HomeMy WebLinkAboutCity of Tamarac Resolution (112)1
Temp Reso. # 9759
April 10, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-112
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AMENDMENT TO THE MAINTENANCE
MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac entered into an agreement with the State of Florida
Department of Transportation on September 17, 1999 through Resolution R-99-203, as
attached in Exhibit "1" for the purpose of constructing and maintaining a landscaping and
irrigation project along Commercial Boulevard from Rock Island Road to Prospect Road,
funded through the Highway Beautification Council Grants Program; and
WHEREAS, following the execution of the aforementioned agreement, the State of
Florida Department of Transportation proposed the upgrade of landscaping and irrigation
located on Commercial Boulevard from the Florida Turnpike to NW 31 st Avenue as part of
their Commercial Boulevard Improvement Project; and
WHEREAS, on July 12, 2000, the FDOT and the City of Tamarac agreed to suspend
the original project until such time as the reconstruction project could be completed
through Resolution R-2000-186, hereto attached as Exhibit "2"; and
WHEREAS, the reconstruction project will incorporate the original landscape and
irrigation design and maintenance requirements as approved by both parties as a part of
the original agreement; and
Temp Reso. # 9759
April 10, 2002
Page 3
SECTION 4: 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.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED, AND APPROVED this 24th day of April, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R156"OLUTION as to form.,
MrrCWELL S. KF
CITY ATTORN
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A -ye,
DIST 1: V/M. PORTNER 6yg
DIST 2: COMM. MISHKIN �l�
DIST 3: COMM. SULTANOF—five.;
DIST 4: COMM. ROBERTS Ayer
TEMP RESO 9759
EXHIBIT 1 Temp. Reso. #8721
August 11,1999
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 - A03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ACCEPTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION, HIGHWAY BEAUTIFICATION GRANT IN
THE AMOUNT OF $75,958.79 AND AUTHORIZING A MATCH FROM
THE CITY IN THE AMOUNT OF $75,996.25, FOR A TOTAL PROJECT
COST OF $151,955.04 TO PROVIDE LANDSCAPE AND IRRIGATION
IMPROVEMENTS ALONG COMMERCIAL BOULEVARD BETWEEN
ROCK ISLAND ROAD AND PROSPECT ROAD; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF TAMARAC AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY
BEAUTIFICATION GRANT FUNDS; APPROVING A TRANSFER
FROM THE GRANTS MATCHING ACCOUNT IN THE AMOUNT OF
$75,996.25; AMENDING THE ANNUAL GRANTS FUND BUDGET OF
ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT
OF $75,958.79; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to enhance landscape
beautification within the City of Tamarac; and
WHEREAS, on January 27, 1999, the City Commission of the City of Tamarac passed
Resolution R-99-18 authorizing the appropriate City officials to apply for grant funding from the
Florida Department of Transportation under their Highway Beautification program in the amount
of $75,000, and authorized a City match of $75,000, to provide landscape and irrigation
improvements along Commercial Boulevard between Rock Island Road and Prospect Road; and
WHEREAS, the City of Tamarac, pursuant to prior agreements, is responsible for
maintaining the public rights -of -way on Commercial Boulevard between Rock Island Road and
Prospect Road; and
Temp. Reso. #8721
August 11,1999
Page 2
WHEREAS, the City of Tamarac received notification from the Florida Department of
Transportation that the grant application in the exact amount of $75,958.79 is approved; and
WHEREAS, matching City funds in the exact amount of $75,996.25 are available in the
General Fund budget for said purpose; and
WHEREAS, it is the recommendation of the City Manager, Director of Public Works and
the Assistant Director of Public Works that the grant in the amount of $75,958.79 from the
Florida Department of Transportation be accepted, and the match of $75,996.25 from the City
be approved; 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 accept the Florida Department of
Transportation Highway Beautification Grant in the amount of $75,958.79 and approve the match
from the City in the amount of $75,996.25 for landscape and irrigation improvements along
Commercial Boulevard between Rock Island Road and Prospect Road.
