HomeMy WebLinkAboutCity of Tamarac Resolution (89)Temp. Reso. #9718
March 4, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002- S9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE AN AGREEMENT WITH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR FUNDING THE
RELOCATION OF UNDERGROUND UTILITY TO ELIMINATE
CONFLICTS AT COMMERCIAL BOULEVARD AND
FLORIDA'S TURNPIKE FOR A TOTAL CONTRACT AMOUNT
OF $121,201; APPROVING FUNDING FOR THIS PROJECT
FROM THE APPROPRIATE UTILITIES ACCOUNTS
INCLUDING THE APPROPRIATION OF $121,201 FROM
RETAINED EARNINGS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, State of Florida Department of Transportation will be undertaking the
Commercial Boulevard Interchange Improvements Project at Florida's Turnpike and
Commercial Boulevard (a copy of which is attached as shown in map form as "Exhibit 1 ");
and
WHEREAS, City of Tamarac owns and operates existing water and wastewater
utilities that are within the FDOT right-of-way and are in conflict with the proposed
interchange at Commercial Boulevard and Florida's Turnpike; and
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Temp. Reso. #9718
March 4, 2002 2
WHEREAS, State of Florida requested that the City relocate its active utilities that lie
within the construction boundaries of the project in accordance with State of Florida
Department of Transportation standards and under the provisions of Florida Statutes
337.403 and 337.404; and
WHEREAS, the State gave the City the option of using the State's contractor or
provide another contractor to resolve the conflicts that the City's utilities pose with the
proposed improvements located at Commercial Boulevard and Florida's Turnpike; and
WHEREAS, it is advantageous and beneficial to execute an agreement between the
City and the State to allow the relocation of City utilities that interfere with the proposed
interchange by the State's contractor; and
WHEREAS, the City of Tamarac is funding the utility relocation work to be done
by the state's contractor pursuant to the terms of the agreement.
WHEREAS, it is the recommendation of the Director of Utilities that this agreement
to resolve conflicts associated with the proposed interchange improvements at Commercial
Boulevard and Florida's Turnpike be approved, executed and funded; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
Temp. Reso. #9718
March 4, 2002 2
WHEREAS, State of Florida requested that the City relocate its active utilities that lie
within the construction boundaries of the project in accordance with State of Florida
Department of Transportation standards and under the provisions of Florida Statutes
337.403 and 337.404; and
WHEREAS, the State gave the City the option of using the State's contractor or
provide another contractor to resolve the conflicts that the City's utilities pose with the
proposed improvements located at Commercial Boulevard and Florida's Turnpike; and
WHEREAS, it is advantageous and beneficial to execute an agreement between the
City and the State to allow the relocation of City utilities that interfere with the proposed
interchange by the State's contractor; and
WHEREAS, the City of Tamarac is funding the utility relocation work to be done
by the state's contractor pursuant to the terms of the agreement.
WHEREAS, it is the recommendation of the Director of Utilities that this agreement
to resolve conflicts associated with the proposed interchange improvements at Commercial
Boulevard and Florida's Turnpike be approved, executed and funded; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
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Temp. Reso. #9718
March 4, 2002 3
the best interest of the citizens and residents of the City of Tamarac to accept and execute
an agreement between the State of Florida and the City of Tamarac for funding the
resolution of underground utility conflicts at Commercial Boulevard and Florida's Turnpike
and forward it for execution by the appropriate officials of the State of Florida Department
of Transportation and provide for the funding of the agreement in the amount of $121,201
with the appropriation of funds from Retained Earnings.
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 accept
and execute the State of Florida Department of Transportation Utility Work by Highway
Contractor Agreement (Lump Sum) (a copy of which is attached hereto as "Exhibit 2") and
forward it for execution by the appropriate officials of the State of Florida Department of
Transportation.
Temp. Reso. #9718
March 4, 2002 4
SECTION 3: The funding of the Agreement with a budget appropriation in the
amount of $121,201 from Retained Earnings to the Utilities Operating Fund account
entitled, "Commercial Boulevard Interchange Improvements" is hereby approved for correct
accounting purposes.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clauses, 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.
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Temp. Reso. #9718
March 4, 2002 5
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 26T" day of March,
2002.
JOE SCHREIBER
MAYOR
ATTEST:
i
RECORD OF COMMISSION V TE:
MARION S NSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTAI
I HEREBY CERTIFY that I DIST 4: COMM. ROBERTS
have approved this RESOLUTIC)Pd�
as,4'6�orih.
