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HomeMy WebLinkAboutCity of Tamarac Resolution (23)Temp Reso. #9640 December 11, 2001 Revision 1 — December 21, 2001 Revision 2 — December 27, 2001 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE UPGRADE OF THIRTY- TWO (32) STREET LIGHTS AND THE INSTALLATION OF AN ADDITIONAL EIGHTEEN (18) STREET LIGHTS ALONG COMMERCIAL BOULEVARD FROM THE FLORIDA TURNPIKE TO NW 31ST AVENUE BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A ROADWAY LIGHTING SYSTEM MAINTENANCE 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 thirty (130) street lights within the City of Tamarac including thirty-two (32) 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 the Florida Turnpike to NW 315t Avenue as part of their Commercial Boulevard Improvement Project, 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. #9640 December 11, 2001 Revision 1 — December 21, 2001 Revision 2 — December 27, 2001 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 thirty-two (32) 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 eighteen (18) more for a total of fifty (50); and WHEREAS, energy required to operate these fifty (50) street lights would result in an additional annual expense in the amount of approximately $2,000; and WHEREAS, sufficient funding exists in the Fiscal Year 2002 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 sufficiently budgeted at this time; and WHEREAS, The Director of Public Works recommends authorizing the upgrade of the thirty-two (32) street lights and the installation of an additional eighteen (18) street lights along Commercial Boulevard from the Florida Turnpike to NW 31 st Avenue by the Florida Department of Transportation and enter into a Roadway Lighting System Maintenance Agreement with the Florida Department of Transportation; 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 authorize the Temp Reso. #9640 December 11, 2001 Revision 1 — December 21, 2001 Revision 2 — December 27, 2001 Page 3 upgrade of the thirty-two (32) street lights and the installation of an additional eighteen (18) street lights along Commercial Boulevard from the Florida Turnpike to NW 31 st Avenue by the Florida Department of Transportation and enter into a Roadway Lighting System Maintenance Agreement with the Florida Department of Transportation. 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 thirty-two (32) street lights and installation of an additional eighteen (18) street lights along Commercial Boulevard from the Florida Turnpike to NW 315t Avenue by the Florida Department of Transportation is HEREBY authorized. 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. 11 Temp Reso. #9640 December 11, 2001 Revision 1 — December 21, 2001 Revision 2 — December 27, 2001 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 23rd day of January, 2002. ATTEST: MARION€V\ NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as t JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ye., DIST 1: COMM. PORTNER 8 e DIST 2: COMM. MISHKIN A e. DIST 3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS Al & 1 LlbLf INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WXFER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax: (561) 286-3925 ww\,v.l bf h .corn T R 9640 t `� EX HIBIT "1" c� MEMORANDUM TO: Anh Ton, P.E. FROM: Gino Charles, P.E. C DATE: October 27, 2000 SUBJECT: State Road 870 (Commercial Boulevard) From Florida's Turnpike Entrances to East of NW 31st Avenue Financial Project No.: 228174-1-52-01 WPI: No.: 4111039 State Project No.: 86014-3518 Broward County LBFH File No.: 00-0079 Attach for your review and comments is the Lighting Analysis for the above referenced project. Should you have any questions, please do not hesitate to call. GYC/smt \\pc\projects\00-0079\MemoStatusSu