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 Florida Department of Transportation Highway Beautification Grant in the
amount of $75,958.79 for landscape and irrigation improvements along University Drive and
Commercial Boulevard is HEREBY accepted.
Section 3: The City of Tamarac match in the amount of $75,996.25 for a total project cost
of $151,955.04 shall come from the account entitled "Grants - Matching Funds."
Temp. Reso. #8721
August 11,1999
Page 3
Section 4: A budget transfer in the amount of $75,996.25 from Grants Fund account
entitled, "Grants — Matching Funds" to Grants Fund account entitled, "Landscaping and
Irrigation" is HEREBY approved for correct accounting standards.
Section 5: The City Commission authorizes the appropriate City Official to amend the
Grants Fund budget in the amount of $75,958.79 and appropriate said funds including any and
all subsequent budgetary transfers to be in accordance with proper accounting standards.
Section 6: The appropriate City officials are HEREBY authorized to execute the required
documents for the acceptance of the grant from the Florida Department of Transportation, attached
hereto as EXHIBIT "A".
Section 7: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed
to the extent of such conflict.
Section 8: If any clause, section, other part or application of this Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
Section 9: This Resolution shall become effective immediately upon its passage and
adoption.
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Temp. Reso. #8721
August 11, 1999
Page 4
PASSED, ADOPTED AND APPROVED this day of ,1999.
ATTEST:
CAROL GOLD, C /AAE
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION qs to form
JTCHELL'S. KRAFT
ITY ATTORNEY
r,
�&'i P-04
- '0MI,
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM ;R
DIST 2: „�V M„-MISHMN,,
DIST & COMM. SUt.TANOF�'
DIST 4: -comm. a9lea
0 Florida Department of Transportation
V
GOVERNOR
DISTRICT NMINTI:NANCE • DISTRICT 4
34W Weak Commercial Boulevard. For! Lauderdale, Florida 33309.3421
Te6p6oee. (954)777-4200 Fax. (954) 777.4223
October 13, 1999
Mr. Jim Berkman
Public Works Coordinator
City of Tamarac
7525 N.W. 88th Avenue
THOMAS F. BARRY. JR.
SECRETARY
Tamarac, FL 33321
Dear Mr. Ber
RE: Maintenance Memorandum of Agreement for SR 870 (Commercial Boulevard)
Enclosed is a copy of the executed Maintenance Memorandums for subject area. Please use this
letter as your Notice to Proceed. Upon completion of the project it will be necessary for the City
to submit a single invoice, along with the paid bills that support the invoice, to the Department for
reimbursement. In the letter of transmittal please state that the project was constructed in compliance
with the plans and that this is the final invoice.
Should you have any question, please call me at (954) 777-4219. Thank you.
JIM: As previously discussed with you, the Department has a road feature realignment project
for a portion of this project. Please contact me prior to the start of any work so that we may
effectively coordinate the efforts of the City and the Department. Thank you.
CBWc
Enclosure
E
Sincerely,
r.
Carl B. iggins,
Landscape Architect
www.dot.state.fl.us ® RECYCLED PAPER
iWIBIT "A"
TEMP RESO #8721
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
HIGHWAY BEAUTIFICATION GRANT FOR 1999-2000
THIS AGREEMENT, made and entered into this day o 19�, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA ON, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and theCity of Tamarac
a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called
the "AGENCY".
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a 4(,6 —1ane highway facility as described in Exhibit "A" attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk,
shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
replanting; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. — aaciated:�,J 19 Q q ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included as Exhibit "B", with if any, the
following exceptions and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric
Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D.
