HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-091 Temporary Resolution No. TR13503
September 8, 2020
Page 1 of 5
S
CITY OF TAMARAC, FLORIDA
RESOLUTION R-2020 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING TASK
AUTHORIZATION NO. 20-20D AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO. 20-20D WITH MILLER LEGG TO
PROVIDE PROFESSIONAL LANDSCAPE
ARCHITECTURAL DESIGN AND CONSTRUCTION
ADMINISTRATION RELATED SERVICES, ATTACHED
HERETO AS EXHIBIT "1", FOR THE COMMERCIAL
BOULEVARD MEDIAN IMPROVEMENTS PROJECT IN
JOINT PARTICIPATION WITH THE CITY OF SUNRISE,
FLORIDA IN ACCORDANCE WITH THE CITY'S
CONSULTING ENGINEERING AGREEMENT AS
AUTHORIZED BY RESOLUTION NO. R-2016-80, FOR AN
AMOUNT NOT TO EXCEED $121,200.00; AUTHORIZING
THE EXECUTION OF A JOINT PARTICIPATION AND
• ASSOCIATED MAINTENANCE AGREEMENT BETWEEN
THE CITY OF TAMARAC AND THE CITY OF SUNRISE, IN
FURTHERANCE OF THE SCOPE OF THE PROFESSIONAL
SERVICES, HERETO ATTACHED AS EXHIBIT "2";
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a City of Tamarac Major Arterial Corridor Study was adopted by the
City Commission in 2014; and
WHEREAS, the Major Arterial Corridor Study("Study") addresses aesthetics within
the rights-of-way and provides streetscape solutions to include street furnishings, lighting,
utilities, hardscape and signage within the corridors; and
WHEREAS, Commercial Boulevard, from the Sawgrass Expressway off ramp to
Pine Island Road ("Project"), is identified in the Study as a major corridor in need of
• enhanced aesthetics; and
WHEREAS, Commercial Boulevard, from the Sawgrass Expressway off ramp to
Pine Island Road has shared boundaries between the City of Tamarac and the City of
Temporary Resolution No. TR13503
September 8, 2020
Page 2 of 5
11/
Sunrise; and
WHEREAS, the Intergovernmental Coordination Element and specifically Policy
1 .8 of the City of Tamarac Comprehensive Plan requires improved communication and
coordination with local municipal government, particularly those with which the City
shares a boundary; and
WHEREAS, the City of Sunrise, through the Joint Participation Agreement and
Maintenance Agreement, has agreed to participate and share in the design, development
and maintenance of the Project as further described in Exhibit "2"; and
WHEREAS, the City requires the services of a consulting firm knowledgeable in
this area and capable of providing professional services to prepare the design and related
services associated with the Project as further described in Exhibit "1"; and
WHEREAS, Miller Legg has been pre-qualified as an approved consultant for
engineering services by the City of Tamarac as authorized by Resolution No. R-2016-80,
incorporated herein by reference and on file at the Office of the City Clerk; and
WHEREAS, it is the recommendation of the Directors of Community Development
and Public Services that Task Authorization No. 20-20D from Miller Legg be approved,
executed and funded, attached hereto as "Exhibit 1" and incorporated herein and made
a specific part of this Resolution; and
WHEREAS, the Directors of Community Development and Public Services also
recommend that the City Manager be authorized to execute the Joint Participation
Agreement and Maintenance Agreement with the City of Sunrise attached hereto as
"Exhibit 2" and incorporated herein and made a specific part of this Resolution; and
WHEREAS, the CityCommission of the Cityof Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept and
Temporary Resolution No. TR13503
September 8, 2020
Page 3 of 5
execute the Task Authorization No. 20-20D with Miller Legg to provide professional
services to prepare and deliver the scope of services for the Project in an amount not to
exceed $121,200.00 and to share those costs with the City of Sunrise by and through the
execution of the Joint Participation Agreement and the Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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
1111 Resolution; all exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
SECTION 2: The City Commission approves Task Authorization No.20-
20D and authorizes the appropriate City Officials to execute Task Authorization No. 20-
20D with Miller Legg to provide professional services to prepare design, construction
administration and related services for the Project, in accordance with the City's
Consulting Engineering Agreement as authorized by Resolution No. R-2016-80, for an
amount not to exceed $121,200.00.
SECTION 3: The City Commission approves and authorizes the City
• Manager to execute the Joint Participation Agreement and Maintenance Agreement with
the City of Sunrise, attached hereto as "Exhibit 2"
Temporary Resolution No. TR13503
September 8, 2020
Page 4 of 5
SECTION 4: An appropriation in the amount of $121,200 is hereby
authorized and will be included in a budget amendment prior to November 30, 2020.
SECTION 5: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with Section 6-156(b) of the City
Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract price.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
.
SECTION 7: 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 in application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon its
adoption.
Temporary Resolution No. TR13503
September 8, 2020
Page 5 of 5
•
PASSED, ADOPTED AND APPROVED this i`'( day of�4 L/ , 2020.
gleitZ4
MICHELL . GOMEZ,
MAYOR
ATTEST:
Lt a z.a
JEN FER HN , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V./M. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
1674,ili - 7 '7 ze,
SA UEL S. GORE
CITY ATTORNEY 7
•
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (20 09 002M)
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Michael C. Cernech City Manager
FROM: Maxine A. Calloway,
Director of Community Development
DATE: September 8, 2020
RE: Task Authorization No. 20-20D Tamarac/Sunrise Commercial Boulevard
Landscaping Improvements - Temp. Reso. No. TR13503
RECOMMENDATION: The Director of Community Development recommends that the Mayor and City
Commission authorize the execution of Task Authorization No. 20-20D with Miller Legg, and execute
a Joint Participation and a Maintenance Agreement with the City of Sunrise, to provide professional
design services for inprovements on Commercial Boulevard(Project), for an amount not to exceed $121 ,200.00
(see attached Temporary Resolution No. TR13503), at its September 23, 2020 meeting.
ISSUE: City Commission approval is necessary to authorize both the award to Miller Legg for
professional design services for the Commercial Boulevard joint project with the City of Sunrise and to
execute the necessary agreements with Sunrise to effectuate their participation in the Project.
B( ACKGROUND: In 2014, the City Commission of the City of Tamarac adopted the Major Arterial Corridor Study
"Study)to address aesthetics within the rights-of-way and provide streetscape solutions throughout the City.The adopted
Study identifies major corridors in need of aesthetic solutions such as street furnishings, lighting, utilities,
hardscape and signage, and highlights Commercial Boulevard as a major corridor in need of enhanced
aesthetics.
It is important to note that Commercial Boulevard, from the Sawgrass Expressway off ramp to Pine
Island Road has shared boundaries between the City of Tamarac and the City of Sunrise. As such,
intergovernmental coordination between the Cities was necessary to achieve a coordinated Project.
The City's Comprehensive Plan includes an Intergovernmental Coordination Element which promotes
coordinate with all appropriate agencies and units of government in order to successfully implement
the Comprehensive Plan. Specifically, Policy 1.8 of the City of Tamarac Comprehensive Plan requires
improved communication and coordination with local municipal government, particularly those with
which the City shares a boundary. In this effort, the City has diligently worked with the City of Sunrise
over an extended period of time to arrive at an acceptable Joint Participation Agreement and
Maintenance Agreement, allowing for the sharing of costs associated with the Project and the
maintenance of same.
ANALYSIS: Miller Legg has been pre-qualified as an approved consultant for engineering services by
the City of Tamarac as authorized by Resolution No. R-2016-80. Based on the arrangement agreed to
with the City of Sunrise, Miller Legg will be retained by the City of Tamarac to provide Landscape
Architectural Design , construction administration and related services for the Project as further outlined
in their proposal, attached as Exhibit "1" for a not to exceed contract value of$121,200.
The City of Sunrise, by virtue of the Joint Participation Agreement, attached as Exhibit "2" has agreed
to share 50/50 all costs incurred as a result of the Project including but not limited to: design, bid
selection. construction, permits, inspections, maintenance and fees. The payment will be through the
form of a reimbursement in a manner further outlined in the Agreement.
Additionally, the City of Tamarac and the City of Sunrise will also enter into a Maintenance Agreement,
outlining the arrangement associated with the maintenance of the improvements for the Project. In
accordance with the Maintenance Agreement, the City of Tamarac will maintain the Project in itsAk
entirety, and then invoice the City of Sunrise quarterly, in arrears, for 50% of the actual costs of
maintenance and repairs made to the improvements/Project.
Resolution No. R-2016-80 authorized the appropriate City officials to select, approve, award, and execute
agreements with qualified consulting firms to provide professional services to qualified firms for
architectural, engineering, surveying, and landscape architectural services (see attached Resolution No.
R-2016-80). Miller Legg is identified as a qualified firm on Resolution No. R-2016-80 to perform the
services needed.
CONCLUSION: This Project supports the Intergovernmental Element of the Comprehensive Plan and
furthers Policy 1.8 as it relates to improved communication and coordination with local municipal
government. The Project also supports Goal #4, "Tamarac is Vibrant".
The Directors of Community Development and Public Services recommend that the Mayor and City
Commission authorize the execution of Task Authorization No. 20-20D with Miller Legg to provide
professional services to provide Landscape Architectural Design , construction administration and
related services for the City of Tamarac in accordance with the City's Consulting Engineering Agreement
as authorized by Resolution No. R-2016- 80, for an amount not to exceed $121,200 at its September
23, 2020 meeting.
FISCAL IMPACT: Funding in the amount of $121,200 is available in the CIP for this study. An
appropriation of $121,200 will be required to fund this contract and will be included in a budget
amendment prior to November 30, 2020 pursuant to Section 166.241(2), F.S.
111
Maxine A. Calloway
Director of Community Development
Attachments: Temporary Resolution No. TR13503
Resolution No. R-2016-80
Exhibit "1" - Scope of Services Authorization Pursuant to the Consultant
Agreement with the City of Tamarac and Miller Legg
Exhibit "2" — Joint Participation Agreement between the City of Tamarac and the
City of Sunrise
Maintenance Agreement between the City of Tamarac and the City of
Sunrise
Temp. Reso. #12836
Page 1
August 3, 2016
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- g0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SELECT, APPROVE
AWARD, AND EXECUTE AGREEMENTS WITH QUALIFIED
CONSULTING FIRMS TO PROVIDE PROFESSIONAL
SERVICES FOR A PERIOD OF THREE (3) YEARS WITH AN
OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEAR
PERIOD ON AN "AS NEEDED" BASIS TO QUALIFIED FIRMS
THAT RESPONDED TO REQUEST FOR QUALIFICATIONS
#16-23Q FOR PROFESSIONAL SERVICES CONTINUING
SERVICES AGREEMENTS, WHICH WAS COMPETITIVELY
SOLICITED, FOR ARCHITECTURAL, ENGINEERING,
SURVEYING AND LANDSCAPE ARCHITECTURAL
SERVICES AS DEFINED IN FLORIDA STATUTES CHAPTER
287.055, THE CONSULTANTS' COMPETITIVE
NEGOTIATION ACT (CCNA) FOR VARIOUS
11 PROFESSIONAL SERVICES DISCIPLINES AS
DETERMINED BY THE EVALUATION OF THE SELECTION
ADVISORY COMMITTEE IN THE BEST INTEREST OF THE
CITY; EFFECTIVE UPON APPROVAL; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBSEQUENT TWO (2)
YEAR RENEWAL OPTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is faced with the challenge of meeting the
increased demands imposed by regulatory agencies, development, infrastructure
modifications and expansions utilizing the latest technology for efficient and safe operation;
and
WHEREAS, the City of Tamarac's operations and programs over the next three to
five years require the utilization of specialized services from consultants to meet these
demands; and
Temp. Reso. #12836
Page 2
August 3, 2016
WHEREAS, the City of Tamarac publicly advertised Request for Qualifications
No. 16-23Q for Continuing Services Agreement for Architectural, Engineering,
Landscape Architect, and Surveying Services to be utilized Citywide for a period of up to
five years on an "as needed" basis, a copy of which is on file with the City Clerk; and
WHEREAS, Continuing Services Agreements will be utilized to provide
Architectural, Engineering, Landscape Architect and Surveying services for a number of
City capital projects and engineering studies on an "As Needed" basis for services to
accommodate various projects which may include, but not be limited to the project list
shown in Exhibit "A" , included herein.