mmaiyAhnTon9-13-OO.doc 00 - ` (c?7% Lighting Analysis for SR 870 (Commercial Boulevard) from Florida's Turnpike to NW 31st Avenue Prepared for: Florida Department of Transportation Prepared by: Hughes Hall Inc. October 20, 2000 A INTRODUCTION SR 870 (Commercial Boulevard) is a six -lane, median -divided, east - west arterial highway serving central Broward County. Although lighting exists along virtually all of the studied portion of roadway between Florida's Turnpike Entrance and NW 31st Avenue, Hughes Hall Inc. (HHI) was commissioned by the Florida Department of Transportation to evaluate the performance of the existing system. The following is a summary of the methodology and findings resulting from that evaluation. FIELD REVIEWS Several field reviews were conducted to evaluate field conditions. Most notable was the field review conducted with Broward County Traffic Engineering Division's (BCTED) maintenance staff. HHI contacted BCTED after determining that they were the maintaining agency for all streetlights within the study area. Working with BCTED staff, the power service for the entire studied portion of SR 870 was located in the southwest corner of SR 870 and 37th Avenue. Meaurements between existing streetlight poles revealed a wide disparity in distances. Some poles were as close as 127 feet apart while others were as far apart as 210 feet. The average distance between poles appeared to be approximately 173 feet. The east end of the lighting circuit is at NW 29th Terrace. The west end is at the Florida Turnpike Entrance. From NW 29th Terrace west to 37th Avenue all streetlights are located on the north side of SR 870. From NW 37th Avenue west to the Turnpike Entrance the streetlights are located on the south side of SR 870. All streetlights are mounted 42 feet high on aluminum poles with 15- foot-long bracket arms. The system is powered by 480 volts, with 400- watt luminaires. Nighttime field reviews did not reveal any inoperative luminaires within the studied portion of roadway. However, the light is not evenly arrayed along the roadway. In particular, there is a gap in lighting in the area of NW 37th Avenue where the lighting crosses from the north side to the south side of SR 870. ACCIDENT ANALYSIS Accident summaries provided by the Department's Traffic Operations office for the years 1996, 1997 and 1998 were examined for nighttime accidents. The safety ratio for each year is as follows: 1996 - 1.650, 1997 - 1.569, 1998 - 1.189. Twenty percent of the 1996 crashes occurred during nighttime hours. Eighteen percent of the 1997 crashes occurred during nighttime hours. Twenty-three percent of the 1998 crashes occurred during nighttime hours. LIGHTING ANALYSIS Using GE's ALADAN lighting design software, several different lighting analyses were completed_ At the smallest distance between poles (127 feet) the average illuminance was determined to be 1.51 footcandles. At the largest distance between poles (210 feet) the average illuminance was determined to be 1.05 footcandles which is well below the Department's minimum acceptable standard of 1.5 footcandles. At the average distance of 173 feet, the average illuminance was determined to be 1.27 footcandles. Again, this is well below the Department's minimum standard. CONCLUSIONS AND RECOMMENDATIONS Although the existing streetlighting system appears to be in good operating condition, it does not meet the Department's lighting standards. Given the high safety ratios along this portion of roadway, the relatively large percentage of nighttime crashes, and the failure to meet the Department's lighting standards, it is recommended that it be replaced with a new system which meets the criteria contained in the Plans Preparation Manual. 