MITCHELL S. FT
CITY ATTORWEY
RG/TR/mg
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FDOT_FL_TP_RAMP.DWG
COMMERCIAL BOULEVARD INTERCHANGE
IMPROVEMENTS
"EXHIBIT 2"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES
10/01
(LUMP SUM) Page 1 of 5
Financial Project ID:
232254-1-56-01
Federal Project ID:
N/A
Work Program Item No. (old):
4151616
County/Section No:
86-470
State Job No. (old):
97861-6309
District Document No:
N/A
THIS AGREEMENT, made and entered into this a ee day of MA" , year of �LOoa—, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and
The City of Tamarac, Florida , hereinafter referred to as the "UAO";
WITNESSETH
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as
the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT is currently engaging in a project which involves constructing, reconstructing, or otherwise
changing a public road and other improvements located on a public road or publicly owned rail corridor identified as
Commercial Boulevard Interchange Improvements
State Road No. 91 , hereinafter referred to as the "Project'; and
WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work,"
and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions
applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and
the UAO hereby agree as follows:
1. Performance of Utility Work
a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the
Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in its
discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
2. Cost of Utility Work
a. The UAO will, at least fifteen (15 ) calendar days prior to the date on which the FDOT
advertises the Project for bids, pay the FDOT the amount of $ 12-11201.0-0 for the cost of the
Utility Work. Said amount will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten
percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section
337.403(1)(b), Florida Statutes.
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of
the deposit.
710-010-57
UTILITIES
10/01
Page 2 of 5
Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be
made during the construction of the Project unless the UAO has made an additional deposit to cover the
cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be
applied to cover the cost of the changes or additions. All changes or additions shall be subject to the
limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
3. Default
a. In the event that the UAO 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:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from
written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO 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.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the
following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from
written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties and from any statutory obligations that either party may have with regard
to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT -OWNED UTILITIES,
To the extent provided by law, the UAO 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 UAO, 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 UAO, 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 UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to the
UAO. The UAO 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 UAO in the defense of the claim or to require
the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the
UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the
UAO 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.
710-010-57
UTILITIES
10/01
Page 3 of 5
FOR NON -GOVERNMENT -OWNED UTILITIES,
The UAO 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 UAO, 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 UAO, 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 UAO'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 UAO of the FDOT's notice of
claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified
mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be
excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and
determines the UAO 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 UAO. The
UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's
delay in notifying the UAO of a claim shall not release UAO of the above duty to defend.
5. Force Majeure
Neither the UAO 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.
6. Miscellaneous
a. The Facilities shall at all times remain the property of and be properly protected and maintained by the
UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for
the Facilities except to the extent that FDOT's Contractor is obligated to perform these activities during the
period of construction.
b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal
by the UAO to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this
Agreement.
C. 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 any future location, adjustment, or
modification and the relocation of the Facilities and except that the UAO and the FDOT may have entered
into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project.
Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request.
d. 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.
e. Time is of the essence in the performance of all obligations under this Agreement.
7.
710-010-57
UTILITIES
10/01
Page 4 of 5
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 UAO
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 UAO:
City of Tamarac, Jeffrey Miller, City Manager with copy to: Mitchell Kraft, City Attorney
venue
Tamarac, Florida33321-2401
If to the FDOT:
Florida Department of
Turnpike District
Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
UAO 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 UAO 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:
Q 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 THEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Tamarac Florida
BY:(Sionature
(Typed Narr%• Joe Schreiber Jeffrey L. Miller )
(Typed Title:: Mayor City Manager )
Recommend Approval by the District Utility Office
DATE: &A6 moo ,—
BY:(Signature) DATE:
FDOT Legal Review
BY:(Signature) DATE:
710-010-57
UTILITIES
10/01
Page 5 of 5
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:(Signature) DATE:
(Typed Name: James L. Ely )
(Typed Title: Turnpike District Secretary )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:(Signature) DATE:
(Typed Name: )
(Typed Title:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
CHANGES TO FORM DOCUMENT 10ro1
The following changes to the standard 'Utility Work by Highway Contractor Agreement (Lump Sum)' form has been
requested by the Finance and Legal Departments of the Florida Department of Transportation, Turnpike District, the
Department;
1. Section 6, Miscellaneous, add new subsection 'g' as follows:
Reimbursement obligation shall be payable solely from the non -ad valorem revenues of the Agency and shall
not be or constitute a general obligation or indebtedness of the Agency or a 'bond' within the meaning of any
constitutional or statutory provision.
2. Section 2, Cost of Utility Work, subsection 'a', last sentence will be amended as follows:
Said amount will be deposited into the Turnpike General Reserve Trust Fund.
The parties jointly agree to this change of the form document. Acknowledged by:
FLORIDA DEPARTMENT OF TRANSPORTATION, TURNPIKE DISTRICT
BY: (Signatu
(Typed Name): James L. Ely
(Typed Title): Turnpike District Secretary
DATE:
CITY OF TAMARAC, FL RIDA
BY: (Signature)
(Typed Name): J creiber
(Typed Title): Mayor
3I_�-46-1-ov a -
Attest
BY: (Signature)
e(Typed Name): Jeffrey L. Miller
(Typed Title): City Manager
DATE: 3 ! (' /� Zo
Temp. Reso. #9718
March 4, 2002 4
SECTION 3: The funding of the Agreement with a budget appropriation in the
amount of $121,201 from Retained Earnings to the Utilities Operating Fund account
entitled, "Commercial Boulevard Interchange Improvements" is hereby approved for correct
accounting purposes.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clauses, 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.
E