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HomeMy WebLinkAboutCity of Tamarac Resolution (12)January 9, 2002 -Temp. Reso. #9626 Page 1 of 4 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC IMPROVEMENT PERFORMANCE BOND # 1046088 FROM XL SPECIALTY INSURANCE COMPANY AS SURETY, IN THE AMOUNT OF $12,636.00 POSTED BY WEINTRAUB DEVELOPMENT CORPORATION FOR PAVING, SIDEWALK AND CURB IMPROVEMENTS AT THE POINTE VILLAS PROJECT LOCATED ON THE SOUTH SIDE OF NW 77TH STREET BETWEEN NOB HILL ROAD AND NW 96TH AVENUE, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $3,159.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Weintraub Development Corporation has constructed paving, sidewalk and curb improvements at the Pointe Villas project in accordance with the Site Plan approved by the City Commission on June 28, 1995 through resolution number R-1995- 150; and WHEREAS, pursuant to Section 10-156(a) of the City Code, Weintraub Development Corporation submitted a Public Improvement Performance Bond # 1046088 from XL Specialty Insurance Company as Surety, in the amount of $12,636.00, a copy of which is attached hereto as "Exhibit A", for improvements within the right of way; and WHEREAS, the paving, sidewalk and curb improvements were inspected and found to be in accordance with the approved Engineering plans; and January 9, 2002 -Temp. Reso. #9626 Page 2 of 4 WHEREAS, Weintraub Development Corporation has requested the release of this Public Improvement Performance Bond # 1046088 from XL Specialty Insurance Company as Surety, in the amount of $12,636.00, a copy of which is attached hereto as "Exhibit A"; and WHEREAS, Section 10-156(b) of the City Code requires that the Public Improvement Performance Bond be released subject to the receipt of a one-year Warranty Bond in the amount of twenty five percent (25%) of the original bond to the City Of Tamarac for the construction of paving, sidewalk and curb improvements for the Pointe Villas project; and WHEREAS, it is the recommendation of the Director of Public Works and the Assistant City Engineer that the Public Improvement Performance Bond be released for the Pointe Villas project for paving, sidewalk and curb improvements, subject to the receipt of a one-year Warranty Bond from Weintraub Development Corporation; 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 release the Public Improvement Performance Bond # 1046088 from XL Specialty Insurance Company as Surety, in the amount of $12,636.00 for the construction of paving, sidewalk and curb improvements of the Pointe Villas project, subject to the receipt of a one-year Warranty Bond in the amount of $3,159.00, from Weintraub Development Corporation. 1 January 9, 2002 -Temp. Reso. #9626 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to release Public Improvement Performance Bond # 1046088 from XL Specialty Insurance Company as Surety, in the amount of $12,636.00, for the construction of paving, sidewalk and curb improvements subject to the receipt of a one-year Warranty Bond in the amount of $3,159.00 for the Pointe Villas project in accordance with Section 10-156(b) of the City Code. Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. 1 January 9, 2002 -Temp. Reso. #9626 Page 4 of 4 Section 5 and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED, AND APPROVED this 9" day of January, 2002. A JOE SCHREIBER MAYOR ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOILUTION as to form. 11-CHELL S. WF CITY ATTOWEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A M DIST 1: COMM. PORTNER Aye, DIST 2: COMM. MISHKAIN e. DIST 3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS A el LJ fl 1 Temp. Reso. #9626 Page 1 of 9 XL Specialty Insurance Company Coral Springs, Florida To be attached to and form a part of Bond No. X 0 3 5 5 5 Issued on behalf of WEINTRAUB DEVELOPMENT CORPORATION as Principal, to C I TY OF TAMARAC as Obligee. It is hereby understood and agreed that the bond is changed or revised as follows: Bond number changed from: X03555 to: 1046088 All other terms, conditions and exclusions remain unchanged. This rider shall become effective as of 0 s 0 2 2 0 01. IN WITNESS WHEREOF, XL Specialty Insurance Company has caused its Corporate Seal to be hereunto affixed this 9 th day of May 2001. S u R Fry EXHIBIT Temp. Resa. #9626 Page 2 of 9 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint Dennis B. Wills and Doris Wells as employees of XI. Specialty Insurance Company, its true and lawful Attorney(s)-in-Fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00, and any and all consents required incident to the release of retained percentages and/or final estimates as required by Surety Obligees. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. 'Phis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988. "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED, That the signature of Stanley A. Galanski, as President of this Corporation, and the seal of this Corporation may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." iN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January, 2000. XL SPECIALTY INSURANCE COMPANY BY: 9 PRESIDENT �i`OR9Tf n� � Attest: INO SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 3rd day of January, 2000, before me personally came Stanley A. Galanski to me known, who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: OFFICIAL SEAL JOETTE R. CASTRO NOTARY PUBLIC, STATE OF ILLINOIS V COMMI%ftSSION EXPIRES- 12M 3M--------------- (�o NOTARY PUBLIC STATE OF ILLiNOIS COUNTY OF COOK ss. i, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. 1- iN WITNESS WHEREOF, i have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this �day of 20V, �,�xNMlu„4xr6 U• saV'"��tattlr 9_ -cn •. �Gl•1 L.� WIi11111".00 fyCINt:7y1��{;�I fXlillill "A" Temp. Keso.412629 Preferred National Insurance Company Page 3 of s Coral Springs, Florida BOND RIDER To be attached to and form a part of Bond No. X 0 3 5 5 5 Issued on behalf of WEINTRAUB DEVELOPMENT CORPORATION as Principal, to C I TY OF TAMARAC as Obligee. It is hereby understood and agreed that the bond is changed or revised as follows: Name of Surety changed from: Preferred National Insurance Company to: XL Specialty Insurance Company All other terms, conditions and exclusions remain unchanged. This rider shall become effective as of 0 8 f 0 2 f 2 0 01 . IN WITNESS WHEREOF, Preferred National Insurance Company has caused its Corporate Seal to be hereunto affixed this 9 th day of MaV 2001. National Insurance Company . e�� ; ims B. WUls, orney- - a( EXHIBIT "A" Preferre(' National insurance #9626 Coral Springs, Florida Page 4 of 9 POWER OF ATTORNEY �iCITfu 4 Agn A� 194PSla VrRSEICfS; That Preferred National Insurance Company, a corporation of the State of Florida, by John K. Latham,President, and Dennis B. Wills, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By -Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE XI, SECTION 2 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Dennis B. Wills its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: Three Million Dollars ($3,000,000) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as If they have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and Is now in force. IN WITNESS WHEREOF, the said President and Secretal-y' oreGhtb tabscribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 1 st day of August, 9 e"''... `'•. ATTES7. Pry fled National Insurance Company ,n 1988 Secretary " ,a•}� President STATE OF FLORIDA ) ss: '�`,+'�,„*,,,,,�''"`�k`~,• CITY OF CORAL SPRINGS ) On this 1st day of August, A.D., 1998, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and satth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the Corporate Seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. r WiNDYA.L?EL.SC?►� ��LIMi� 71OD1 I�INII�dp� � CERTIFICATE l� tCt tPilCiePa r— 1, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article XI, Section 1 & 2 of the By -Laws of the Preferred National Insurance Company. ,`.�••; ��. 1 fir. ;+,:'''�. This Certificate may be signed by facsimile under and by authorty; mihe•followir 'resolution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 1st day o �b6tj t.1J98 Resolved, Article XI, Section 2, "that the facsimile or mecYia ically r�' c�'cii� ei� signatupe -of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any~p�2wer of �c me� I''ued by_flie Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" ;L tx:, 6;" g ;` IN TESTIMONY WHEREOF, I have hereunto subscribed n Zorpo rate Seal of the said Company, this........ day of /VJ/�/.