10-26-Z001 15:40:13 R 0 A D Ver 3.00 Page 1 of 3 A L A D A N (tm) A Lighting Application Design & ANalysis General Electric Company GE Lighting Systems Hendersonville, NC 28739 USA P R O V I D E D B Y: Ross Shill.ingford LBFH, Inc. 3550 SW Corporate Parkway Palm City, FL. 34990 Phone: (561.)286--3883 Fax: (561)286-3925 R O A D W A Y D E S C R I P T I O N Project: Commercial Blvd. All Units of Linear Measure are in FEET Lane Width 101.00 Lane Quantity 1.00 R O A D W A Y L A Y O U T 3 4 < -------- Curb & Fixture Line Numbers (Note: Curb Line 3 is the Y axis) �a Pole Configuration: Right Side Only +-----0-----+ ...... >--meter array (One fixture cycle) ------ 0------ --------- > X axis * 1 r-------Approximate Observer Location (s) for O- Luminance Calculations (not to scale) . 10-26-2001 15:40:13 R 0 A D Ver 3.00 Page 2 of 3 L U M I N A I R E D E S C R I P T I O N Luminaire: Lamp: Photometric ID: Initial Lumens: Light Loss Factor: Distribution Type: Comments: M400 PRISMATIC HPS 200-400 1016 61000 0.940 S-C-III L U M I N A I R E S U M M A R Y Fixture Spacing along Roadway 175.000 Fixtures per Pole (Same Orientation) 1 Fixture Overhang (Outside Curb) 6.00 Line X First Y Cycle Last Y Mounting ---Fixture-- No Qty Offset Fixture Increment Fixture Height Orient Tilt 4 5 95.000-175.000 175.000 525.000 50.0 270.0 0.0 These computations may be based on specific information that has been supplied by the customer. It is the responsibility of the customer to verify that the actual lighting installation corresponds dimensionally to that on which this data is based. Any deviations in the actual luminaire installation, lighted area geometry, and the introduction of obstructions within the lighted space may produce results that are different from the predicted values. Also, normal tolerances of supply voltage, lamp output, ballast and luminaire manufacture will effect results. Ref: IES LM-61-1986 Identifying Operating Factors for HID Luminaires 0 10-26-2001 15:40:13 R O A D Ver 3.00 Page 3 of 3 M E T E R A R R A Y F O R H O R I Z O N T A L I L L U M I N A N C E Measurement Units are in FOOTCANDLES ---X Coordinates --- > Y 75.75 Coord 25.25 159.09 .846 2.67 143.18 .744 2.77 127.27 .697 2.18 111.36 .782 1.88 95.45 .876 1.66 79.55 .875 1.66 63.64 .781 1.88 47.73 .697 2.17 31.82 .743 2.77 15.91 .844 2.67 0.00 .868 2.17 I L L U M I N A N C E S U M M A R Y Average Illuminance (Footcandles) 1.51 Minimum Illuminance (Footcandles) 0.70 Maximum Illuminance (Footcandles) 2.77 Uniformity (Overall Average/Minimum) 2.17 Uniformity (Overall Maximum/Minimum) 3.98 Coefficient of Variance 0.51 Maximum Gradiant (Parallel to Axis) 3.15 10-26-2001 15:46:04 R O A D Ver 3.00 Page 1 of 3 A L A D A N (tm) A Lighting Application Design & ANalysis General Electric Company GE Lighting Systems Hendersonville, NC 28739 USA P R O V I D E D B Y: Ross Shillingford LBFH, Inc. 3550 SW Corporate Parkway Palm City, FL. 34990 Phone: (561)286-3883 Fax: (561)286-3925 R O A D W A Y D E S C R I P T I O N Project: Commercial Blvd. All Units of Linear Measure are in FEET Lane Width 101.00 Lane Quantity 1.00 R O A D W A Y L A Y O U T 3 4 ----Curb & Fixture Line Numbers (Note: Curb Line 3 is the Y axis) M Pole Configuration: Right Side Only >--meter array (One fixture cycle) ------ 0----- ---------- > X axis * 1< ----- Approximate Observer Location(s) for O- Luminance Calculations (not to scale) Y 10-26-2001 15:46:04 R 0 A D Ver 3.00 Page 2 of 3 L U M I N A I R E D E S C R I P T I O N Luminaire: Lamp: Photometric ID: Initial Lumens: Light Loss Factor: Distribution Type: Comments: M400 PRISMATIC HPS 200-400 1016 61000 0.940 S-C-III L U M I N A I R E S U M M A R Y Fixture Spacing along Roadway 154.000 Fixtures per Pole (Same Orientation) 1 Fixture Overhang (Outside Curb) 6.00 Line X First Y Cycle Last Y Mounting ---Fixture-- No Qty Offset Fixture Increment