WHEREAS, on August 1, 2016, submittals from the following twenty-one (21)
qualified firms:
Avirom &Associates, Inc.
Bermella, Ajamil & Partners, Inc.
Calvin Giordano &Associates, Inc.
Cardno, Inc.
CPZ Architects, Inc.
Craven Thompson &Associates, Inc.
David & Gerchar, Inc.
DMRP, Inc.
Eckler Engineering, Inc.
FICE International Consulting Engineering Design, Inc.
HSQ Group, Inc.
Mathews Consulting
Temp. Reso. #12836
Page 3
11
August 3, 2016
McLaughlin Engineering Co.
McMahon Transportation Engineers & Planners
Miller Legg
R. J. Behar & Co., Inc.
Saltz Michelson Architects
Stantec Consulting Services, Inc.
Synalovski Roman & Saye
Tamara Peacock Co., Architects
Walters Zackria Associates
; and
WHEREAS, the Continuing Services Agreement process was established
111 pursuant to the requirements of Florida Statutes Chapter 287.055, the Consultants'
Competitive Negotiation Act (CCNA); and,
WHEREAS, Section 6-146 (b) of the Tamarac Procurement Code provides for the
establishment of a Selection Advisory Committee (SAC) for the evaluation of proposals and
qualifications which are solicited pursuant to the CCNA statutes which is composed of the following
individuals or their designees: the City Manager, the Assistant City Manager, the Director of Public
Services, the Director of Financial Services, the Director of Community Development, the City
Engineer, and the Purchasing and Contracts Manager who shall have voting privileges and facilitate
the process; and,
WHEREAS, the following individuals were designated to serve on the SAC by the
staff whose titles are enumerated in Section 6-146 (b) of the Tamarac Procurement Code: The
11 Assistant Director of Public Services for Utilities on behalf of the City Manager, the Assistant City
Temp. Reso. #12836
Page 4
August 3, 2016
Engneer on behalf of the Assistant City Manager, the Director of Public Services, the Assistant
Director of Community Development on behalf of the Director of Community Development, the
Grants Administrator/Budget Analyst on behalf of the Director of Fnancial Services, the City
Engineer,and the Purchasing and Contracts Manager;and,
WHEREAS, the SAC will be charged to recommend the award of the
appropriate consulting firms for the various disciplines enumerated within the Request for
Qualifications; and,
WHEREAS, the Director of Public Services and the Purchasing and
Contracts Manager recommend that the SAC be authorized to select, approve and
award contracts to the appropriate firms to receive continuing services agreements if
appropriate according to the firms' professional expertise and qualifications, for the
various disciplines established in RFQ 16-23Q from the pool of qualified firms who
responded to RFQ 16-23Q; and, 10
WHEREAS, the Director of Public Services and the Purchasing and
Contracts Manager recommend that the City Manager be authorized to execute
agreements for Professional Service Contracts and to authorize any contract renewals
on an "As Needed" basis; 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
SAC to select, approve and award contracts to the appropriate firms to receive
continuing services agreements according to the firms' professional expertise and
qualifications, for the various disciplines established in RFQ 16-23Q from the pool of
qualified firms who responded to RFQ 16-23Q; and,
Temp. Reso. #12836
Page 5
August 3, 2016
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
City Manager to execute agreements for Professional Service Contracts as needed and
to authorize any contract renewals on an "As Needed" basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: That the SAC is authorized to select, approve and award contracts
110 to the appropriate firms to receive continuing services agreements according to the firms'
professional expertise and qualifications, for the various disciplines established in RFQ
16-23Q from the pool of qualified firms who responded to RFQ 16-23Q.
SECTION 3: The City Manager is authorized to execute agreements for
Professional Service Contracts and to authorize any contract renewals on an "As
Needed" basis.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section or 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 potions or applications of this
Resolution.
Temp. Reso. #12836
Page 6
August 3, 2016
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 01-1' day of aluAltt , 2016.
IY H DRESSLER, MAYOR
ATTEST:
TRICIA A. TEUF L, C RECORD OF COMMISSION VOTE:
CITY CLERK
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL 1110
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
/ryy a ,
MUEL S. GO EN
CITY ATTORNE
11
111.11111.111 CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
TAMARAC
• 7525 NW 88TH AVENUE
The City For Your Lite TAMARAC, FL 33321
"Committed to Excellence...Always
ATTACHMENT A Revised July 27, 2016
LIST OF CAPITAL IMPROVEMENT PROJECTS OR STUDIES SCHEDULED WITHIN THE NEXT (5)
YEARS*
*The City may potentially require the use of one or more Continuing Services Contractors for the following
projects scheduled during the next 5 years.
COMMUNITY DEVELOPMENT
-Corridor Buffer Walls
Phase 1. Tamarac Lakes South GP14K
Phase 2A. Mainlands 7 GP15G
Phase 2B. Woodlands GP15I
Phase 2B. Woodlands GP15I
Phase 3. Westwood 3, 4, &7 GP16B
Phase 4. Woodmont- Southgate & Pine Island Road
Phase 4. Woodmont- Southgate & Pine Island Road Phase 5.
Phase 5. Mainlands 8,9,11 & 12
-Comprehensive Signage Program PW16B
-Neighborhood Signage Program GP12B
-Bus Benches (21) GP17A
-Decorative Hardscape
-Architectural Plan Review(s) for submitted Site Plans (Term Agreement)
• -Ongoing Traffic studies—Annual Needs
-Housing Specification Writer and Construction Administrator
INFORMATION TECHNOLOGY
-Security System Improvements GP15F
PUBLIC WORKS
-Colony West Club House PW16E
-Colony West Golf Course — Rehabilitation or upgrade of current golf course and property as may be
needed.
-Pine Island Pedestrian Crossing PW1OB
-Fire Station #36: University Drive FR16A
-Fire Station #36: University Drive FR16A
-Fire Station #36: University Drive FR16A
-Fire Station #48 EMS Sub-Station
-Firehouse Garage Door Replacements (16 and 41)
-Bikeways Path Phase 4 PW16G
-Waters Edge Park PW17A
-Caporella Aquatic Center Main Pool & Sprayground Resurfacing PW17B
-Caporella Aquatic Center Large Slide Replacement PW17C
-Caporella Aquatics Center Pump Room Renovations PW17D
-Sports Field Sod at Tamarac Park PW17E
-Material Storage Bins - TSC & Rec Center PW17F
-Tamarac Park Playground Project
-Waterview Park
-Tamarac Sports Complex Concession Bldg/Site Improvement
Ill16-23Q- Continuing Services Agreement For
Architectural/Engineering,Landscape Architect&Surveying Services Addendum No.2
Page 2 of 4
CITY OF TAMARAC
TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88T"AVENUE
The City For Your Lice TAMARAC, FL 33321 •
"Committed to Excellence...Always
-Tamarac Sports Field#4 Renovation Project
-Bikeways Path Phase 5
-Bikeways Path Phase 6
-Tephford Park
-Sabel Palm Parcel
-Swim Central Annex
-Tamarac Village - Park
-Caporella Park Improvements
-NW 77th Street Multi-Purpose Trail
-Tamarac Village programming consulting as needed including but not limited to build-out, infrastructure,
landscaping, streetscape or related services
-Reroof of the Tamarac Community Center
PUBLIC SERVICES -STORMWATER
-Citywide Culvert& Headwall Improvements
-Preparing the Annual Reports and meeting the requirements of the City's NPDES Phase I MS4 Permit,
including but not limited to:
• Meeting TMDL requirements of the City's NPDES Phase I MS4 Permit
• Water Quality Monitoring
• Report writing/preparation assistance
• Develop a BPCP in accordance with FDEP
• Mapping Services
• Stormwater BMP retrofit design (e.g., for existing systems without water quality treatment,
or for which additional treatment or new technologies could be applied)
• Stormwater facilities inspections •
UTILITIES
-Wastewater Pump Station Renewal UT16S
-WTP Stormwater Improvements UT16R
-SCADA Upgr.for Water Plant Wells&Wastewater PS UT16J
-Tamarac Lakes South WM Replacement UT16K
-WTP Well Upgrade Project WTP Renewal/Replacement UT16G Electrical/Mechanical -Pump Station
Renewal UT16F Irrigation Replacement UT16H Tamarac West System --Rehabilitation UT16E Water
Distribution System Upgrade WTP
-Building Envelope Improvements/Stucco UT17M
-Shaker Village Paving Project after Pipe Bursting UT17N
-Replace Greenleaf Filter Media/Sandblast/Paint UT17A
-Install Mixers in Grants Plaza&Tr 27 Water Tanks UT17O
-Sewer Main Rehabilitation (I & I) UT17D
-Rehab Accelators- Internals UT16Q Grants/TAM Sq. WM Replacement UT18B
-Replace Tr 27 pumps with VFd's and New MCC UT18C
-Relocate Backyard Water Mains - Tamarac East UT17C
-Tract 27 Generator&ATS Replacement UT18D
-Water Master Plan Study N/A
-Replace WTP Package Filter Media - Filters 3 &4
-Grants Shopping Center Generator Replacement UT18F Utilities Capital Fund 441
-Replace Wastewater Force Mains UT18A Utilities Capital Fund 441
-Replace Lime Silos and Slaker Systems
16-23Q- Continuing Services Agreement For
Architectural/Engineering,Landscape Architect&Surveying Services Addendum No.2 •
Page 3 of 4
IIPIUPIIIIU
CITY OF TAMARAC
TAMARAC 7525
AND CONTRACTS DIVISION
• 7525 NW 88T"AVENUE
The City For'TOUT Life TAMARAC, FL 33321
"Committed to Excellence...Always
-Rate Study
-MIEX @ Pretreatment System
-McNab Force Main, 92nd Ave/Nob Hill Rd. (US03E)
-Wastewater System Master Plan (Study)
-Tamarac Village Utilities Infrastructure Consulting as needed
-Replace Package Filters 1-2 (Remove 4MG Accelator)
-Water Quality Report(s) —Annual
III
III16-23Q- Continuing Services Agreement For
Architectural/Engineering,Landscape Architect&Surveying Services Addendum No.2
Page 4 of 4
MILLER LEGG
December 18, 2019
Via E-mail: John.Doherty@tamarac.org
John E. Doherty, P.E.
