HomeMy WebLinkAboutCity of Tamarac Resolution (115)Temp. Reso. # 9758
Page 1
April 10, 2002
Revision # 1 — April 17, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RESCINDING RESOLUTION NO. R-2002-
023 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
ENTER INTO A ROADWAY LIGHTING SYSTEM MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO MAINTAIN STREETLIGHTS ALONG
COMMERCIAL BOULEVARD FROM THE FLORIDA TURNPIKE
TO NW 31 s'AVENUE; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A REVISED ROADWAY LIGHTING
SYSTEM MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO MAINTAIN
STREETLIGHTS ALONG COMMERCIAL BOULEVARD FROM
THE FLORIDA TURNPIKE TO NW 31s' AVENUE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac authorized the execution of a "Roadway Lighting
System Maintenance Agreement" with the State of Florida Department of Transportation through
Resolution R-2002-023 on January 23, 2002, hereto attached as Exhibit 1 "; and
WHEREAS, it was determined that the aforesaid agreement provided by the State of
Florida Department of Transportation contained an error which prohibited execution by the
same; and
WHEREAS, the execution of a revised agreement and the rescinding of Resolution R-
2002-023 is necessary to correct the error; and
WHEREAS, the Director of Public Works recommends that Resolution No. R-2002-023
be rescinded and the City execute the revised "Roadway Lighting System Maintenance
Agreement" hereto attached as Exhibit "2"; 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 rescinding of
Temp. Reso. # 9758
Page 2
April 10, 2002
Revision # 1 — April 17, 2002
Resolution R-2002-023 and the execution of the revised "Roadway Lighting System
Maintenance Agreement".
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: Resolution No. R2002-023, hereto attached as Exhibit 1",
authorizing the appropriate City Officials to enter into a Roadway Lighting System Maintenance
Agreement with the Florida Department of Transportation to maintain streetlights along
Commercial Boulevard from the Florida Turnpike to NW 31stAvenue is HEREBY rescinded.
SECTION 3: The appropriate City Officials are hereby authorized to execute a
revised Roadway Lighting System Maintenance Agreement with the Florida Department of
Transportation for the maintenance of streetlights along Commercial Boulevard from the Florida
Turnpike to NW 31 st Avenue, attached hereto 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 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
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1
1
1
1
SECTION 6:
passage and adoption.
Temp. Reso. # 9758
Page 3
April 10, 2002
Revision # 1 — April 17, 2002
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 24th day of April, 2002.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have appr6ved this
UrtION ado form.
1TCHELL SM/
CITY ATTOME
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye.,
DIST 1: V/M. PORTNER 4yg
DIST 2: COMM. MISHKIN A-yel
DIST . MM. SULTANOF_&e/
ST 4: COMM. ROBERTS Aye,
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
[District
State Job No. (old):
86014-3518
Document No:
THIS AGREEMENT, made and entered into this 24 day of 0 I , year of 2002 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter 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.
Indemnification
FOR GOVERNMENT MAINTAINING AGENCY:
To the extent provided by law, the MAINTAINING AGENCY shall indemnify, defend, and hold harmless the FDOT
and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of
any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or contractors
during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or
contractors will be liable under this section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during
the performance of this Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING
AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the
claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and
report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the
claim. After reviewing the claim, the FDOT will determine whether to require the participation of the MAINTAINING
AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the FDOT in such claim
as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a claim shall not release
the MAINTAINING AGENCY from any of the requirements of this section. The FDOT and the MAINTAINING
AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON -GOVERNMENT MAINTAINING AGENCY:
The MAINTAINING AGENCY shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents,
and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error,
neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or contractors during the performance
of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties
may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or contractors will be
liable under this section for damages arising out of the injury or damage to persons or property directly caused by
or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of
this Agreement.
The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to
participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related
settlement negotiations, shall arise within fourteen (14) days of receipt by the MAINTAINING AGENCY of the
FDOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for indemnification
shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and indemnify within fourteen
(14) days of such notice shall not be excused because of the MAINTAINING AGENCY's inability to evaluate
liability or because the MAINTAINING AGENCY evaluates liability and determines the MAINTAINING AGENCY is
not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT
solely negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING
AGENCY shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's
delay in notifying the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the
above duty to defend.
710-010-52
UTILITIES
10101
Page 3 of 4
6. Force Majeure
Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non -performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
7. Miscellaneous
a. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,
except that the parties understand and agree that the FDOT has manuals and written policies and
procedures which shall be applicable at the time of the Project and the relocation of the Facilities and
except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility
Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists,
this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals,
policies, and procedures will be provided to the MAINTAINING AGENCY upon request.
b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions
hereof.