(/^✓/� PNI-PA-101 (9/98) Secretary � EXHIBIT "A" P »1C T;W. W1J. 26 BOND u X035ftgeS09 I`�iFI�Ff'��F'��•3�����Z�l���v��;i�����1!=Y� iv_:_� t � KNOW ALL MEN BY THESE PRESENT'S: That WEINTRAUB DEVELOPMENT CORP. LONSDALE DEVELOPMENT CORP. ,GRACLARK,INC. and DEERCOM,INC. having an address of 7760 WEST 20th AVE. SUITE #1 HIALEAH, FL. 33016 as Principals, and PREFERRED NATIONAL INSURANCE COMPANY having an address of 210 University Dr. Ste 900 Coral Springs, Florida 33071 �� a corporation, existing under the laws of the State of Florida, and having heretofore complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a Municipal Corporation of the State of Florida, having an address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just sum of TWELVE THOUSAND SIX HUNDRED THIRTY SIX AND 00/100 -------------------------------------------------- Dollars ($ 12,636.00 ),lawful money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themselves, their hairs, executors, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. WHEREAS, the said Principal is required to furnish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit "A" attached) and on plans prepared by CONSUL -TECH ENGINEERING, INC. and approved by the City Engineer .or his designee on MAY 8 19 96 for the POINT VILLAS Project —and to comply with requirements of Tamarac City Code Section 10-156. 950814 1 SURETY EXHIBIT "A" Temp. Reso. #9626 Page 6 of 9 The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 1. The drawing is due to failure to construct the public improvements; 2. That the developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended; or 3. That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1) year each unless the said Surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must be provided at least sixty (60)days prior to the expiration date of the original term hereof or any one (1) year term, or unless the City of Tamarac returns the original letter of credit together with notification that it may be terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10-156. 950814 2 SURETY EXHIBIT "A" Temp. Reso. #9626 Page 7 of 9 instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this 2djd_ day of May 1g96 SIGNED AND SEALED IN THE PRESENCE OF: ,fliC�rr=L Rom, Z (As to Principal) Preferred National Insurance Co. 1A iF- I k TR*O P? I)r=- \1 ML.o P.-Ae4n Coe p LoAts.nAt-� J)EYr,LaPrne.ir Corr.{ C-,a A c,L ara. L w G, -D1EE iZGoNM , I'AC . A v Pe-S,4-'; (Title) for the President n Samuel Weintraub Attested by Alma Weintraub Ec9-r---T4" (Title) Donald A. Chinni Attorney ,in Fact- for Surety t A Cen urydF1KancaWVrv?'ceslck 185 NW Spanish River Blvd Ste 170 Boca Raton, F1 33431 407 362-0111 (Title) NOTE: The respective corporate seals should be affixed: Approved as to Form Approved as to Content City Attorney City Engineer 950814 3 SURETY EXHIBIT "A" Preferre _. National Insurance _.one #9626 Coral Springs, Florida age 8 of 9 POWER OF ATTORNEY �k_110W ?III fkU VV Zb1MR,' PrIZIZITLS; That Preferred National Insurance Company, a corporation of the State of Florida, by Stephen Weicholz, President, and Helene Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By -Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE XI, SECTION 2 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Donald A. Chinni its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they has been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 8th day of Septembg, ,1sf,,.. sty , ATTEST: 'Preferred NatiofiaTlnsurance Company r Secretary o ` President STATE OF FLORIDA } ss' .•„. ":,rM., ,,,, :^; CITY OF CORAL SPRINGS On this Sth day of September, A.D., 1989, before the subsc iotaiy Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. ° Notary Public Commission Expires May 24, 1993 CERTIFICATE 1, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article XI, Section 1 & 2 of the By -Laws of the Preferred National Insurance Company. This Certificate may be signed by facsimile under any by authority of the following resolution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 8th day of September, 1989 Resolved, "That the facsimile or mechanically reproduced'signature of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" IN TESTIMONY WHEREOF, I have hereunto subscribed -my name and affixed the Corpor a Seal of the said Company, this......