Assistant Director of Public Services
Capital Projects Manager
6011 Nob Hill Road, Second Floor,
Tamarac, FL 33321
Re: Tamarac Commercial Boulevard Landscaping Improvements (the "Project")
Miller Legg Proposal No. 19-P0329
Dear John:
Per our telephone and email correspondences, please find the attached updated scope
and fee proposal related to the proposal for landscape improvements on Commercial
Boulevard as shown in Exhibit A.
Per our coordination the following are our subconsultants: US Utility Potholing & Air
Excavation and Lighting / Electrical Engineering — CES Engineering Services. Please let
us know if you need any credentials or additional information in regards to the
subconsultants.
Should you have any questions, please contact me at (954) 628-3607 or
bshore@millerlegq.com. We appreciate the opportunity to present this proposal and
look forward to hearing from you soon.
Very truly yours,
?JAJL
Brian R. Shore, RLA
Associate, Landscape Architecture
LF/bs/mk
Attachments: Exhibit A— Scope of Services
V:\Proposals\2019\19-P0329 Tamarac Commercial Boulevard Landscaping Improvements\Proposal\Agreement cover.docx
IMPROVING COMMUNITIES. CREATING ENVIRONMENTS.
South Florida Office: 5747 N Andrews Way • Fort Lauderdale,Florida 33309-2364
(954)436-7000 • Fax: (954)493-6539
EOE/DFW www.►nillerlegg.com
December 18, 2019
EXHIBIT A— SCOPE OF SERVICES
Tamarac Commercial Boulevard Landscaping Improvements (The "Project")
Landscape Architecture
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: providing landscape
architectural, lighting, electrical, and irrigation design, permitting, and
construction administrative services for improvements to the existing
system of medians on Commercial Blvd between The Sawgrass
Expressway and Pine Island Road in the cities of Tamarac/Sunrise Florida.
1.2 In addition to providing Landscape Architectural Design and construction
administrative services; this project includes coordination efforts with
multiple agencies having jurisdiction including but not limited to: Florida
Turnpike Authority (FTE), Broward County Construction & Highway
Engineering Division (BCCHED), Broward County Traffic Engineering
(BCTE), Broward County Environment Division (BCED), South Florida
Water Management District (SFWMD), City of Tamarac, and the City of
Sunrise.
1.3 Sub-consultants as part of this contract are as follow:
• Vacuum Excavations - US Utility Potholing & Air Excavation
• Lighting / Electrical Engineering — CES Engineering Services
1.4 Consultant shall prepare Conceptual plans, and 30%, 60% and 100%
construction plans. 100% construction plans will be used for permit
submittals to Agencies Having Jurisdiction (AHJ's).
1.5 Plan review and permitting fees are included as reimbursable. Impact fees,
tariffs, bonds, and tree mitigation credits that may be associated with the
project are not included and are the responsibility of the AHJ.
2.0 Basis of Scope
2.1 General:
• This Scope references the Master Agreement between Miller Legg
(The Consultant) and the City of Tamarac, dated October 26, 2016:
to provide for "as needed" project task landscape architectural
services.
ML Proposal No: 19-P0329 Page 1 of I2 Initial: ML: Client:
December 18, 2019
• The reviewing/permitting entities for landscape architectural design
include: FTE, BCCHED, BCTE, BCED, SFWMD, City of Tamarac,
and the City of Sunrise.
• The Consultant is not responsible for the inter-departmental
agreements.
• All applicable design will be completed in accordance with the latest
edition of all Federal, State, and local regulatory requirements and
codes including but not limited to the Florida Building Code and
Florida Design Manual (FDM).
• No book specification package preparation is included in this scope.
All notes and will be on the drawings. Book
specifications 9
specifications can be provided as an additional service.
• Develop a project schedule to include Design, Permitting, Bidding
and Construction
2.2 Survey/ Utility Coordination
• Horizontal survey information shall be used only for base drawing
information only. Base file shall only include medians. Elevations will
not be included.
• Alta/Topographic Survey/Title Exception Review are not required
and not included.
• Survey will not be based on the adjacent right of way, nor any legal
description and/or geometrically aligned datum.
• Location and elevations of underground utilities are based on site
observation only and/or available as-builts. Consultant cannot
guarantee that all utilities will be located.
• The depiction of trees on the survey drawing will be in accordance
with code requirements of the City of Tamarac.
2.3 Landscape Architecture
There are existing trees on-site; tree removal/relocation or permitting is
part of this Scope of Services.
ML Proposal No: 19-P0329 Page 2 of I2 Initial: ML: Client:
December 18, 2019
. FDOT/County sight line criteria and other safety criteria will be followed
in the design and placement of landscape materials for this project.
• Plant material is limited to the medians within the corridor. Planting
within other areas such as swales is not included.
▪ Hardscape designs are included for pavers and decorative concrete, in
accordance with the Major Arterial Corridor Study.
• Irrigation for the Project is required: there is not an existing system in
place. The proposed water source is non-potable, from wells and/or the
lake on the north side of Commercial Blvd between NW 94th Ave and
Nob Hill Rd. Water use permitting will be required and submitted with
the City of Tamarac being the lead agency on the application.
• Lighting for the project is required and will be limited to decorative
landscape / accent light fixtures.
. Light fixtures are limited to decorative landscape / accent light fixtures;
therefore a photometric study is not included.
. Electrical service design for the irrigation pump station and lighting is
included in this scope.
2.4 Construction Administration
▪ Based on its general observation, Consultant shall keep Client informed
about the progress of the work and shall endeavor to guard Client
against deficiencies in the work. If Client desires more extensive Project
observation or full-time Project representation, Client shall request that
such services be provided by Consultant as Additional Services in
accordance with the terms of this Agreement.
. Consultant shall not supervise, direct nor have control over the
Contractor's work, nor will it have any responsibility for the construction
means, methods, techniques, sequences or procedures selected by the
Contractor, or for the Contractor's safety precautions or programs in
connection with the work. These rights and responsibilities are solely
those of the Contractor in accordance with the contract documents.
• Consultant shall not be responsible for any acts or omissions of the
Contractor, subcontractor, or any entity performing any portions of the
work, or any agents or employees of any of them. Consultant does not
ML Proposal No: 19-P0329 Page 3 of I2 Initial: ML: Client:
December 18, 2019
guarantee the performance of the Contractor and shall not be
responsible for the Contractor's failure to perform its work in accordance
with the contract documents or any applicable laws, codes, rules or
regulations.
• On-site field representatives do not have the authority for any design or
field directives or changes. Any potential changes that may be
necessary during the course of construction shall be issued in writing by
Consultant.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
• A letter from Owner granting access to the site and giving approval for
Consultant to perform the services listed below.
• Copies of all relevant data, including correspondence, reports, plans or
information in Client or Owner possession which may be beneficial to
the work effort performed by Consultant.
• Copies of all required Inter-local agreements
• Copies of maintenance agreements for other AHJ's
• Previous reports and assessments
• The Client shall be responsible for coordination of project
requirements and plan reviews with the City of Sunrise.
• The Client shall be responsible for the payment of any impact fees,
bonds, tariffs, or tree mitigation credits as necessary due to the project.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be as follows:
SURVEY/UTILITIES TASKS
Task 1A Horizontal Base File / Survey - Consultant shall prepare a Specific
Purpose Survey of the existing medians on Commercial Boulevard
between the Sawgrass Expressway and Pine Island Road. The survey
shall show only above ground improvements within above medians, such
ML Proposal No: 19-P0329 Page 4 of 12 Initial: ML: Client:
December 18, 2019
as: trees and other plantings, hardscape features, curbing, above ground
utility structures, signage, guardrails and bridge supports.
Task 1 B Utility Designation in Subsurface Investigation - Consultant shall provide
utility designation services at the above referenced Project. APWA
standards are used for marking. A subsurface ground penetrating radar
(GPR) unit will be used in addition to electromagnetic induction (EM) to
perform/verify horizontal locations of any detectable utility. A GPR unit can
assist in identifying nonmetallic utilities and other structures that are
unidentifiable using traditional electromagnetic techniques. Factors such as
soil moisture clay content and variations in the dielectric constants of
materials control the effectiveness of the GPR method. Additionally, passive
VLF signals can be detected on other metallic utilities that are typically long
in length are well grounded electrically.
Designating underground utilities is not an exact science. Therefore,
Consultant expresses no guarantees that using one or any of the available
technologies for identifying utilities/structures will identify all
utilities/structures and/or meet the objective of each individual Project.
Client understands that limitations within the available technology, the
complexity of site conditions and circumstances beyond the control of
Consultant may limit the performance/results of Consultant's services.
The services provided by Consultant shall be performed in accordance with
generally accepted professional practices as related to the nature of
services performed. Consultant cannot guarantee that all utilities within any
given survey area will be identified as a result of inherent within technology
and existing site conditions. Utility location is being provided in an attempt
to prevent or reduce the likelihood of damage during excavation and/or
provide design information.
Task 1C Vacuum Excavations — Subconsultant (US Utility Potholing & Air Excavation)
shall perform up to fifteen (15) vacuum excavations for the purpose of
physically measuring vertical location, diameter, type of material and depth
of utilities at locations in the vicinity of directional boring.
Vacuum test holes are a technique used to safely expose utilities using
compressed air or vacuum air. Vertical elevation, diameter, type of material,
and other information are obtained once the utility is exposed.
Task 1 D Utility Coordination - Consultant will coordinate with eleven (11) identified
utilities contacted within or adjacent to project corridor. Coordination includes
submittal of 60% plans to obtain as-built information / documentation of
existing utilities.
ML Proposal No: 19-P0329 Page 5 of 12 Initial: ML: Client:
December 18, 2019
CONCEPTUAL DESIGN TASKS
Task 2 Data Collection- Consultant shall review project horizontal base survey, flag,
identify (common and scientific name), and record DBH, canopy, etc., for
the existing trees on the Project site and incorporate this information into
the base plans. Consultant shall create an arborist report.
Task 3 Conceptual Landscape Plan (30%) — Consultant shall attend one (1)
kick-off meeting with Client to review project scope and schedule.
Consultant shall prepare one (1) conceptual planting plan for Client
review. This conceptual plan will include locating trees and
shrubs/groundcover masses. One (1) preliminary opinion of probable cost
is included in this Task. Consultant shall conduct up to three (3)
conceptual plan review meetings with Client and AHJs. Consultant shall
provide one (1) round of revisions, for client review, based on the
comments from meetings.
Task 4 Conceptual Lighting Plan (30%) — Consultant shall prepare conceptual
lighting on the preferred Conceptual Landscape plan for Client review.
This conceptual lighting plan will include lighting layout and fixture types.
One (1) preliminary opinion of probable cost is included in this Task.
Meetings for lighting review are included in the Conceptual Landscape
Task. Consultant will provide one (1) round of revisions based on the
comments from meetings.
DESIGN DEVELOPMENT TASKS
Task 5 Landscape & Hardscape Design Development (60%) - Consultant shall
develop Design Development level landscape documents based on the
approved Conceptual Design. The landscape design shall depict proposed
plantings with regard to their relationship with the site features. Locations,
materials, plant species/sizes, notes, details and quantities shall be
included with the plans.
