto and incorporated herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission approves the Locally Funded Agreement with FDOT with a contribution in the amount of $114,964.00 for implementation of project FM 441944-1-52-01 commencing Fiscal Year 2023/2024, and further authorizes the appropriate City officials to execute the Locally Funded Agreement with FDOT, a copy of which is attached hereto as Exhibit 1". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. No. 14026 November 8, 2023 Page 4 of 4 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF NoU('l fie/_ -- ATTEST: AKI BERL DILL MC CITY CLERK MICR LLE J. GOMEZ LIT MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ 145-S DIST 1: V/M. BOLTON No DIST 2: COMM. WRIGHT 116S DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE F THIS CITY OF TAMARAC ONLY. HAKS O I OT CITY ATTORNEY FM No: 441944-1-52-01 FEID No. F-591-0395-552 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this '? day of Nkyal_&-r 20 ot3 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and City of Tamarac located at 7525 NW 88t' Avenue, Tamarac, FL 33321, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the PARTICIPANT is providing the DEPARTMENT with financial assistance in connection with the DEPARTMENT's construction (installation) work/upgrades of and Adaptive Traffic Signal Control System along SR-870/Commercial Blvd. from Rock Island Road to SR-5/US-1 in Broward County, Florida (Financial Management (FM) No(s). 441944-1-52-01; Funded in Fiscal Year 2023/2024) as set forth in Exhibit A, attached hereto and made a part hereof; and WHEREAS, PARTICIPANT's financial assistance will contribute to upgrading the signal system infrastructure along Commercial Blvd. The funding will specifically be utilized for the three intersections identified in the pro-rata Memorandum of the Woodlands development. All three intersections (Rock Island, Turnpike, and US 441/SR-7) fall within the limits of the City of Tamarac (Financial Management (FM) No(s). 441944-1-52-01; Funded in Fiscal Year 2023/2024) and hereinafter referred to as the Project; and WHEREAS, the Project is in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; WHEREAS, the PARTICIPANT by Resolution No. 2023- 13 (v dated the 9 ' day of Wyir�114L2eZ— 20X5 , a copy of which is attached hereto as Exhibit "B" and made a part hereof, authorizes the Mayor, Vice -Mayor, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines, and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no cost to the DEPARTMENT. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT's input in its decisions. Page 1 of 10 5. The total cost for the Project is estimated to be FOUR MILLION FOUR HUNDRED EIGHTY EIGHT THOUSAND TWO HUNDRED FORTY SEVEN DOLLARS AND NO CENTS ($4,488,247.00). The PARTICIPANT'S share for the Project is estimated to be ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY FOUR DOLLARS AND NO CENTS ($114,964.00), which sum shall be paid to the DEPARTMENT. The PARTICIPANT'S payment is non-refundable. In the event the actual cost of the Project is less than the PARTICIPANT payment, the difference shall be retained by the DEPARTMENT to cover costs associated with the DEPARTMENT'S construction work. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the PARTICIPANT, then any additional cost shall be the sole responsibility of the DEPARTMENT. A. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY-FOUR DOLLARS AND NO CENTS ($114,964.00) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the DEPARTMENT's Work Program. Remittance shall be made payable to the "Department of Transportation." Payment shall be clearly marked to indicate that it is to be applied to FM No. 441944-1-52- 01. The DEPARTMENT shall utilize this amount towards costs of Project No. 441944- 1-52-01. Payment shall be mailed to: Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may also submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 State of Florida Department of Financial Services Bureau of Collateral Management Re: DOT — K 11-78, Financial project # # 441944-1-52-01. In order for DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Page 2 of 10 Once the wire transfer is complete, please contact Ms. Jennifer Bennett at 850-414- 4861. In addition to calling Ms. Bennett, the PARTICIPANT shall send an email notification to D4-Ifa@dot.state.fl.us stating the day and time the wire transfer was sent. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County, Florida. 