}... ........ day of ................... 19.......�" -1� � Sr secretary PNI-PA-tot (11189) CERTIFIED COST ESTIMATE EXHIBIT " AO Temp. Reso. #9626 Page 9 of 9 Page i of 9 PROJECT NAME: Pointe Villas CTE #93-1215 DEVELOPER: The Weintraub Companies Site Paying and Drainage Sewa a Collection Water Distribution Sidewalks, Curb & Gutter Street, Median cuts (See Clearing and EES ARE TOTAL COST Private Public % Fee 13,882.00 1,125.00 7.15 85,035.00 871.00 8.25 47,915 8.50 8.25 38, 377.50 7.15 46,654.00 4,640.00 8.25 Each 59000.00 7.15 2.00 10,200.00 1 000.00 7.15 155,771 98,932 FEE AMOUNT Private Public 992.56 80.44 7,015.39 71.86 3,953.28 2,743.99 3.848.96 382.80 729.30 357.50 71.50 t/ 661.37 TAL Fee: $20, 247.58 ELESSfees reel id: -0-- 20 247.58 CERTIFICATE: TAMANU U ?- 414; i I L-,.- I hereby certify that this estimate is true and oorred to the best of my knowledge and belief and represents the total site development costs for qqthe IxolWConsul-T Ennee ng, Inc. Date Wm. M. Fenno, P.E. Project Engineer 43934 Reg. No. Public Improvement Performance Bond from "b)" above: Bond "A" (Water/Sewer) _ $86, 296.00 Cost $98,932.00 x100% $98,932.00 Bondi"B" (Public Imp.) = $12,636.00 Approved b Y tf�e CitY ng E tneer: �;-� .c /� , "✓�,Z%1� Date: Remarks: 'Streets more than 2 years old, $50.00 x number of lanes Medians cut with stacking lane, $250.00 x number of median cuts Median cut w/o stack lane, w/curb cut, $200.00 x no of median cuts C____._ r� _ Median cut w/o stack lane or curb cut, $50.00 x no of median cuts Jack and Bore, 75% of above (Reso.83-130) • 9 OS/rnf 1W94 Amendment to The Maintenance Memorandum Of Agreement between the State of Florida Department of Transportation and the City of Tamarac Whereas, the Department of Transportation and City of Tamarac, the parties entered in an Agreement on this 17 day of September 1999 for the construction and maintenance of a landscaping/irrigation project from Rock Island Road to Prospect Road, funded under Florida Highway Beautification Council Grants Program and District Contract AH62, Whereas, after the execution of this Agreement, it was determined that the Department was to reconstruct portions of Commercial Boulevard and such activities would interfere with the installment of landscaping and irrigation within the project limits; and Whereas, the City of Tamarac and the Department agreed to a suspension of the project on July 12, 2000, until such time as the Department's construction project was completed; and Whereas, the Department incorporated the City's landscape/irrigation design into the construction project referenced and desires to amend the contract to provide for the City's acceptance of the project and maintenance responsibilities for same as outlined in the original Agreement; and Whereas, the remaining portions of the project limits will remain suspended until such time as the Department's project is completed; and Whereas, upon completion of the Department's projects, the City shall install the landscaping/irrigation in remaining portions of the projects limits and shall maintain same all in accordance with the terms and conditions of the original Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: l . City shall provide the Department with a letter approving the plans for Commercial Boulevard to be constructed under State Project Number 86014-3518, Financial Project Number 228174 15201, which reflect the proposed construction of irrigation and landscaping within the Departments construction project. 2. City agrees that upon final acceptance of the Department's construction project, it shall maintain the landscaping/irrigation in accordance with the terms and conditions of the original Agreement dated September 17, 1999. 3. Upon completion of the Department's construction project, the City shall commence installation of the remaining portion of the Project in accordance with the approved plans and shall maintain the entire project in accordance with the terms of the original Agreement. 