Consultant shall develop Design Development level hardscape documents
based on the approved Conceptual Design. The hardscape design shall
depict proposed hardscape, paving materials, patterns, layout and detail
with regard to their relationship with the proposed site landscaping. Paving
materials, patterns and layouts will be addressed in the plans, notes,
details and quantities.
Consultant shall conduct one (1) 60% plan review meeting with Client and
AHJs.
ML Proposal No: 19-P0329 Page 6 of 12 Initial: ML: Client:
December 18, 2019
Task 6 Lighting & Electrical Design Development (60%) — Subconsultant (CES
Engineering Services) shall develop Design Development level lighting
documents based on the approved Conceptual Design. Documents will
include plans, details and notes. The lighting design shall depict proposed
lighting fixtures, their locations, and electrical services.
Subconsultant (CES Engineering Services) shall attend one (1) meeting for
lighting 60% plan review.
Task 7 Irrigation Design Development (60%) — Consultant shall coordinate with Client
for final irrigation point(s)of connection location(s). Consultant shall prepare
irrigation design development plans. These irrigation plans shall show point
of connection, mainline alignment and irrigation zone areas/type.
CONSTRUCTION DOCUMENTS TASKS
Task 8 Landscape & Hardscape Construction Documents (100%) - Consultant
shall prepare 100% planting Construction Documents based on the
approved 60% plans. These documents shall include plans, details,
quantities, notes and size specifications for the installation of the proposed
landscaping. The landscape design shall meet applicable landscape
requirements.
Consultant shall prepare 100% hardscape Construction Documents based
on the approved 60% plans. These documents shall include plans, details,
quantities, notes and size specifications for the installation of the proposed
hardscape. Any required structural design for the hardscape will be
provided by others.
One (1) opinion of probable construction cost, based on the 100%
completed plans is included in this Task.
Consultant shall prepare a tree permit application and support
documentation that includes plans, location maps, mitigation tables and
other information as required for permitting existing trees proposed for
removal or relocation. This Task does not include the application fee
required for tree removal/relocation.
Task 9 Lighting & Electrical Construction Documents (100%) - Subconsultant (CES
Engineering Services) shall prepare 100% landscape lighting construction
documents based on the approved 60% plans. These documents shall
include plans, details, quantities, notes and specifications
ML Proposal No: 19-P0329 Page 7 of I2 Initial: ML: Client:
December 18, 2019
for the installation of the proposed landscape lighting and irrigation pumps
/ controllers (if applicable).
One (1) opinion of probable construction cost, based on the 100%
completed plans is included in this Task.
Task 10 Irrigation Construction Documents (100%) - Consultant shall prepare 100%
irrigation construction documents for the proposed landscape planting
areas based on the approved 60% irrigation plans. The documents shall
include plans, notes, details and specifications for the location, quantity and
size of proposed irrigation material installation.
One (1) opinion of probable construction cost, based on the 100%
completed plans is included in this Task.
Task 11 Water Use Permitting - Consultant shall prepare and submit a water use permit
application to the SFWMD for approval. Consultant shall also prepare
applications and submit to the South Florida Water Control District. This
Task does not include preparation of the irrigation plans, design of the
irrigation pump or aquifer drawdown modeling that may be requested by
SFWMD. If such modeling is required, Consultant can provide the modeling
as an additional service via a hydrologistconsultant.
CONSTRUCTION ADMINISTRATION TASKS
Task 12 Bidding Assistance/Contract Administration - Consultant shall assist Client
in bidding the landscape architecture work. Consultant shall attend one (1)
pre-bid conference and assist Client in responses to up to five (5) pre-bid
Requests for Information (RFIs).
Task 13 Preconstruction Services - Consultant shall coordinate with Client; attend
up to one (1) pre-construction conference and review all required materials
list, shop drawings, review substitutions or Contractor's Request for
Information (RFIs).
Task 14 Landscape, Hardscape and Irrigation Construction Administration —
Consultant shall provide general observation of the planting, hardscape,
landscape lighting and irrigation work and verification of system testing.
Consultant shall provide up to fifteen (15) site visits including installation
walk-throughs, system testing, substantial completion walk-through and
final walk-through. Field observation documentation is included in thetask.
Consultant shall assist Client in evaluation of up to twelve (12) change
order requests, COR, RFIs or pay applications. Review of or responses to
ML Proposal No: 19-P0329 Page 8 of I2 Initial: ML: Client:
December 18, 2019
additional CORs, RFIs, or pay applications will be provided under the
miscellaneous construction services task.
Task 15 Construction OAC/Progress Meeting Attendance — Consultant shall attend
up to fifteen (15) OAC/ construction progress meetings during the
construction period.
Task 16 Landscape Statement of Work Completion — Consultant shall include
statement of work completion for the Project's planting, lighting, electrical,
hardscape, and irrigation installations as required by the City of Tamarac.
Prior to preparation of the statement, Consultant shall prepare one (1) initial
punch-list, one (1) final punch-list for the planting and irrigation and review
of irrigation as-builts prepared by contractor.
Task 17 Miscellaneous Construction Phase Services - Consultant shall provide
additional construction services. Services shall be invoiced on an hourly
basis. These services shall be rendered up to the hourly not to exceed fee
specified.
Task 18 Time + Materials — Consultant shall be responsible for all permit submissions,
fees, and associated costs, excluding impact fees, bonds, tariffs, or
mitigation tree credits. All permit fees will be reimbursed, as a direct pass
through (i.e.without markup)on properly submitted invoices, with applicable
back-up documentation.
Anticipated Permitting Jurisdictions:
• Broward County
• Broward County Environmental Engineering
• South Florida Water Management District
• Florida Turnpike
5.0 INSURANCE REQUIREMENTS
Consultant shall conform to the Insurance Requirements as specified in the City's Request
for Qualifications #16-23Q, reiterated herein, as well as the additional requirements listed
below which are as follows:
5.1 Consultant agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now in
effect, or hereinafter enacted during the term of this agreement that are
applicable to Offeror, its employees, agents, or subconsultants, if any, with
respect to the work and services described herein.
5.2 Consultant shall indemnify and save the City of Tamarac and the City of Sunrise
harmless from any damage resulting to it for failure of either Consultant or any
Sub-Consultant to obtain or maintain such insurance.
ML Proposal No: 19-P0329 Page 9 of 12 Initial: ML: Client:
December 18, 2019
5.3 The following are required types and minimum limits of insurance coverage,
which the Consultant agrees to maintain during the term of this contract:
5.4 Neither Consultant or any Sub-Consultant shall commence work on any
Project/Improvements including but not limited to, fencing, construction, and
maintenance until Consultant provides proof of obtaining all insurance required under
this section and has provided evidence to both the City of Tamarac and the City of
Sunrise in the form of a Certificate of Insurance. The Consultant will ensure that all
Sub-Consultants will comply with the guidelines stated in Section 5 of this
Agreement and will maintain the necessary coverages throughout the term of
this Agreement.
Insurance Requirements Occurrence Aggregates
Limits
Line of Business/Coverage
Commercial General Liability including: $1,000,000 $1,000,000
• Premises/Operations
• Contractual Liability
• Personal Injury
• Explosion, Collapse, Underground
Hazard
• Products/Completed Operations
• Broad Form Property Damage
• Cross Liability and Severability
of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Liability Statutory
5.5 In addition, Consultant must provide the City with evidence of Professional
Liability insurance with, at a minimum, a limit of$1,000,000 per
occurrence and in the aggregate. "Claims-Made" forms are acceptable only
for Professional Liability.
5.6 The City reserves the right to require higher limits depending upon the scope
of work under this Agreement.
5.7 Consultant shall comply with the above guidelines and will maintain the
necessary coverages throughout the term of this Agreement. The consultant's
insurance carriers shall be rated at least A-VI' per Best's Key Rating Guide
and be licensed to do business in Florida. "Occurrence" form policies are
required.
ML Proposal No: 19-P0329 Page 10 of 12 Initial: ML: Client:
December 18, 2019
5.8 Consultant shall provide a Waiver of Subrogation, unless prohibited by insurance
carrier's terms and conditions, in favor of both the City of Tamarac and the City of
Sunrise. The Consultant shall be responsible for the payment of all deductibles
and self-insured retentions.
5.9 Consultant's commercial general liability insurance and umbrella/excess liability
insurance shall endorse both the City of Tamarac and the City of Sunrise as
additional insureds and as Certificate holders, or indicate coverage is afforded on
follow-form basis for umbrella/excess liability insurance. Consultant shall provide
a certificate of insurance to all of the additional insured entities including the City
of Tamarac and the City of Sunrise.
5.10 The City of Tamarac shall have the sole discretion on limits of liability and other
insurance terms and conditions, such as business auto liability insurance,
professional liability. Mandatory workers' compensation insurance may not be
satisfied by employee leasing arrangements or exemptions, for Consultant unless
otherwise stated herein.
6.0 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless both the City of Tamarac and the City of
Sunrise in accordance with both §725.08 and §558.0035, Florida Statutes, in the
performance of this Agreement. Consultant agrees that these indemnifications shall survive
after the termination of this Agreement.
7.0 SCRUTINIZED COMPANIES
By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and
F.S. 215.473, Consultant certifies that Consultant is not participating in a boycott of Israel.
Consultant further certifies that Consultant is not on the Scrutinized Companies that Boycott
Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has
Consultant been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City of Tamarac or the City of Sunrise will not contract for the
provision of goods or services with any scrutinized company referred to above. Submitting a
false certification shall be deemed a material breach of contract. The City of Tamarac and/or
the City of Sunrise shall provide notice, in writing, to Consultant of the determination by either
the City of Tamarac or the City of Sunrise concerning the false certification. Consultant shall
have five (5) days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Consultant shall have ninety (90)
days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Consultant does not demonstrate that
the determination by either the City of Tamarac or the City of Sunrise of false certification was
made in error then both the City of Tamarac and the City of Sunrise CITY shall have the right
to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
V:\Proposals\2019\19-P0329 Tamarac Commercial Blvd Landscaping Improvements\Proposal\Exhibit A.docx
ML Proposal No: 19-P0329 Page I I of 12 Initial: ML: Client:
December 18, 2019
FEE SUMMARY
TASK TASK LUMP SUM HOURLY
NUMBER FEE NTE FEE
SURVEYING SERVICES
SURVEY/UTILITIES TASKS
Task 1 A Horizontal Base File/Survey $ 12,500.00
Task 1 B Utility Designation in Subsurface Investigation $ 13,500.00
Task 1 C Vacuum Excavations $ 5,000.00
Task 1 D Utility Coordination $ 13,000.00
Survey/Utilities Tasks subtotal: $44,000.00
LANDSCAPE ARCHITECTURE SERVICES
CONCEPTUAL DESIGN TASKS
Task 2 Data Collection $ 1,000.00
Task 3 Conceptual Landscape Plan (30%) $ 6,000.00
Task 4 Conceptual Lighting Plan (30%) $ 5,000.00
Conceptual Design Tasks subtotal: $ 12,000.00
DESIGN DEVELOPMENT TASKS •
Task 5 Landscape & Hardscape Design Development(60%) $ 10,000.00
Task 6 Lighting & Electrical Design Development(60%) $ 3,000.00
Task 7 Irrigation Design Development(60%) $ 4,500.00
Design Development Tasks subtotal: $ 17,500.00
CONSTUCTION DOCUMENTS TASKS
Task 8 Landscape & Hardscape Design Development (100%) $ 9,000.00
Task 9 Lighting & Electrical Design Development (100%) $ 3,000.00
Task 10 Irrigation Design Development(100%) $ 4,500.00
Task 11 Water Use Permitting $ 3,000.00
Construction Documents Tasks subtotal: $ 19,500.00
CONSTUCTION ADMINISTRATION TASKS
Task 12 Bidding Assistance/Contract Administration $ 3,250.00
Task 13 Preconstruction Services $ 1,200.00
Task 14 Landscape and Irrigation Construction Administration $ 9,750.00
Task 15 Construction OAC/ Progress Meeting Attendance $ 13,000.00
Task 16 Landscape Statement of Work Completion $ 1,000.00
Task 17 Miscellaneous Construction Phase Services $2,500.00
Construction Administration Tasks subtotal: $28,200.00 $2,500.00
MISCELLANEOUS TASKS
Task 18 Time + Materials $5,000.00
Miscellaneous Tasks subtotal: $5,000.00
TOTAL FEE $121,200.00 $7,500.00
ML Proposal No: 19-P0329 Page 12 of 12 Initial: ML: Client:
JOINT PARTICIPATION AGREEMENT
between
CITY OF TAMARAC
And
CITY OF SUNRISE
for
COMMERCIAL BOULEVARD MEDIAN IMPROVEMENTS
{00179547.9 2704-0501640}
JOINT PARTICIPATION AGREEMENT
for
COMMERCIAL BOULEVARD MEDIAN IMPROVEMENTS
This is an Agreement, made and entered into by and between: The CITY OF
TAMARAC, a Florida municipal corporation, hereinafter referred to as "TAMARAC"
AND
The CITY OF SUNRISE, a Florida municipal corporation, hereinafter referred to as
"SUNRISE."