C. Time is of the essence in the performance of all obligations under this Agreement.
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 Tamara)
Jefferey L. Milk
7525 NW 88th
If to the FDOT:
Alaa EI-Halwac
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.
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
1g/gt
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 no change has been made to the text of this document except
through the terms of the Appendix entitled "Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
0 No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Signature ATTEST: 0�-� DATE:
//
(Typed Vame: Joe Schreiber Jeffrey L. Miller
(Typed Title: Mayor
Recommend Approval by the District Utility Office
BY: (Signature)
(Typed Name:
FDOT Legal Review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name:
(Typed Title:
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: (Signature)
City Manager
DATE:
DATE:
DATE:
DATE:
-4-2S-02
(Typed Name:
EXHIBIT A
The Maintaining Agency will maintain the roadway lighting along Commercial Boulevard (S.R.
870) from Sta. 68+42.00 (Florida's Turnpike) to Sta. 152+10 (N.W. 31" Avenue), from the
existing light pole immediately adjacent to A-1-1 to the existing light pole immediately adjacent
to A-11-50, as depicted on the lighting plans for Financial Project No. 228174-1-52-01.
P:\00-0079\Exhibit A_City of Tamarac Lighting Maintenance Agreement.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."
P:\00-0079\Changes to Form Documents_City of Tamarac Lighting Maintenance agreement.doc
TEMP RESO 9758 EXHIBIT 1
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 31 st Avenue as part of their Commercial Boulevard Improvement Project, hereto
attached as Exhibit u1"; 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" 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 311t
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 31st 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.
n
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 23'd day of January, 2002.
ATTEST:
MARION-€VVl NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A-y&
DIST 1: COMM. PORTNER 6 er
DIST 2: COMM. MISHKIN A-yei
DIST 3: V/M SULTANOF Ay&
DIST 4: COMM. ROBERTS 6 Pi
TR 9640
EXHIBIT "I"
po-ocy 19
INC.
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
41VATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
GIS
"Partners for Results
Value by Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 3.7990
(561) 286-3883
Fax: (561) 286-3925
,-I, ---.
MEMORANDUM
TO: Anh Ton, P.E.
FROM: Gino Charles, P.E.
DATE: October 27, 2000
SUBJECT: State Road 870 (Commercial Boulevard) From
Florida's Turnpike Entrances to East of NW 31" 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.
G'YC/smt
\\pc\projects\00-0079\McmcStatusSu mmaryAhnTon9-13 -00-doc
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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
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.
10-26-2001 15:40:13
R 0 A D Ver 3.00
Page 1 of
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)
WE
Pole Configuration:
Right Side Only
+-----0- <---+
...... >--meter array (One fixture cycle)
------ 0---- __--------- > X axis
* 1< ----- Approximate Observer Location(s) for
O- Luminance Calculations (not to scale)
10-26-2001 15:40:13 R 0 A D Ver 3.00
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
Page 2 of
Fixture Spacing along Roadway 175.000
Fixtures per Pole (Same Orientation) I
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
10-2 6-2001 15:40:13 R O A D Ver 3.00
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
I ---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
Page 3 of :
1:0-26-2001 15:46:04 R O A D Ver 3.00
Page 1 of
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
+-----0- < __+
...... >--meter array (One fixture cycle)
------ 0--------------- > X axis
* 1< ----- Approximate Observer Location(s) for
O- Luminance Calculations (not to scale)
r r
10-26-2001 15:46:04
R 0 A D Ver 3.00
L U M I N A I R E D E S C R I P T I O N
Luminaire: M400 PRISMATIC
Lamp: HPS 200-400
Photometric ID: 1016
Initial Lumens: 61000
Light Loss Factor: 0.940
Distribution Type: S-C-III
Comments: -
L U M I N A I R E S U M M A R Y
Page 2 of
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
Y
Coord
R 0 A D Ver 3.00
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 --- >
75.75
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)
Minimum Illuminance (Footcandles)
Maximum Illuminance (Footcandles)
Uniformity (Overall Average/Minimum)
Uniformity (Overall Maximum/Minimum)
Coefficient of Variance
Maximum Gradiant (Parallel to Axis)
1..71
0.84
2.99
2.05
3.57
0.49
2.91
Page 3 of
0
VOLTAGE DROP CALCULATIONS CALCULATED BY: Harry Fantan