4. Except as modified herein, all terms and conditions of the original Agreement dated September 17, 1999, between the Department and the City of Tamarac shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and State of Florida Department of Transportation (FDOT) signing by and through its District Secretary, duly authorized to execute the same. ATTEST: Marion Sw nson, CIVIC City Clerk. 0� DATE CITY OF AMARAACC} BY: e Schreiber, Mayor DATE: 4-2- S- O 2- Jeff%Lflbep",�`City Manager DATE:—4-'2G-02 STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT�o ATTEST: 71 �r District Secretary _. Rick Ch sse , ar, G �9�Yir-mac° DATE: Type/Print Name (SEAL) - A-V RCCt=1'/� llf i xida Department of Transportation r,I� �.. Y OFTA. ��, THOMAS F. BARRY, )R. GOVERNOR SECRETARY UTILITIES/PROJECT MANAGEMENT 3400 W. Commercial Boulevard (954) 777-4125 FAX (954) 777-4261 (866) 336-8435 May 15, 2002 Mr. Jeffrey Miller City Manager City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321-2401 Dear Mr. Miller: Re: EXECUTED LIGHTING AGREEMENT State Road No.: 870 State Project No.: 86014-3518 Financial Project No.: 228174-1-52-01 F.A.P. No.: N/A County: Broward Enclosed is an originally executed Roadway Lighting System Maintenance Agreement for your use and file. As you know the City of Tamarac will be responsible for energy costs and maintenance once the system is accepted from the DOT Contractor. Thank you for your cooperation in this matter. Sincerel ; Anne V. Endsley Utility Coordin or AVE:bss Enclosure cc: Bernard Freeman, Design; Ellen Daniel, Project Manager; Alaa El-Halwagy, Resident Engineer; Barbara Ray, Resident Maintenance Engineer; Bob Hepler, FPL; Bonnie Swierski; File www. d ot. state.fl. u s ® RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT UTILITIES 10/01 Page 1 of 4 Financial Project ID: 228174-1-52-01 Federal Project ID: N/A Work Program Item No. (old): 4111039 County/Section No: Broward / 52 State Job No. old : 86014-3518 District Document No: THIS AGREEMENT, made and entered into this day of year of 2 C 02 , by and between the STATE OF FLORIDA DEPARTMENT OF TR NSPORTATION, her fter referred to as the"FDOT", and the Citv of Tamarac , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH 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; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14-46 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; 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 The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. 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. 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 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. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. 710-010-52 UTILITIES 10/01 Page 2 of 4 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, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the 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 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 FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the 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. 710-010.52 UTILITIES 10101 Page 3 of 4 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. d. 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: If to the MAINTAINING AGENCY: City of Tamarac Jefferey L. Miller City Manager, with a copy to Mitchell S. Kraft City Attorney 7525 NW 88th Avenue, Tamarac Florida 33321 If to the FDOT: Alaa El-Halwagy Resident ngineer Avenue, Foil Lauderdale, on a 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. UTILITIES 10/01 Pape 4 of 4 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: 0 No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached. 0 No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY By: (Signature) (Typed Name: Joe Schreiber (Typed Title: Mayor ATTEST: DATE: Recommend A proval bytheDistrict Iity Office BY: (Signa /�_..,rr, ✓Y J (Typed Name &hZ, V. FDOT Legal Review BY: (Signature) District Counsel STATE OF FLORIDA DEPARTMENT OF TI BY: (Signature) (Typed Name: RICK CHESSER Jeffrey L. Miller City Manager DATE: DATE: Z_� DATE: OL (Typed Title: DISTRICT I !.,-TARY ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Signature) DATE: (Typed Name: ) 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." P:\00-0079\Changes to Form Documents —City of Tamarac Lighting Maintenance agreement.doc