WITNESSETH:
WHEREAS, TAMARAC and SUNRISE desire to improve the public right-of-way
located on Commercial Boulevard from the Sawgrass Expressway off ramp to Pine Island
Road ("Improvements"), described more particularity in Exhibit "A," attached hereto and
incorporated herein; and
WHEREAS, in order to design, build, and fund the Improvements, and associated
maintenance, TAMARAC and SUNRISE agree that a Joint Participation Agreement
("Agreement") is necessary to best serve the residents of both municipalities; and
WHEREAS, the parties agree to jointly create and approve a Maintenance
Agreement ("MA") prior to the completion of the Project, assigning responsibility for
maintenance of the Project to TAMARAC.
NOW, THEREFORE IN CONSIDERATION of the mutual terms, conditions,
promises, covenants, and payments hereinafter set forth, TAMARAC and SUNRISE
agree as follows:
ARTICLE 1
DEFINITIONS
1 .1 AGREEMENT: "Agreement" shall mean this document, Articles 1 through 9,
inclusive, and other terms and conditions that are included in the exhibits and
documents that are expressly incorporated by reference.
1.2 CONTRACT ADMINISTRATORS: "Contract Administrators" shall mean the
TAMARAC Employee designated by the TAMARAC City Manager and the
SUNRISE Employee designated by the SUNRISE City Manager. The Contract
{00179547.9 2704-0501640}
-2-
Administrators shall be the primary points of contact between TAMARAC and
SUNRISE in relation to the execution of the requirements of this Agreement. The
Contract Administrators shall not have the authority to modify any provisions of this
Agreement.
1.3 PROJECT: "Project" shall mean the Statement of Work and design services,
which includes a conceptual design for the Improvements, attached as Exhibit
"B," hereto and incorporated into this Agreement. The Parties understand and
agree that the Exhibit "B" may be amended and the final design of the
Improvements must be approved by the Contract Administrators.
ARTICLE 2
SCOPE OF SERVICES
2.1 TAMARAC shall design, permit and construct, or contract for the design, permitting
and construction of the Project in accordance with all state and federal laws, codes,
ordinances and regulating authority. TAMARAC shall provide SUNRISE with the
proposed design, once complete. Following the design approval by TAMARAC
and SUNRISE, TAMARAC shall then contract for construction. TAMARAC must
obtain SUNRISE's approval of the proposed design, scope documents, and
contract construction prior to beginning the procurement process. TAMARAC shall
be the party responsible for the securing of the contract for design and construction
of the Project according to TAMARAC's Continuing Services Contract and
competitive bidding process and all applicable state and federal laws. TAMARAC
agrees to require a public construction bond as part of the construction contract
that will include SUNRISE as a "Dual Obligee." TAMARAC agrees to withhold
retainage and further require, include, and incorporate the applicable provisions of
Section 255.078, Florida Statutes, into the construction agreements.
2.2 TAMARAC and SUNRISE specifically agree that any and all permits will not be
unreasonably withheld and that both parties shall take steps necessary to waive
permit and inspection fees for this capital Project, as allowable, except for any re-
inspection fees.
2.3 Prior to the completion of the construction of the Project to the satisfaction of
TAMARAC and SUNRISE, both TAMARAC and SUNRISE shall enter into an
agreement known as the Maintenance Agreement ("MA") for maintenance of the
median landscaping and irrigation improvements.
2.4 TAMARAC shall select and negotiate a proposed contract with the bidder selected
as a result of TAMARAC'S Continuing Services Contract for the design and
permitting phase and subsequent RFP process for the construction phase, for the
Project. The Project is a description of TAMARAC's obligations and
{00179547.9 2704-0501640)
-3-
responsibilities and is deemed to include preliminary considerations and
prerequisites, and all labor, materials, equipment, and tasks which are such an
inseparable part of the work described that exclusion would render performance
by TAMARAC impractical, illogical, or unconscionable. TAMARAC shall have the
right to monitor the performance of contractors during permitting and construction.
TAMARAC shall manage the construction contract and shall accept and
incorporate comments from SUNRISE to best manage the Project on behalf of
both parties to this agreement.
2.5 The Parties acknowledge and agree that the Contract Administrators have no
authority to make changes that would increase, decrease, or otherwise modify the
Project to be provided under this Agreement.
2.6 TAMARAC agrees to provide a location for the irrigation pump and associated
irrigation water withdrawal within the city limits of TAMARAC. The costs
associated with the location and installation of the pump shall be shared 50/50
between the parties as part of the construction cost. The cost of operating and
maintaining the irrigation pump shall be shared 50/50 between the parties and
addressed in the MA. Water and wastewater usage and associated charges shall
be the sole responsibility of TAMARAC.
2.7 TAMARAC agrees to design the irrigation system with the ability to accept
irrigational quality re-use water for potential future connection. At SUNRISE' option
and expense, SUNRISE may extend and connect its re-use distribution system to
the point of connection for this water use. The irrigation system is considered part
of the overall Project and the cost will be shared 50/50 by TAMARAC and
SUNRISE.
ARTICLE 3
COSTS AND COMPENSATION
3.1 Except as otherwise provided for herein, TAMARAC and SUNRISE shall share
50/50 all costs incurred as a result of the Project including but not limited to: design,
bid selection, construction, permits, inspections, maintenance and fees. Cost
Sharing Obligations shall be in accordance with Exhibit "C." Both parties agree
that the signage located in TAMARAC will be the sole financial responsibility of
TAMARAC. Both parties agree that time spent by City staff is ancillary to the
Project and is not subject to the cost sharing requirements of this Agreement.
3.2 SUNRISE agrees to reimburse TAMARAC for its share of the cost to design, permit
and construct the Project, as outlined in the attached Exhibit "B," TAMARAC may
invoice SUNRISE for its share of the Project cost when TAMARAC is obligated to
remit any payment to the successful bidders.
(00179547.9 2704-0501640)
-4-
3.3 TAMARAC and SUNRISE Contract Administrators shall jointly agree as to the
species of palm trees, plant material and other improvements to be installed at the
Project which shall meet their respective City Code, laws or other regulations.
3.4 SUNRISE agrees to pay TAMARAC for 50% of the annual cost to maintain the
Project, based upon the maintenance cost proposal provided by TAMARAC and
as set forth in the Cost Sharing Obligations attached hereto as Exhibit "C." This
provision shall be included in the MA.
3.5 TAMARAC and SUNRISE shall make any and all payments according to the terms
and conditions of the contract signed as a result of the Project. SUNRISE shall
pay invoices sent by TAMARAC to SUNRISE in accordance with the Florida
Prompt Payment Act, set forth in Chapter 218, Florida Statutes.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end at the completion and satisfactory acceptance of the work
contracted in the Project, or upon expiration of five (5) years after this agreement
is executed, unless terminated earlier pursuant to Article 7, "Termination." This
Agreement may be extended for five (5) additional one (1) year terms upon mutual
written consent of the parties.
ARTICLE 5
INDEMNIFICATION
5.1 Neither SUNRISE NOR TAMARAC waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into this Agreement.
5.2 To the extent permitted by §768.28, Florida Statutes, TAMARAC agrees to
indemnify, hold harmless and defend SUNRISE from any action to recover
damages in tort for money damages, including reasonable attorneys' fees and
costs, for bodily injury or loss of property of a third party, personal injury, or death,
caused, in whole or in part, by a negligent or wrongful act or omission of
TAMARAC, its officers, agents or employees while acting within the scope of his
or her employment or function arising out of or in the performance of this
Agreement.
5.3 To the extent permitted by §768.28, Florida Statutes, SUNRISE agrees to
indemnify, hold harmless and defend TAMARAC from any action to recover
damages in tort for money damages, including reasonable attorneys' fees and
{00179547.9 2704-0501640}
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costs, for bodily injury or loss of property of a third party, personal injury, or death,
caused in whole or in part by a negligent or wrongful act or omission of SUNRISE,
its officers, agents or employees while acting within the scope of his or her
employment or function arising out of or in the performance of this Agreement.
5.4 TAMARAC agrees to require their contract(s) with their design professional(s) to
include a provision to indemnify and hold harmless both TAMARAC and SUNRISE
in accordance with both §725.08 and §558.0035, Florida Statutes, in the
performance of this Agreement.
5.5 TAMARAC agrees to require their construction contract(s) with their contractor(s)
to include a provision to indemnify and hold harmless both TAMARAC and
SUNRISE in accordance with §725.06, Florida Statutes, in the performance of this
Agreement.
5.6 TAMARAC and SUNRISE agree these indemnifications shall survive the
termination of this Agreement.
ARTICLE 6
INSURANCE
6.1 TAMARAC and SUNRISE, at their sole cost and expense, shall each carry
insurance, or self-insurance under a risk management program for general liability,
errors or omissions liability, workers' compensation, and automobile liability
adequate to cover its potential liabilities hereunder. Each participating agency shall
endeavor to provide the other forty-five (45) days' advance written notice of any
cancellation, termination or lapse of any of the participating agency's insurance or
self-insurance coverage.
6.2 TAMARAC maintains insurance under a risk management program for general
liability and automobile liability under monetary waiver limits of $200,000 per
person and $300,000 per occurrence; or such limits that may be set forth by
Section 768.28, Florida Statutes. TAMARAC, at its sole discretion, additionally
maintains specific excess general liability in the amount of $2,000,000 combined
single limit per occurrence, solely for any liability resulting from entry of a claims
bill pursuant to Section 768.28(5), Florida Statutes, or liability imposed pursuant to
Federal Law. Unless prohibited by Florida law or future underwriting guidelines,
TAMARAC agrees to add SUNRISE as an additional insured under general liability
and automobile liability. TAMARAC is self-insured for property, workers'
compensation and employers Liability. TAMARAC will provide a certificate of
coverage to SUNRISE'S Risk Management Department.