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
D. If irrigation is to be installed, the Department shall be provided accurate as built plans
of the system so if in the future there is a need for the Department to perform work in
the area, the system can be accommodated as much as possible,
E. If it becomes necessary to provide utilities to the median or side areas ( water/electricity)
it shall be the AGENCY'S responsibility to obtain a permit for such work though the
local maintenance office
F. During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the 1988 edition of the MUTCD and the current
Department Roadway and Traffic Design Standards (series 600),
G. The AGENCY shall provide the local maintenance office located at 5548 NW 9th
Avenue, Ft. Lauderdale, F1.33309 twenty-four (24) telephone number and the
name of a responsible person that the department may contact,
H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours
(9AM to 3PM),
I .The AGENCY shall be responsible to clear all utilities within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the
start of the project,
2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
AGENCY's responsibility for maintenance shall include all landscape/turfed areas and
• areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median, crosswalks, and areas outside the travel way to the right-of-way line on Department
of Transportation right-of-way within the limits of the Project. Such maintenance to be
provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and proper fertilization of all plants and
keeping them as free as practicable from disease and harmful insects; to properly mulch the
plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper
length; to properly prune all plants which includes (1) removing dead or diseased parts of
plants, or (2) pruning such parts thereof which present a visual hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as
to cause a safety hazard. To maintain also means to keep the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of the right of way line. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees,
grass, or shrubs.
0 The above named functions to be performed by the AGENCY, shall be subject to periodic
0
inspections by the Department. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding payment reduction, reworking or agreement termination.
The AGENCY shall not change or deviate from said plans without written approval of the
Department.
3. If at any time after the AGENCY has assumed the landscaping installation and/or
maintenance responsibility above -mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the
AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have
a period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option.
proceed as follows:
(a) Complete the installation or part thereof, with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
thereof, or
(b) Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
installed under this Agreement or any preceding agreements except as to trees and
palms and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in the future as determined to be
necessary by the Department in order that the state road be widened, altered or otherwise
changed to meet with future criteria or planning of the Department. The AGENCY shall be
given sixty (60) calendar days notice to remove said landscaping/hardscapeafter which time
the Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
5. The Department agrees to reimburse the AGENCY an amount not to exceed$75.958.79 ,
as defined in Attachment "C". Subject to this limit, the Department will pay only for the
following costs:
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
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. (c) Paver bricks, header curbs & other handscape items.
The Department's participation in the project cost, as described in Attachment "C" is limited to only
those items which are directly related to this project. Payment shall not be made until (1)
certification of acceptance is received from the AGENCY's Landscape Architect/or designee and
(2) a Department Landscape Architect and/or his designee has approved the project for final
payment.
(a) Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42, Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
(c) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Agreement, if any, shall be submitted and
paid in accordance with the rates specified in Section 112.061, Florida Statutes.
(d) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this
• Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
of costs incurred includes the AGENCY's general accounting records, together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e) The AGENCY agrees to return all monies received under the terms of this
Agreement, to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
(b) By the Department, for refusal by the AGENCY 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 AGENCY in conjunction with this
Agreement.
. 7. The term of this Agreement commences upon execution.
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8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY's negligent performance of the work under this Agreement, or due to the
failure of the AGENCY to construct or maintain the project in conformance with the
standards described in Section 2 of this agreement.
9. The AGENCY may construct additional landscaping within the limits of the right-of-ways
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
(b) All landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscaping installed;
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscaping added under this item.
10. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000.00 and which have a term for a period of more than 1 year.
12. The Department's District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution
or fulfillmentof the service hereunderand the character, quality, amount and value thereof;
and his decision upon all claims, questions and disputes shall be final and conclusive upon
•
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the parties hereto.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
14. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY
By:
�filayor or Chairman
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT Ftp
Z
By: m g
District Secretary y
� OF 7VkO*
Executive
Legal Approval
SECTION NO.
FIN NO.(s):
COUNTY:
S.R. NO.:
EXHIBIT "A"
86014
Broward
870
PROJECT LOCATION
State Road 870 (Commercial Boulevard) from Rock Island Road to Prospect Road
11
•
SECTION NO.: 86014
FIN NO.W:
COUNTY: Broward
S.R. NO.: 870
EXHIBIT "B"
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
8
SECTION NO:86014
FIN NO.(s):
COUNTY: Broward
S.R. NO.: 870
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant
Agreement between the State of Florida, Department of Transportation and
the AGENCY.