Fixture Height Orient Tilt 4 5 95.000-154.000 154.000 462.000 50.0 270.0 0.0 These computations may be based on specific information that has been supplied by the customer. It is the responsibility of the customer to verify that the actual lighting installation corresponds dimensionally to that on which this data is based. Any deviations in the actual luminaire installation, lighted area geometry, and the introduction of obstructions within the lighted space may produce results that are different from the predicted values. Also, normal tolerances of supply voltage, lamp output, ballast and luminaire manufacture will effect results. Ref: IES LM-61-1986 Identifying Operating Factors for HID Luminaires 10--26-2001 15:46:04 R O A D Ver 3.00 Page 3 of 3 M E T E R A R R A Y F O R H O R I Z O N T A L I L L U M I N A N C E Measurement Units are in FOOTCANDLES ---X Coordinates----> Y 75.75 Coord 25.25 138.60 .961 2.80 123.20 .868 2.99 107.80 .839 2.42 92.40 .901 2.20 77.00 .933 2.09 61.60 .900 2.19 46.20 .838 2.42 30.80 .865 2.99 15.40 .957 2.79 0.00 .974 2.34 I L L U M I N A N C E S U M M A R Y Average Illuminance (Footcandles) 1.71 Minimum Illuminance (Footcandles) 0.84 Maximum Illuminance (Footcandles) 2.99 Uniformity (Overall Average/Minimum) 2.05 Uniformity (Overall Maximum/Minimum) 3.57 Coefficient of Variance 0.49 Maximum Gradiant (Parallel to Axis) 2.91 0 VOLTAGE DROP CALCULATIONS LUMINAIRE WATTAGE 400 # OF LUMINAIRES PER POLE: 1 CALCULATED BY: Harry Fanfan PROJECT: Commercial Blvd(FPN 228174-1-52-01) DATE: 3/19/2001 SERVICE POINT: 480V CIRCUIT: A-1 L.O.A. (AMPS): 1.1 DIST FROM PREV POLE POLE # n Dn In Dn x In 314.0 1 1 314 1.1 345.40 146.0 2 2 460 1.1 506.00 234.0 ' 3 3 694 1.1 763.40 147.0 4 4 841 1.1 925.10 150.0 5 5 991 1.1 1090.10 104.0 6 6 1095 1.1 1204.50 195.0 7 7 1290 1.1 1419.00 171.0 8 8 1461 1.1 1607.10 170.0 9 9 16311 1.1 1794,10 219.0 10 10 1850 1.1 2035.00 142.0 11 11 1992 1.1 2191.20 189.0 12 12 2181 1.1 2399.10 152.0 13 13 2333 1.1 2566.30 163.0 14 14 2496 1.1 2745.60 171.0 15 15 2667 1.1 2933.70 117.0 16 16 2784 1.1 3062.40 136.0 17 17 2920 1.1 3212.00 126.0 18 18 3046 1.1 3350.60 125.0 19 19 3171 1.1 3488.10 175.0 20 20 3297 1.1 3626.70 175.0 21 21 3492 1.1 3841.20 145.0 22 22 3657 1.1 4022.70 146.0 23 23 3823 1.1 4205.30 137.0 24 24 3980 1.1 4378.00 117.0 25 25 4117 1.1 4528.70 141.0 26 26 4278 1.1 4705.80 138.0 27(Existing) 27 3726 1.1 4098.60 LEi TOTAL 29.7 71045.70 WIRE SIZE CIRCULAR MILS K RESISTIVITY R OHM PER FT 8 16,510 12.86 OHM -CM / FT FOR COPPER 0.000778 6 26,240 0.000491 4 41,740 0.000308 2 66,360 1 0.000194 ITi71{luhl�i\�L�1�L�)]:Lr];gLF'd L= TOTAL[Dn x In]= 71045.70 = 2392.11 TOTAL. [In] 29.7 V= R x L x [TOTAL In] = 21.88 V= K x L x [TOTAL In] - 21.89 CIRCULAR MILS %V= V x 100% - 4.56 LINE VOLT %VOLTAGE DROP IS OK USE CONDUCTOR NO. 4 NOTE: LINE VOLT. IS SERVICE VOLT. FROM POWER CO. (480 V, 120 V, etC) LINE VOLT = 480 L.O.A.=LINE OPERATING AMPERES V = VOLTAGE DROP R = RESISTANCE OF WIRE IN OHMS L = DISTANCE TO LOAD CENTER In= TOTAL CURRENT IN AMPERES Dn= DISTANCE FROM SERVICE POINT TO LOAD n K = RESISTIVITY OF WIRE IN OHM-CIR. MIL PER FT (12.86 FOR COPPER) r • VOLTAGE DROP CALCULATIONS LUMINAIRE WATTAGE 400 # OF LUMINAIRES PER POLE: 1 CALCULATED BY: Harry Fanfan PROJECT: Commercial Blvd(FPN 228174-1-52-01) DATE: 3/19/2001 SERVICE POINT: 480V CIRCUIT: A -II L.O.A. (AMPS): 1.1 DIST FROM PREV POLE POLE # n Dn In Dn x In 150.0 1 1 150 1.1 165.00 175.0 2 2 325 1.1 357.50 145A 3 3 470 1.1 517.00 r::�:185.0 :l45.0 4 4 655 1.1 720.50 5 5 800 1.1 880.00 125.0 6 6 925 1.1 1017.50 125.0 7 7 1050 1.1 1155.00 104.0 8 8 1154 1.1 1269.40 111.0 9 9 1265 1.1 1391.50 111.0 10 10 13761 1.1 1513.60 11 11 1551 1.1 1706.10 12 12 1726 1.1 18 98, 60 P175.0 13 13 2174.0 1.1 2391.40 14 14 2311.0 1.1 2542.10 13. 