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6.3 SUNRISE maintains self-insurance under a risk management program for general
liability and automobile liability under monetary waiver limits of $200,000 per
person and $300,000 per occurrence; or such limits that may be set forth by
Section 768.28, Florida Statutes. SUNRISE, at its sole discretion, additionally
maintains specific excess general liability in the amount of at least $2,000,000
combined single limit per occurrence, solely for any liability resulting from entry of
a claims bill pursuant to Section 768.28(5), Florida Statutes, or liability imposed
pursuant to Federal Law. Unless prohibited by Florida law or future underwriting
guidelines, SUNRISE agrees to add TAMARAC as an additional insured under
general liability and automobile liability. SUNRISE is self-insured for property,
workers' compensations and employers' liability. SUNRISE will provide a
certificate of coverage to TAMARAC's HR/Risk Management Department.
6.4 TAMARAC and SUNRISE shall maintain insurance/self-insurance under a Risk
Management Program, subject to City Commission approval and budget approval
each fiscal year, throughout the term of this Agreement. TAMARAC and SUNRISE
shall provide each other with a certificate of coverage evidencing the self-
insurance and/or excess insurance policies required hereunder and all approved
renewals thereof. The costs of insurance under a Risk Management Program shall
be the sole obligation of the respective entity. Either entity may provide the self-
insurance required in this Section through a self- insurance program, inter-
governmental risk pool and/or excess insurance policies.
6.5 TAMARAC shall ensure that any contractors completing any improvements on the
Project/Improvements including but not limited to, fencing, construction, and
maintenance, shall not commence work until they have obtained all insurance
required under this section and have supplied TAMARAC and SUNRISE with
evidence of such coverage in the form of an insurance certificate. TAMARAC will
ensure that all contractors comply with the above guidelines and will maintain the
necessary coverages throughout the term of this Agreement. The contractor's
insurance carriers shall be rated at least A-VI! per Best's Key Rating Guide and be
licensed to do business in Florida. "Occurrence" form policies are
required. TAMARAC will ensure their contractor and design professional will
provide a Waiver of Subrogation, unless prohibited by insurance carrier's terms
and conditions, in favor of TAMARAC and SUNRISE. The contractors shall be
responsible for the payment of all deductibles and self-insured retentions.
TAMARAC shall ensure their contractor's commercial general liability insurance
and umbrella/excess liability insurance shall endorse both TAMARAC and
SUNRISE as additional insureds, or indicate coverage is afforded on follow-form
basis for umbrella/excess liability insurance. TAMARAC shall ensure to require
their contractor to provide a certificate of insurance to all the additional insured
entities.
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6.6 TAMARAC shall ensure their design professional's commercial general liability
insurance and umbrella/excess liability insurance shall endorse both TAMARAC
and SUNRISE as Additional Insureds, or indicate coverage is afforded on follow-
form basis for umbrella/excess liability insurance. TAMARAC shall ensure to
require their design professional to provide a certificate of insurance to all the
additional insured entities.
6.7 TAMARAC agrees it has the sole discretion on limits of liability and other insurance
terms and conditions, such as business auto liability insurance, professional
liability; but shall ensure mandatory workers' compensation insurance, which may
not be satisfied by employee leasing arrangements or exemptions, for
TAMARAC'S contractor or design professional, unless otherwise stated herein.
ARTICLE 7
TERMINATION
7.1 This Agreement may be terminated for cause by action of TAMARAC or SUNRISE
if the party in breach has not corrected the breach within thirty (30) days after
written notice from the aggrieved party identifying the breach, or for convenience
by action of TAMARAC or SUNRISE upon not less than thirty (30) days' written
notice by Contract Administrator. This Agreement may also be terminated by
TAMARAC or SUNRISE for convenience upon such notice as TAMARAC or
SUNRISE deems appropriate, under the circumstances in the event termination is
necessary to protect the public health, safety, or welfare.
7.2 Termination of this Agreement for cause shall include, but not be limited to, failure
to suitably perform the work, failure to continuously perform the work, or a failure
to meet or accomplish the objectives of TAMARAC or SUNRISE as set forth in this
Agreement, or multiple breaches of the provisions of this Agreement
notwithstanding whether any such breach was previously waived or cured.
7.3 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of termination by TAMARAC or SUNRISE
which is deemed necessary to protect the public health, safety, or welfare may be
verbal notice which shall be promptly confirmed in writing in accordance with the
"NOTICES" section of this Agreement.
7.4 In the event this Agreement is terminated for convenience prior to the conclusion
of the term set forth herein, both parties acknowledge and agree that Ten Dollars
($10.00) of the compensation to be paid hereunder, the adequacy of which is
hereby acknowledged by both parties, is given as specific consideration to either
party's right to terminate this Agreement for convenience.
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-8-
ARTICLE 8
NOTICES
8.1 Whenever either party desires to give notice unto the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, by overnight mail, or by hand-delivery with a request for a written
receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified; and the place for giving of notice shall remain
such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following
as the respective places for giving of notice:
TAMARAC:
Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
COPY TO:
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
SUNRISE:
City Manager
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33351
COPY TO:
City Attorney
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33351
ARTICLE 9
MISCELLANEOUS
9.1 AUDIT RIGHT AND RETENTION OF RECORDS
TAMARAC and SUNRISE shall have the right to audit the books, records, and
accounts of either party that are related to the Project. TAMARAC and SUNRISE
{00179547.9 2704-0501640}
-9-
shall keep such books, records, and accounts as may be necessary in order to
record complete and correct entries related to the Event.
TAMARAC and SUNRISE shall preserve and make available, at reasonable times
for examination and audit by the other party, all financial records, supporting
documents, statistical records, and any other documents pertinent to this
Agreement for the required retention period of the Florida Public Records Act
(Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act
is not applicable, for a minimum period of three (3) years after termination of this
Agreement. If any audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years, whichever is longer,
the books, records, and accounts shall be retained until resolution of the audit
findings. If the Florida Public Records Act is determined by one party to be
applicable to the other party's records, the other party shall comply with all
requirements thereof; however, no confidentiality or non-disclosure requirement of
either federal or state law shall be violated.
9.2 TAMARAC and SUNRISE are public agencies subject to Chapter 119, Florida
Statutes. TAMARAC and SUNRISE shall comply with Florida's Public Records
Law. Specifically, TAMARAC and SUNRISE shall:
9.2.1 Keep and maintain public records required by TAMARAC and
SUNRISE in order to perform the service.
9.2.2 Upon request from either City's custodian of public records, provide
the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as
otherwise provided by law.
9.2.3 Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
Agreement's term and following completion of the Agreement if
either city does not transfer the records to TAMARAC.
9.2.4 Upon completion of the contract, transfer, at no cost to TAMARAC,
all public records in possession of SUNRISE, or keep and maintain
public records required by TAMARAC to perform the service. If
SUNRISE transfers all public records to TAMARAC upon
completion of the Agreement, SUNRISE shall destroy any duplicate
public records that are confidential and exempt from public records
disclosure requirements. If SUNRISE keeps and maintains public
{00179547.9 2704-0501640}
-10-
records upon completion of the Agreement, SUNRISE shall meet all
applicable requirements for retaining public records. All records
stored electronically must be provided to TAMARAC, upon request
from TAMARAC's custodian of public records in a format that is
compatible with the information technology systems of TAMARAC.
9.3 During the term of the Agreement, the Parties shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards
for records directly related to this contract. The form of all records and reports shall
be subject to the approval of each Party's Auditor. The Parties agree to make
available to the other Party's Auditor, during normal business hours and in Broward
County, all books of account, reports and records relating to this Agreement.
9.4 PUBLIC RECORDS CUSTODIAN
IF SUNRISE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUNRISE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
JENNIFER JOHNSON
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C I TY.C L E RK(c�TAM ARAC.O RG
IF TAMARAC HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO TAMARAC'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
TAMARAC SHOULD CONTACT SUNRISE'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, FELICIA M. BRAVO, BY TELEPHONE
(954/746-3333), E-MAIL (CITYCLERK(a�SUNRISEFL.GOV), OR MAIL
(CITY OF SUNRISE, OFFICE OF THE CITY CLERK, 10770 WEST
OAKLAND PARK BOULEVARD, SUNRISE, FLORIDA 33351).
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-11-
9.5 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
TAMARAC and SUNRISE shall not unlawfully discriminate against any person in
its operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. TAMARAC and SUNRISE shall affirmatively
comply with all applicable provisions of the Americans with Disabilities Act (ADA)
in the course of providing any services funded by TAMARAC and SUNRISE,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
TAMARAC and SUNRISE shall take affirmative steps to ensure nondiscrimination
in employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, promotion, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms, and conditions of employment, training (including
apprenticeship), and accessibility.
Decisions by TAMARAC and SUNRISE regarding the delivery of services under
this Agreement shall be made without regard to or consideration of race, age,
religion, color, gender identity and expression, sex including pregnancy, sexual
orientation, national origin, marital status, political affiliation, disability if qualified or
any other factor which cannot be lawfully used as a basis for service delivery.
9.6 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party.
9.7 MATERIALITY AND WAIVER OF BREACH
TAMARAC and SUNRISE agree that each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof. Either party's failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision or modification
of this Agreement. A waiver of any breach of a provision of this Agreement shall
not be deemed a waiver of any subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
9.8 COMPLIANCE WITH LAWS
Both parties shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
(00179547.9 2704-0501640}
-12-
9.9 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
TAMARAC or SUNRISE elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
9.10 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.11 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to
herein, or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
9.12 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida. TAMARAC and SUNRISE hereby
agree to waive a jury trial in any action between them, and will proceed to a trial
by judge if necessary.
9.13 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by TAMARAC and
SUNRISE.
{00179547.9 2704-0501640}
-13-
9.14 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations
or agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be
effective unless set forth in writing in accordance with Section 9.13 above.
9.15 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
9.16 MULTIPLE ORIGINALS
This Agreement may be fully executed in multiple copies by all parties, each of
which, bearing original signatures, shall have the force and effect of an original
document.
9.17 INDEPENDENT CONTRACTOR
Neither party nor its agents shall act as officers, employees, or agents of the other
party. This Agreement shall not constitute or make the parties a partnership or
joint venture.
9.18 SURVIVAL
Article 5 and Article 6 shall survive the termination of this Agreement.
9.19 ENTIRE AGREEMENT
This Agreement contains the entire understanding of the participating agencies
relating to the subject matter hereof superseding all prior communications between
the parties whether oral or written. This Agreement may not be altered, amended,
modified, or otherwise changed nor may any of the terms hereof be waived, except
by written instrument executed by the participating agencies, or by the addition of
the conceptual design or by the MA. The failure of a party to seek redress for
violation of or to insist on strict performance of any of the covenants of this
{00179547.9 2704-0501640}
-14-
Agreement shall not be construed as a waiver or relinquishment for the future of
any covenant, term, condition or election but the same shall continue and remain
in full force and effect.