I. PROJECT COST:
City of Tamarac
Department of Transportation
Total
CAWP00C%AOMtN%DSF.REI Irevision 07/10/95)
Dated
$151,955.04
$75,996.25
75,958.79
$151,955.04
6
p
U n',}
fLACity of Tamarac
R52b N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 - Facsimile (954) 724-2454
Jeffrey L. Miller
City Manager
jeffm@tamarac.org
July 14, 2000
Mr. Carl Higgins, ASLA
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Dear Mr. Higgins:
TEMP RESO 9759
EXHIBIT 2
I am pleased to advise you that at its meeting on July 12, 2000, the City of Tamarac
Commission approved a resolution postponing the construction of landscaping and
irrigation on the medians of Commercial Boulevard between Rock Island Road and
Prospect Road until Fiscal Year 2003 as requested by your department. A copy of the
approved resolution is attached for your records.
The Public Works Project Manager, Jim Berkman will be your contact for this
project. Please contact him at (954) 724-1249 should you have any further questions;
however, if there should be any problems of serious consequence, I expect you to advise
me directly and immediately.
The City looks forward to working with you on this grant project in the future
Sincerely,
le .Miller
City Manager
Cc: Raj Verma, Director of Public Works
Lynda Flurry, Purchasing and Contracts Manager
Marion Swenson, CIVIC, City Clerk
Anh L. Ton, P.E., F.D.O.T. Project Manager
Attachment
JLB
Equal Opportunity Employer
Temp. Reso. # 9068
Page 1
June 19, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000_ILE4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO REJECT THE AWARD
OF BID NO. 00-1813; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO POSTPONE CONSTRUCTION OF
LANDSCAPING AND IRRIGATION ON THE MEDIANS OF
COMMERCIAL BOULEVARD BETWEEN ROCK ISLAND
ROAD AND PROSPECT ROAD UNTIL FISCAL YEAR 2003
AS REQUESTED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, On August 25, 1999, the City Commission of the City of Tamarac
passed Resolution R-99-203 accepting a Florida Department of Transportation Highway
Beautification Grant in the amount of $75,958.79 and authorized a match of $75,996.25 for
the purpose of providing landscaping and irrigation improvements on the medians of
Commercial Boulevard between Rock Island Road and Prospect Road; and
WHEREAS, the City of Tamarac, on April 23, 2000 and April 30, 2000, publicly
advertised Bid No. 00-18B for the installation of landscaping and irrigation on the
aforementioned road; and
WHEREAS, on May 31, 2000, six (6) bids were opened and reviewed in order to
determine cost and responsiveness to the City's technical specifications; and
WHEREAS, on June 16, 2000, the City received notification from the Florida
Department of Transportation pertaining to planned road improvements on Commercial
Boulevard between the Florida Turnpike and NW 31"Avenue and that said improvements
included the reconfiguration of medians and the installation of landscaping and irrigation
Temp. Reso. # 9068
Page 2
June 19, 2000
within the project limits, a copy of said notification is attached hereto as Exhibit "A"; and
WHEREAS, said road improvements are expected to begin on or about December
of 2001 and be completed on or about October of 2002; and
WHEREAS, on June 19, 2000, the Florida Department of Transportation notified the
City that, based upon the aforementioned road improvements, they were willing to defer
the City's Highway Beautification Grant Award in the amount of $75,958.79 through
December 31, 2003, a copy of said notification is attached hereto as Exhibit "B"; and
WHEREAS, the City shall defer the required grant matching funds in the amount of
$75,996.25 to Fiscal Year 2003, at which time the City will complete the portions of the
Highway Beautification Grant Project that are not included as part of the Florida
Department of Transportation Project; and
WHEREAS, the Public Works Director and the Purchasing and Contracts Manager
recommend the award of bid No. 00-1813 be rejected and the construction of landscaping
and irrigation on the medians of Commercial Boulevard between Rock Island Road and
Prospect Road be postponed until fiscal year 2003 as requested by 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 reject the award of
bid No. 00-18B and postpone the construction of landscaping and irrigation on the medians
of Commercial Boulevard between Rock Island Road and Prospect Road until fiscal year
2003 as requested by the Florida Department of Transportation.