15 15 2463.0 1.1 2709.30 169.0 16 16 2652.0 1.1 2917.20 168.0 17 17 2840.01 1.1 3124.00 158.0 18 18 3030.0 1.1 3333.00 185.0 19 19 3223.0 1.1 3545.30 172.0 20 20 3515.0 1.1 3866.50 173.0 21 21 3708.0 1.11 4078.80 175.0 22 22 3903.0 1.1 4293.30 175.0 23 23 4098.0 1.1 4507.80 175.0 24 24 4293.0 1.1 4722.30 205.0 25 (Existing) 25 5125.0 1.1 5637.50 TOTAL 1 27.5 60260.20 WIRE SIZE CIRCULAR MILS K RESISTIVITY R OHM PER FT 8 16,510 12.86 OHM -CM / FT FOR COPPER 0.000778 6 26,240 0.000491 4 41,740 0.000308 2 66,360 0.000194 MAXIMUM VOLTAGE DROP = 7% L= TOTAL[Dn x In]= 60260.20 2191.28 TOTAL [In] 27.5 V= R x L x [TOTAL In] = 18.56 V= K x L x [TOTAL In] 18.57 CIRCULAR MILS %V= V x 100% - 3.87 LINE VOLT %VOLTAGE DROP IS OK USE CONDUCTOR NO. 4 NOTE: LINE VOLT. IS SERVICE VOLT. FROM POWER CO. (480 V, 120 V, etc) LINE VOLT = 480 L.O.A.=LINE OPERATING AMPERES V = VOLTAGE DROP R = RESISTANCE OF WIRE IN OHMS L = DISTANCE TO LOAD CENTER In= TOTAL CURRENT IN AMPERES Dn= DISTANCE FROM SERVICE POINT TO LOAD n K = RESISTIVITY OF WIRE IN OHM-CIR. MIL PER FT (12.86 FOR COPPER) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 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. (o 86014-3518 1 District Document No: 710-010-52 UTILITIES 10/61 Page 1 of 4 THIS AGREEMENT, made and entered into this ` 2) day of UMV4.% year of 2 -Vc —7 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein ter 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 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. 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 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 Pape 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. 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 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. It 71 aof asz uTfuTfI$ 1afoi Papa 9 of d 6. Force Majeure Neither the MAINTAINING AGENCY nor the FOOT 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 FOOT 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 FOOT may have entered into joint agreements for Utility Work to be performed by FOOT'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 FOOT 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 FOOT 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 Cit Mana er with a copy to Mitchell Kraft City Attorney 7ri9ri NW RRf AvPnffe. Tamarac. Florida 33321 If to the FOOT: Alaa El Ahlawagy Hesident Lngineer Avenue, ort au er a e, on a 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. 710-010.52 UTILITIES 10101 Page 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 ho 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: O No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached. Q 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 AGE /r BY: (Signature) DATE: ,23- © 2 (Typed Name: ) Recommend Approval by the District Utility Office BY. (Signature) DATE• (Typed Name: ) FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: (Typed Title: FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Signature) DATE: (Typed Name: EXHIBIT A The Maintaining Agency will maintain the roadway lighting along Commercial Boulevard (S.R. 870) from Sta. 66+42.00 (Florida's Turnpike) to Sta. 152+10 (N.W. 31" Avenue), from the existing light immediately adjacent to A-1-1 to the existing light immediately adjacent to A-11- 50, as depicted on the lighting plans for Financial Project No. 228174-1-52-01. P:\00-0079\EX—A—BrowardCoTraffic.doc 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." Part 5, Paragraph 2 is modified by the following: Delete the third sentence, "After reviewing the claim...", to the effect that FDOT will not make the determination as to whether the MAINTAINING AGENCY has to defend the FDOT in a claim for damages relating to this agreement. \\pc\projects\00-0079\EX-_B_City of Tamarac.doc