9.20 NO THIRD-PARTY BENEFICIARIES
The parties expressly acknowledge that it is not their intent to create or confer any
rights or obligations in or upon any third person or entity under this Agreement.
None of the parties intend to directly or substantially benefit a third party by this
Agreement. The parties agree that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against any of
the parties based upon this Agreement. Nothing herein shall be construed as
consent by an agency or political subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.
(REMAINDER INTENTIONALLY LEFT BLANK)
{00179547.9 2704-0501640}
-15-
IN WITNESS WHEREOF parties hereto have affixed their hands and seals the day
and year first above�v(rit9 A�ii',,
<..1, 1, i
ATTEST: '_:;' CITY OF TAMARAC
C
Jen fifer Joh or .. ..• q ichael C. Cernech
y Clerk • •• ••''RF`'.- City Manager
/'',,CO U N'0�\\`\�
I,,/1111\o\`
/a - Jo- ate car:, 1 - _Ct - --)._C>
Date Date
Approved as to form and legal sufficiency
Y ,
All* p„.._
0
Samuel S. Goren, City Att r'�ey
l
Date
ATT ST: / 4 ..,,.'"'''''"`'``‘`‘N•N‘e CITY OF SUNRISE
L N� �t / ,,=
Felicia . Bravo, .44.. �c�0,,,�„, S A ark S. Lubelski
City Clerk f C.; L 'ty Manager
r • 3. 196 ///s/d
i� / C. 2 0 2 c� 0� � � „ ,�'�'
l
Date �‘‘x�Q R Date
Approved as to form and legal sufficiency
Kimberly A. Ki an, City Attorney
/O /y / ,-
Date
{00179547.9 2704-0501640}
-16-
EXHIBIT "A"
COMMERCIAL BOULEVARD MEDIAN IMPROVEMENTS
Design and construct improvements to the existing medians on Commercial Blvd
from Pine Island Road to the Sawgrass Expressway in Sunrise/Tamarac, Florida.
The Project area is partially in the City of Tamarac and partially in the City of
Sunrise. Commercial Boulevard is considered an arterial roadway with the section
between Pine Island and Nob Hill under the jurisdiction of Sunrise and Tamarac,
and the section between Nob Hill and the Sawgrass Expressway under the
jurisdiction of Broward County. Coordination with FDOT is limited to the areas
currently within their jurisdiction including the entrance and exit ramps on the east
side of the Sawgrass.
This Project includes the development of new landscaping (including
hardscaped areas), irrigation and landscape lighting, including electrical and civil
engineering as required to facilitate the construction and installation of these
improvements.
{00179547.9 2704-0501640}
-17-
EXHIBIT "B"
STATEMENT OF WORK AND DESIGN SERVICES PROPOSAL FROM
MILLER LEGG
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-18-
EXHIBIT "C"
COST SHARING OBLIGATIONS
The cost obligations for the Project will be split 50/50 on all items/features which are
agreed upon as common benefit to both TAMARAC and SUNRISE. If any items/features
are for the sole benefit/request of one city, then that city shall be responsible for 100% of
construction and maintenance cost for these items/features. These items/ features will
be determined during the design review period, as early on as possible, and be so
designated in the conceptual design approved by both parties so isolation of cost can be
accomplished. An example of a sole benefit/request is the TAMARAC entrance sign at
the western end of the Project, whereby all costs will be 100% the City of Tamarac's
responsibility. TAMARAC will maintain the Project in perpetuity and SUNRISE will pay
TAMARAC the agreed upon annual maintenance as outlined in the Maintenance
Agreement.
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-19-
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT is made and entered into this I day of
4LVA , 20 - , by and between:
The CITY OF TAMARAC, a municipal corporation of the State of Florida, with a
business address of 7525 N. W. 88th Avenue, Tamarac, Florida 33321, hereinafter
referred to as "TAMARAC;"
AND
The CITY OF SUNRISE, a municipal corporation of the State of Florida, with a
business address of 10770 West Oakland Park Boulevard, Sunrise, Florida 33351,
hereinafter referred to as "SUNRISE."
TAMARAC and SUNRISE shall hereinafter be referred to collectively as "the Parties."
RECITALS
WHEREAS, the Parties desire to improve the public right-of-way located on
Commercial Boulevard from the Sawgrass Expressway off ramp to Pine Island Road
(hereinafter referred to as the "Property"), described more particularity in the Joint
Participation Agreement (hereinafter referred to as the "JPA"), attached hereto as Exhibit
"A" and incorporated herein, which was executed on tl-)l-�`'and
WHEREAS, the Parties have entered into the JPA, which resulted in the
improvement and beautification of the Property as set forth in the JPA, (hereinafter
referred to as the "Improvements"); and
WHEREAS, the parties agree to enter into this Maintenance Agreement
(hereinafter referred to as the "MA") assigning responsibility for maintenance of the
Project to TAMARAC; and
WHEREAS, the Parties agree to split the costs incurred in the MA with SUNRISE
agreeing to pay TAMARAC for fifty percent (50%) of all costs incurred by TAMARAC
under the MA; and
NOW, THEREFORE, in consideration of the mutual covenants and other good and
valuable consideration as set forth herein the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
100277578.2 2704-0501640}
SECTION 1. RECITALS. The parties hereby acknowledge and agree that the
above recitals are true and correct to the best of their knowledge and belief and are
incorporated herein by this reference.
SECTION 2. PURPOSE, TERM, AND TERMINATION.
2.1 The purpose of this MA is to facilitate the perpetual maintenance of the public right-
of-way located on the Property, which is on Commercial Boulevard, from the
Sawgrass Expressway off ramp to Pine Island Road, described more particularity
in the JPA.
2.2 This MA is effective immediately upon execution. The MA shall remain effective
until September 30th of the year following the Effective Date. This MA shall
automatically renew for an additional one (1) year term each October 1, unless
and until terminated by either Party under the terms of this MA.
2.3 Either Party may terminate this MA for convenience upon one-hundred and twenty
(120)days' written notice to the other party. Upon termination, SUNRISE shall pay
TAMARAC for all costs incurred through and including the last day of this MA.
SECTION 3. SUNRISE'S DUTIES AND OBLIGATIONS.
3.1 SUNRISE shall reimburse TAMARAC for fifty percent (50%) of all costs incurred
by TAMARAC under this MA related to the maintenance, repair, or replacement of
the Improvements to the Property, including replacement costs of any trees,
shrubs, landscaping, irrigation, and pumps which are agreed upon as common
benefit to both TAMARAC and SUNRISE, as set forth in the Cost Sharing
Obligations, which are set forth in Exhibit "B." If any items/features are for the sole
benefit/request of one city, then that city shall be responsible for 100% of the
maintenance cost for these items/features. These items/ features will be
determined during the design review period, as early on as possible, and be so
designated in the conceptual design approved by both parties so isolation of cost
can be accomplished.
3.2 Upon receipt of each invoice, SUNRISE shall reimburse TAMARAC for 50% of the
total costs of maintenance, repairs, or replacements of the Improvements to the
Property pursuant to the Florida Prompt Payment Act, as set forth in §§218.70-
218.80, Florida Statutes.
(00277578.2 2704-0501640} -2-
3.3 Certain improvements that are not to the common benefit of both cities, such as
entrance signs, shall be maintained solely by the Party which installs such
improvement.
SECTION 4. TAMARAC'S DUTIES AND OBLIGATIONS.
4.1 TAMARAC, in its sole discretion, shall ensure that the Improvements to the
Property are properly maintained. The Property shall be maintained in substantially
the same condition as when the Improvements are completed.
4.2 In furtherance of this obligation, TAMARAC, in its sole discretion, may engage
vendors or contractors to maintain the Improvements to the Property.
4.3 TAMARAC shall invoice SUNRISE quarterly, in arrears, for 50% of the actual costs
of maintenance and repairs made to the Improvements to the Property.
4.4. Certain improvements that are not to the common benefit of both cities, such as
entrance signs, shall be maintained solely by the Party which installs such
improvement.
SECTION 5. RESERVED.
SECTION 6. INDEMNIFICATION; LIABILITY INSURANCE.
6.1 Neither SUNRISE NOR TAMARAC waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into this MA.
6.2 To the extent permitted by §768.28, Florida Statutes, TAMARAC agrees to
indemnify, hold harmless and defend SUNRISE from any action to recover
damages in tort for money damages, including reasonable attorneys' fees and
costs, for bodily injury or loss of property of a third party, personal injury, or death,
caused, in whole or in part, by a negligent or wrongful act or omission of
TAMARAC, its officers, agents or employees while acting within the scope of his
or her employment or function arising out of or in the performance of this MA.
6.3 To the extent permitted by §768.28, Florida Statutes, SUNRISE agrees to
indemnify, hold harmless and defend TAMARAC from any action to recover
damages in tort for money damages, including reasonable attorneys' fees and
costs, for bodily injury or loss of property of a third party, personal injury, or death,
{002775782 2704-0501640) -3-
caused in whole or in part by a negligent or wrongful act or omission of SUNRISE,
its officers, agents or employees while acting within the scope of his or her
employment or function arising out of or in the performance of this MA.
6.4 TAMARAC agrees to require their contract(s) with their design professional(s) to
include a provision to indemnify and hold harmless both TAMARAC and SUNRISE
in accordance with both §725.08 and §558.0035, Florida Statutes, in the
performance of this MA.
6.5 TAMARAC agrees to require their construction contract(s) with their contractor(s)
to include a provision to indemnify and hold harmless both TAMARAC and
SUNRISE in accordance with §725.06, Florida Statutes, in the performance of this
MA.
6.6 TAMARAC agrees that any contractor hired by TAMARAC to construct or maintain
the Property shall maintain insurance coverage in accordance with the attached
Exhibit "C," entitled "Minimum Insurance Coverage" at all times that said
contractor performs the work. SUNRISE shall be named as an Additional Named
Insured on any insurance policies maintained by TAMARAC's contractors, and a
current Certificate of Insurance reflecting such coverage shall be provided to
SUNRISE prior to the commencement of construction or maintenance activities.
6.7 Each party agrees to maintain sufficient professional, general liability and worker's
compensation coverage, unless self-insured, regarding its respective liability
throughout the term of this MA.
6.8 The parties expressly acknowledge that it is not their intent to create or confer any
rights or obligations in or upon any third person or entity under this MA. None of
the parties intend to directly or substantially benefit a third party by this MA. The
parties agree that there are no third-party beneficiaries to this MA and that no third
party shall be entitled to assert a claim against any of the parties based upon this
MA. Nothing herein shall be construed as consent by an agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising
out of this MA or any contract.
6.9 TAMARAC and SUNRISE agree that this section and its indemnifications shall
survive the termination of this MA.
100277578.2 2704-0501640) -4-
• SECTION 7. NOTICES. Any and all written notices required or permitted to be
given hereunder shall be deemed received upon hand delivery or facsimile transmission
or three (3) days if same are deposited in U.S. Mail and sent via overnight mail or via
certified mail, return receipt requested.