Temp. Reso. # 9068
Page 3
June 19, 2000
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 upon adoption hereof.
SECTION 2: The appropriate City Officials are HEREBY authorized to
reject the award of bid No. 00-18B for the construction of landscaping and irrigation on
the medians of Commercial Boulevard between Rock Island Road and Prospect Road.
SECTION 3: The appropriate City Officials are HEREBY authorized to
postpone the construction of landscaping and irrigation on the medians of Commercial
Boulevard between Rock Island Road and Prospect Road until fiscal year 2003 as
requested by the Florida Department of Transportation.
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 affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
1
1
�J
SECTION 6:
passage and adoption.
Temp. Reso. # 9068
Page 4
June 19, 2000
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
MARION S ENSION, CMC
CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
c� MITCHELL S. KRAFT
CITY ATTORNEY
1A day of 911� 2000.
RECORD OF COMMISSION
MAYOR SCHREIBER.,.....,,.
DIST 1: COMM. PARTNER
DIET It COMAL MI$HKIN,,,,,,,
DISC J: COWL SWANta O
EXHIBIT "A"
Temp Reso #9068
Florida Department of Transportation
JEB BUSH
GOVERNOR
June 16, 2000
Mr. Jim Berkman
Project Manager
City of Tamarac Public
6011 Nob Hill Road
Tamarac, Florida 33321
CUVSCI:r,\N'r NANA(:ENEv"r • UI.STRICr 1
:11" W-11 C,+inmcrriil ISoulevanl Fort l.audcrdalc. Florida 3:1309.3.121
Telephone: t95•SI 777-.1153 Fax l7.Sd1 777..Sti9.1
E-mad All h.tonQalnt.acate.11.of
Works Department
SUBJECT: Commercial Boulevard Landscaping
From East of Turnpike Entrance to N.W. 3151 Avenue
F.M Number 228174-1-52-01
Broward County
Dear Mr. Berkman:
THUNtAS F. BARRy, JIt
SECRETARY
The Florida Department of Transportation is planning to improve Commercial Boulevard from the^
Turnpike entrance to N.W. 315L Avenue. As part of this project, the median on Commercial Boulevard
will be reconfigured to conform to access management guidelines. Due to the changes in median
configurations, I recommend that the City of Tamarac delay the planned landscaping and irrigation
construction. The Department will incorporate landscape and irrigation as part of our improvement
project.
I look forward to working with you to determine the preferred landscaping theme for the project. If cat
be of further service, please do not hesitate to call.
Sincerely,
'A 4�'�
Anh L. Ton, P.E.
Project Manager
cc: Mr. Carl Higgins
Mr. Gino Charles
www.d ot:. state ll. u s ® RECYCIEO PAPER
io�
Florida Department -of Transportation
JEB BvsH DISTRICT MAINTENANCE - DISTRICT 4
GOVERNOR 3QO QVeat Commercial Boulevard, Fort L..J.Ja(e, Florida 33309-3421
Telephone: (954) 777.4200 Fax, (954) 777.4223
June 19, 2000
Mr. Jim Berkman
Public Works Coordinator
City of Tamarac
7525 N.1
Tamarac;
Dear 1 &.
EXHIBIT "B"
Temp Reso #9068
THOMAS F. BARRY, JR,
SECRETARY
Grant for State Road 870 (Commercial Boulevard)
Thank you for meeting with Anh Ton, Roadway project manager, and myself last week. As outlined
in Ahn's letter of June 16, 2000 it would be in the City's best interest to wait until the Department
has finished the roadway work prior to the starting of the landscaping/irrigation. With this
recommendation in mind I have pushed the landscaping/irrigation funding out to 2003. If for some
reason this will not.be enough time frame, the Department will be willing to extend the end date
again.