7. This Agreement and any interest herein shall not be assigned, transferred, or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 441944-1-52-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. The PARTICIPANT / Vendor/ Contractor (if applicable): (A) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT/ Vendor/Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 3 of 10 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Robert Lopes, P.E. A second copy to: Office of the District Counsel If to the PARTICIPANT: City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Attn: Maxine Calloway Director, Community Development With a copy to: Attorney This page is intentionally left blank. Page 4 of 10 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution Number A-aOa3 — /3 (c, , hereto attached. CITY OF TAMARAC BY: J NAME: 4 7— TITLE: f(f 'j Qk- ��-�A'MAR ATTEST: U \SN�O •••: p �S� P��63 • o� - o CITY CLERK ' ""'►► ` STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION M3 STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT OFFICE OF THE DISTRICT LEGAL COUNSEL la APPROVED: APPROVED: BY: DISTRICT PROGRAM MGMT. ADMINISTRATOR Page 5 of 10 EXHIBIT "A" SCOPE OF SERVICES Commercial Boulevard Adaptive FM # 441944-1-52-01 & 441944-2-52-01 I. PURPOSE: The funding will contribute to project 441944-1 upgrading the signal system infrastructure along Commercial Blvd. The funding will specifically be utilized for the three intersections identified in the pro-rata Memorandum of the Woodlands development. All three intersections (Rock Island, Turnpike, and US 441/SR-7) fall within the limits of the City of Tamarac. The purpose of the Signal system upgrades being performed as part of 441944-1 are a reduction in the expected crashes along the corridor, per safety program recommendations developed in 2016. Although the upgrades will also benefit the average delay per intersection, it has not been evaluated or designed to reduce the delay associated with the Woodlands Development project. II. PROJECT DESCRIPTION The purpose of this project is to provide an Adaptive Traffic Signal Control System, Arterial Dynamic Message Signs (ADMSs), Bluetooth detectors, Closed Circuit Television (CCTV) cameras, traffic / vehicle detector upgrades and fiber optic infrastructure upgrades and expansion along Commercial Boulevard from Rock Island Road Blvd to SR-5 (US-1). Proposed system improvements and upgrades for Financial Management (FM) 441994-1 and 441994-2 shall include, but not be limited to the following: FPID: 441994-1 -- SR 870 (Commercial Blvd.) Rock Island to US-1 Adaptive traffic signal upgrades to include a SynchroGreen system, traffic detection (stop bar, advance) upgrades and automated traffic signal performance measures (ATSPM) functionality, as required, at the following 7 signalized intersections. All existing controllers are 2070 version 1 C as verified by Broward County. Controller Manufacturer verified that 2070 version 1 C or above is required to support ATSPM. Existing traffic signal cabinets, supporting infrastructure and equipment will be field verified and inventoried to determine necessary improvements. Said improvements may include new cabinets/additional detection. Site No. Intersection Proposed System Improvements & Upgrades 1 NE 61 Avenue Adaptive Traffic Control System & Detection 2 N. Dixie Highway Adaptive Traffic Control System & Detection 3 NE 15' Avenue Adaptive Traffic Control System & Detection 4 NE 18'h Avenue Adaptive Traffic Control System & Detection 5 NE 18' Terrace (Emergency Signal) Adaptive Traffic Control System & Detection 6 NE 201 Avenue Adaptive Traffic Control System & Detection 7 SR-5 Adaptive Traffic Control System & Detection Page 6 of 10 FPID: 441994-1 and 441994-2 -- SR 870 (Commercial Blvd.) Rock Island to Andrews Adaptive traffic signal upgrades to include a SynchroGreen system, traffic detection (stop bar, advance) upgrades and automated traffic signal performance measures (ATSPM) functionality, as required, at the following 17 signalized intersections. All existing controllers are 2070 version 1C as verified by Broward County. Controller Manufacturer verified that 2070 version 1 c or above is required to support ATSPM. Existing traffic signal cabinets, supporting infrastructure and equipment will be field verified and inventoried to determine necessary improvements. Said improvements may include new cabinets/additional detection. Site No. Intersection Proposed System Improvements & Upgrades 1 Rock Island Road Adaptive Traffic Control System & Detection 2 NW 50'h Avenue Adaptive Traffic Control System & Detection 3 NW 49' Avenue Adaptive Traffic Control System & Detection 4 Florida Turnpike Adaptive Traffic Control System & Detection 5 NW 47'h Terrace Adaptive Traffic Control System & Detection 6 Mainland Drive Adaptive Traffic Control System & Detection 7 SR-7 Adaptive Traffic Control System & Detection 8 NW 37'h Avenue Adaptive Traffic Control System & Detection 9 NW 33rde Avenue Adaptive Traffic Control System & Detection 10 NW 31 s' Avenue Adaptive Traffic Control System & Detection 11 Prospect Road Adaptive Traffic Control System & Detection 12 NW 21s' Avenue Adaptive Traffic Control System & Detection 13 NW 15'h Avenue Adaptive Traffic Control System & Detection 14 Powerline Road Adaptive Traffic Control System & Detection 15 1-95 South Off -Ramp Adaptive Traffic Control System & Detection 16 1-95 North On -Ramp Adaptive Traffic Control System & Detection 17 N Andrews Avenue Adaptive Traffic Control System & Detection FPID: 441994-1 -- SR 870 (Commercial Blvd.) Rock Island to US-1 New Bluetooth Detectors will be included at up to 9 locations to be determined at a later date. CCTV Camera Upgrades will include video coverage at 1) each signalized intersection from Rock Island to US-1, 2) Intracoastal drawbridge and 3) Railroad crossing just east of 1-95. The following locations will be included: Site No. Intersection Proposed System Improvements & Upgrades 1 Rock Island Road CCTV 2 NW 50'h Avenue CCTV 3 NW 49'h Avenue CCTV 4 1 Florida Turnpike CCTV 5 NW 47'h Terrace CCTV 6 Mainland Drive CCTV 7 SR-7/US-441 CCTV 8 NW 37'h Avenue CCTV Page 7 of 10 9 NW 33rde Avenue CCTV 10 NW 31" Avenue CCTV 11 Prospect Road CCTV 12 NW 21 ItAvenue CCTV 13 NW 15' Avenue CCTV 14 Powerline Road CCTV 15 1-95 South Off -Ramp CCTV 16 1-95 North On -Ramp CCTV 17 N Andrews Avenue CCTV 18 NE 61 Avenue CCTV 19 N. Dixie Highway CCTV 20 NE 151 Avenue CCTV 21 NE 18' Avenue CCTV 22 NE 18t1' Terrace (Emergency Signal) CCTV 23 NE 201 Avenue CCTV 24 SR-5 CCTV 25 Intracoastal Drawbridge CCTV 26 Railroad Crossing CCTV FPID: 441994-1 -- SR 870 (Commercial Blvd.) Rock Island to US-1 Arterial Dynamic Message Signs (ADMS) will include the following locations: Site No. ADMS Location Proposed System Improvements & Upgrades 1 Rock Island facing Eastbound 1. New arterial DMS with cantilever structure traffic 2. New cabinet and ADMS controller 3. Electrical service drop 2 US-1 on the Eastbound traffic 1. New arterial DMS with cantilever structure 2. New cabinet and ADMS controller 3. Electrical service drop Fiber optic communications infrastructure and network upgrades will include the following work by segment for each FPID. Fiber optic upgrades would be shared between the DEPARTMENT District Four and Broward County Traffic Operations (16 fiber buffer tubes or 192 strands would be designated for FDOT D4 exclusive use while 8 fiber buffers or 96 strands would be designated for Broward County exclusive use). Splice vaults and pull boxes would be shared boxes. The Department and County would provide fiber drop cables to their respective cabinets. FPID: 441994-1 -- SR 870 (Commercial Blvd.) Rock Island to US-1 Segment No. Segment Limits Proposed Communications Improvements & Upgrades 1 University to Rock New 3-inch conduit, pull boxes / splice vaults only. Island Fiber (Not Integrated) 2 Andrews Ave to US-1 1. Proof existing County conduit system, inspect existing pull boxes and splice vaults 2. New Fabric type innerduct pulled into existing conduit with new fiber optic cable 3. New 288-str SM fiber optic cable pulled into fabric Page 8 of 10 innerduct 4. New Fiber drop cable, FPP, network switch in upgraded traffic signal cabinets and new ADMS cabinets FPID: 441994-2 -- SR 870 (Commercial Blvd.) Rock Island to Andrews Segment Segment Limits Proposed Communications Improvements & No. Upgrades 1 Rock Island to Turnpike 1. New 3-inch conduit, pull boxes / splice vaults 2. New 288-str SM fiber optic cable 3. New Fabric type innerduct pulled into new conduit 4. New 12-str Fiber drop cable, FPP, network switch in upgraded traffic signal cabinets 2 Turnpike to 21st. 1. New 3-inch conduit, pull boxes / splice vaults 2. New 288-str SM fiber optic cable 3. New Fabric type innerduct pulled into new conduit 4. New 12-str Fiber drop cable, FPP, network switch in upgraded traffic signal cabinets 3 21 st Ave to Andrews Ave 5. Proof existing County conduit system, inspect existing pull boxes and splice vaults 6. New Fabric type innerduct pulled into existing conduit with new fiber optic cable 7. New 288-str SM fiber optic cable pulled into fabric innerduct 8. New Fiber drop cable, FPP, network switch in upgraded traffic signal cabinets and new ADMS cabinets Page 9 of 10 EXHIBIT "B" CITY OF TAMARAC RESOLUTION Page 10 of 10