PROJECT: Commercial Blvd(FPN 228174-1-52-01)
DATE: 3/19/2001
SERVICE POINT: 480V
CIRCUIT: A-1
LUMINAIRE WATTAGE 400 LO.A. (AMPS): 1.1
# OF LUMINAIRES PER POLE: 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
1631
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
TOTAL
29.71
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
21
66,3601
0.000194
MAXIMUM VOLTAGE DROP = 7%
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)
VOLTAGE DROP CALCULATIONS CALCULATED BY: Harry Fantan
PROJECT: Commercial Blvd(FPN 228174-1-52-01)
DATE: 3/19/2001
SERVICE POINT: 480V
CIRCUIT: A -II
LUMINAIRE WATTAGE 400 L.O.A. (AMPS): 1.1
# OF LUMINAIRES PER POLE: 1
DIST FROM
PREY 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
145.0
3
3
470
1.1
517.00
185.0
4
4
655
1.1
720.50
145.0
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
1110
9
9
1265
1.1
1391.50
111.0
10
10
1376
1.1
1513.60
11
11
1551
1.1
1706.10
12
12
1726
1.1
1898.60
13
13
2174.0
1.1
2391.40
A
14
14
2311.0
1.1
2542.10
15
15
2463.0
1.1
2709.30
16
16
2652.0
1.1
2917.20
17
17
2840.0
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
1.1.1
4078.80
175.0
22
22
3903.0
1.1
4293.30
175.0
23
23
14098.0
1.1
4507.80
175.01
24
24
4293.0
1.1
4722.30
205.0
25 (Existing)
25
5125.0
1.1
5637.50
TOTAL
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
2j
66.3601
0.000194
MAXIMUM VOLTAGE DROP = 7%
L= TOTAL[Dn x In]= 60260.20 =
TOTAL [In) 27.5
V= R x L x [TOTAL In] _
V= K x L x [TOTAL In] -
CIRCULAR MILS
%V= V x 100% - 3.87
LINE VOLT
%VOLTAGE DROP IS
OK
2191.28
fir-lkl
18.57
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 710-010.52
UTILITIES
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT
Pays 1 of 4
Financial Pro ect ID: 228174-1-52-01
_Work Program Item No. (old): 4111039
State Job No. (old): 86014-3518
Federal Project ID: N/A
County/Section No: Rroward / 52
District Document No:
THIS AGREEMENT, made and entered into this ?S day of J(,irl , year of 2(7DZ , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinalter 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.
710.019.5
urnms:
10)0
Peps 2 of
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 whicl
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, t
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 fourteei
(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.
>•laotasz
uTturt.Es
10101
p&o• a 014
6. Force Majoure
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
Jefferev L. Miller CityManager, with a co to Mitchell Kraft Cit Attorney
7 ` Avenue Tamarac Florida 33321
If to the FDOT:
Alaa El Ahlawagy
esi en ngineer
Avenue, ort au er a e, 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.
,`.
71f}010•;
UTILITIE
10K
Pay® 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:
0 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 Y
BY: (Signature) d .c.'y DATE: • 2 3- 0 2
(Typed Name: )
Recommend Approval by the District Utility Office
BY: (Signature)
(Typed Name:
FDOT Legal Review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name:
(Typed Title: )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: (Signature)
(Typed Name:
DATE:
DATE:
.DATE:
DATE:
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:\OO-M9 +� A—BrowacdCoTYafric.doc
CHANGES TO FQRMS 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\E.X, B Ciry of Tamamc.doc
TEMP RESO 9758
im = EXHIBIT 2
Florida Department of Transportation
JEB BUSH District Four Consultant Management Office
GOVERNOR 3400 West Commercial Blvd.
Fort Lauderdale, FL 33309-3421
Telephone: (954) 777-4480 FAX: (954) 777-4482
February 25, 2002
Mr. Raj Verma
Public Works Director and City Engineer
City of Tamarac
6011 Nob Hill Rd.
Tamarac, FL 33321
Dear Mr. Verma:
THOMAS K BARRY, JR.
SECRETARY
n
-�< C
co
v
0
Subject: Roadway Lighting System Maintenance Agreement
FM No.: 2281741
Broward County
S.R. 870, (Commercial Blvd.), from the Turnpike to NW 31st Ave
Enclosed please find a revised copy of the Roadway Lighting System Maintenance
Agreement. Unfortunately, there was an error in the previous copy that was sent to
you and approved by the Council. I apologize for the confusion that was caused by this
error. To avoid any further confusion, I believe that the previous agreement (which
was never fully executed) should be discarded, and replaced by this new agreement.
Please submit this to your staff and process in your usual manner.
Again, I apologize for the error in the previous package. If I can be of further
assistance, please call me directly at (954) 777-4480 or email to
ellen.daniel@dot.state.fl.us.
Sincerely,
en H. Daniel, P.E0
Project Manager
Enclosures: Roadway Lighting Maintenance Agreement (4 copies)
cc: Anne Endsley, FDOT Utilities
Sid Siddiqui, LBFH
file www.dot.state.fl.us ® RECYCLED PAPER