Should you have any questions, please call be at (954) 777-4219. Thank you.
CBH/c
Enclosure
FSinc y,
arl B. Higgins, ASLA
Landscape Architect
www.dot.state.fi,us
0 RECYCLED PAPER
TEMP RESO 9759
EXHIBIT 3
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:
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.
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 Swenson, CIVIC
City Clerk
DATE:
ATTEST:
Type/Print Name
(SEAL)
CITY OF TAMARAC
Joe Schreiber, Mayor
DATE:
Jeffrey L. Miller, City Manager
DATE:
Approved as to form and legal sufficiency
Mitchell S. Kraft, City Attorney
DATE:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Rick Chesser, District Secretary
DATE:
0
I
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:
1. 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/inigation 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
DATE: t a-
ATTEST:
Type/Print Name
(SEAL)
CITY OF TAMARAC
BY: - e44�Q�
e Schreiber, Mayor
DATE: 4- 2 S- 0 2.
Z' lit vt/%
Jeffrey L ille , City Manager
DATE: 4- 2S"02
Approye6-6� to form and leg
Mit el $) Kraft, City A or ey
DATE: _
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Rick Chesser, District Secretary
DATE:
Temp Reso. # 9759
April 10, 2002
Page 2
WHEREAS, the FDOT has requested that an amendment to the original
Maintenance Memorandum of Agreement with the State of Florida Department of
Transportation for the construction and maintenance of a landscaping and irrigation
project executed on September 17, 1999; and
WHEREAS, the Project Manager and Director of Public Works recommend
executing the amendment to the original Maintenance Memorandum of Agreement with
the State of Florida Department of Transportation for the construction and maintenance of
a landscaping and irrigation project executed on September 17, 1999; 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 execute the
aforementioned amendment with the State of Florida Department of Transportation to the
City of Tamarac.
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 execute the
amendment entitled "Amendment to the Maintenance Memorandum of Agreement
between the State of Florida Department of Transportation and the City of Tamarac",
hereto attached as Exhibit "3".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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:
1. 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-.
DATE: 0�-
ATTEST:
Type/Print Name
(SEAL)
CITY OF TAMARAC
BY:"'r
—;Pe Schreiber, Mayor
DATE: 4` 2 5- 0 2
t�r
Z /� �--�
Jeffrey L Ile , City Manager
DATE: 4-'2s-o Z
to Arm and
Mitcn Krdrt, City A or ey
DATE:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTA
Rick Ch6sser, District Secretary
DATE: '' oZ
n
rr�
�a
y�
C2
R, 3- 5 6
RECD,/E111 gxida Department o Transportation
C! i'Y OF TA%11�., ', ,,, p f p
THOMAS F BARRY, JR.
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.
i
relV. Endsley 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:
ffl-
THIS AGREEMENT, made and entered into this day of year of 2VO2, , by and
R N between the STATE OF FLORIDA DEPARTMENT OF TSPORTAT15N, her ' fter referred to as the"FDOT", and
the City 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
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.
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.
710-010.52
UTILITIES
10/01
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 EI-Halwagy
Resident ngineer
venue, Fort Lauderdale, Florida 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
10101
Pape 4 of
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:
Q No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
@ No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY /y
BY: (Signature) ATTEST • . ` , �t�^ DATE: J!�-Z_PI oz,
(Typed Na e. Joe Schreiber Jef , frey L. Miller
(Typed Title:
Mayor
Recomme;=:L�=
BY: (Signa
(Typed Name. /�hhQ_, V. (Er�JS
FDOT Legal Review
By. (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TI
By: (Signature)
(Typed Name: RICK CHESSER
(Typed Title: DISTRICT ; .-- ; _- iTARY
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: (Signature)
Citv Manager
DATE:
DATE:
DATE: OL
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."
Y100-0079\Changes to Form Documents —City of Tamarac Lighting Maintenance agreement.doc