All notices shall be sent to:
For TAMARAC: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Phone: (954) 597-3510
Fax: (954) 597-3520
Email: michael.cernech@tamarac.org
With Copy to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
Phone: (954) 771-4500
• Fax: (954) 771-4923
Email:SGoren@cityatty.com
For SUNRISE: City Manager
City of Sunrise
10770 West Oakland Park Boulevard, Fifth Floor
Sunrise, FL 33351
Phone: (954) 746-3430
Email: citymanager@sunrisefl.gov
With copy to: City Attorney
City of Sunrise
City Attorney's Office
10770 West Oakland Park Boulevard, Third Floor
Sunrise, FL 33351
Phone: (954) 746-3300
Email: cityattorney@sunrisefl.gov
{00277578.2 2704-0501640) -5-
•
SECTION 7. NOTICES. Any and all written notices required or permitted to be
given hereunder shall be deemed received upon hand delivery or facsimile transmission
or three (3) days if same are deposited in U.S. Mail and sent via overnight mail or via
certified mail, return receipt requested.
All notices shall be sent to:
For TAMARAC: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Phone: (954) 597-3510
Fax: (954) 597-3520
Email: michael.cernech@tamarac.org �__�
With Copy to: S ue rney Afr T� A 11T4-or
Goren,eherof, Doody Ezrot;-I?A. ��
30 as ommercia v ui e 0 ��� A 'L(0' eS“-
Phones 4} 68 TA tv..e, GJ
Fax: (9 - - 3—
Emai
For SUNRISE: City Manager
City of Sunrise
10770 West Oakland Park Boulevard, Fifth Floor
Sunrise, FL 33351
Phone: (954) 746-3430
Email: citymanager@sunrisefl.gov
With copy to: City Attorney
City of Sunrise
City Attorney's Office
10770 West Oakland Park Boulevard, Third Floor
Sunrise, FL 33351
Phone: (954) 746-3300
Email: cityattorney@sunrisefl.gov
(00277578.2 2704 0501640) -5-
SECTION 8. AMENDMENTS. Except as expressly permitted herein to the
contrary, no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality as this MA by both parties.
SECTION 9. VENUE AND ELECTION OF REMEDIES. This MA shall be
construed and governed by the laws of the State of Florida. Any and all legal action
arising out of or necessary to enforce this MA shall be held in the 17th Judicial Circuit in
and for Broward County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy and each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or now or hereinafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise
thereof.
SECTION 10. WAIVER OF JURY TRIAL. The Parties hereby waive any rights
any of them may have to a jury trial in any litigation arising out of or related to this MA and
agree that they shall not elect a trial by jury. The parties hereto have separately, knowingly
and voluntarily given this waiver of right to trial by jury with the benefit of competent legal
counsel.
SECTION 11. NONDISCRIMINATION. SUNRISE and TAMARAC shall not
unlawfully discriminate against any person in its operations and activities or in its use or
expenditure of funds in fulfilling its obligations under this MA. SUNRISE and TAMARAC
shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act (ADA) in the course of providing any services funded by SUNRISE and TAMARAC,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability),
and all applicable regulations, guidelines, and standards. In addition, TAMARAC and
SUNRISE shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons. Such actions shall include, but not be limited to, the following:
employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay, other forms of compensation, terms, and conditions of
employment, training (including apprenticeship), and accessibility. Decisions by
SUNRISE and TAMARAC regarding this MA shall be made without regard to or
consideration of race, age, religion, color, familial status, gender identity, and expression,
sex including pregnancy, sexual orientation, national origin, marital status, political
affiliation, disability if qualified or any other factor which cannot be lawfully used as a basis
for service delivery.
{00277578.2 2704-0501640) -6-
SECTION 12. CONSTRUCTION. The Parties acknowledge that each has
shared equally in the drafting and preparation of this MA and, accordingly, no Court or
Administrative Hearing Officer construing this MA shall construe it more strictly against
one party than the other and every covenant, term and provision of this MA shall be
construed simply according to its fair meaning.
SECTION 13. SEVERABILITY. In the event any section, paragraph, sentence,
clause or provision hereof is held invalid by a court of competent jurisdiction, such holding
shall not affect the remaining portions of this MA and the same shall remain in full force
and effect unless the invalid finding is as to payment or construction obligations of a party
in which event the MA shall be thereupon terminated.
SECTION 14. ENTIRE UNDERSTANDING. This MA represents the entire
understanding between the parties and supersedes all other negotiations,
representations or agreements, written or oral, relating to the matters which are the
subject of this MA.
SECTION 15. HEADINGS. The headings contained in this MA are for
convenience of reference only and shall not limit or otherwise effect in any way the
meaning or interpretation of this MA.
SECTION 16. COUNTERPARTS. This MA may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
SECTION 17. AUDIT RIGHT AND RETENTION OF RECORDS AND
PUBLIC RECORDS.
17.1 SUNRISE and TAMARAC shall have the right to audit the books, records,
and accounts of either party that are related to the Improvements to the Property.
SUNRISE and TAMARAC shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the Property.
SUNRISE and TAMARAC shall preserve and make available, at reasonable times for
examination and audit by the other party, all financial records, supporting documents,
statistical records, and any other documents pertinent to this MA for the required retention
period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or,
if the Florida Public Records Act is not applicable, for a minimum period of three (3) years
after termination of this MA. If any audit has been initiated and audit findings have not
been resolved at the end of the retention period or three (3) years, whichever is longer,
{00277578.2 2704-0501640} -7-
the books, records, and accounts shall be retained until resolution of the audit findings.
If the Florida Public Records Act is determined by one party to be applicable to the other
party's records, the other party shall comply with all requirements thereof; however, no
confidentiality or non-disclosure requirement of either federal or state law shall be
violated.
17.2 The Parties are public agencies subject to Chapter 119, Florida Statutes.
IF SUNRISE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUNRISE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS MA, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
JENNIFER JOHNSON
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITY.0 LERKaTAMARAC.ORG
IF TAMARAC HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO TAMARAC'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS MA, TAMARAC
SHOULD CONTACT SUNRISE'S CUSTODIAN OF PUBLIC RECORDS:
THE CITY CLERK, FELICIA M. BRAVO, BY TELEPHONE (954/746-3333),
E-MAIL (CITYCLERKaSUNRISEFL.GOV), OR MAIL (CITY OF SUNRISE,
OFFICE OF THE CITY CLERK, 10770 WEST OAKLAND PARK
BOULEVARD, SUNRISE, FLORIDA 33351).
SECTION 18. INDEPENDENT CONTRACTOR. Neither party nor its agents
shall act as officers, employees, or agents of the other party. This MA shall not constitute
or make the parties a partnership or joint venture.
(00277578.2 2704-0501640) -8-
SECTION 19. EFFECTIVE DATE. This MA shall be effective as of the last
date that it is signed by the parties hereto.
(REMAINDER INTENTIONALLY LEFT BLANK)
{00277578.2 2704-0501640} -9-
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day
and year first above written.
ATTEST: CITY 0 RA
\,o I 11111/,/,
O�yf TAMS ,''%
•
J ' er John n . -1Vlichael C. Cernech
City Clerk w i ESTABLISHED et£ity Manager
== 1963 :• _
/- //- aaa./ (a` SEAL ../ ,'",::: . _),,
Date /�� ,dti-N'k\\\ Date
/1/trr1111\0`\
Approved as to form and legal
sufficiency
4ttli cg&--10) 1)5)2624 I - r7 - „PO..M
Sa uel S. Goren, City Attorney Date
ATTEST/ Air
O CITY OF SUNRISE
i, , • pok �4-3 t rt
A Felicia Bravo, w„�,�c A L .Perk S. Lubels
City Clerk V 1 96 1 z Xily Manager
$t 2C'p'9L CORM • ff �/�
/o/6/ZoZV
0 R IV ., /(/
Date ����.„,„.„-- Date
Approved as to form and legal
sufficiency
Kimberly Kissl , ity Attorney Date
{00277578.2 2704-0501640} -1 0-
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day
and year first above written.
ATTEST: CITY 0 AMA
J\ennif J ns Michael C. Cernech
CI lerk City Manager
7- goc;" - -
Date Date
Approved as to form and legal
suffi ' cy
---itdre6► ity Attorney Date
(\S O tvwt
ATTEST:/ CITY OF SUNRISE
ORA
Felic': ' . =ravo, rn� C- .P�4 k S. Lubelsk
L
City Clerk .� S £ A pt Manager
1961
. 1 / /5-/Zv
Date ‘ ‘`L 0 plii.� ate
Approved as to form and legal
sufficiency
Kimberly Ki"an City Attorney Date
(00277578.2 2704-0501640) -1 0-
EXHIBIT A
JPA
{00277578.2 2704-0501640) -1 1-
EXHIBIT B
COST SHARING OBLIGATIONS
SUNRISE shall reimburse TAMARAC for fifty percent (50%) of all costs incurred by
TAMARAC under this MA related to the maintenance, repair, or replacement of the
Improvements to the Property, including replacement costs of any trees, shrubs,
landscaping, irrigation, and pumps, which are agreed upon as common benefit to both
TAMARAC and SUNRISE. If any items/features are for the sole benefit/request of one
city, then that city shall be responsible for 100% of the maintenance cost for these
items/features. These items/features will be determined during the design review period,
as early on as possible, and be so designated in the conceptual design approved by both
parties so isolation of cost can be accomplished.
{00277578.2 2704-0501640} -1 2-
EXHIBIT C
Minimum Insurance Coverage
1. Contractor agrees, at its sole expense, to maintain on a primary, non-
contributory basis during the life of this Contract, or the performance of work under this
Project, insurance coverages, limits, and endorsements as required herein. The
Contractor agrees the insurance requirements herein as well as TAMARAC'S review or
acknowledgement, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by the Contractor under this Contract. Any coverage
maintained by the City of Sunrise and City of Tamarac shall apply excess of, or contingent
upon the absence of, insurance required or maintained by Contractor.
2. Commercial General Liability. Contractor agrees to maintain Commercial
General Liability at a limit of liability not less than $1,000,000 Each Occurrence
$2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any
restrictive endorsement(s) excluding or limiting Product/Completed Operations,
Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual
Liability or Separation of Insureds.
3. Business Automobile Liability. Contractor agrees to maintain Business
Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence.
Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event
Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired
& Non-Owned Auto Liability, which may be satisfied by way of endorsement to the
Commercial General Liability policy or separate Business Auto Liability policy.
4. Worker's Compensation & Employer's Liability. Contractor agrees to
maintain Worker's Compensation & Employers Liability Insurance. Elective exemptions
or coverage afforded through an employee leasing arrangement will NOT satisfy the
contractual requirement.
5. Commercial Umbrella/Excess Liability. Contractor agrees to maintain
either a Commercial Umbrella or Excess Liability at a limit of liability not less than
$2,000,000 Each Occurrence $2,000,000 Aggregate. The Contractor agrees to endorse
the City of Sunrise and the City of Tamarac as an "Additional Insured" on the Commercial
Umbrella/Excess Liability, unless the Certificate of Insurance states the Commercial
Umbrella/Excess Liability provides coverage on a pure/true follow-form basis, or the City
of Sunrise and the City of Tamarac are automatically defined as an Additional Protected
Person.
(002775782 2704-0501640) -1 3-
6. Additional Insured Endorsement. Contractor agrees to endorse the City
of Sunrise and the City of Tamarac as an Additional Insured on the Commercial General
Liability with the following Additional Insured endorsement, or similar endorsement
providing equal or broader Additional Insured coverage, the CG 20 10 07 04 or GC 20
10 04 13 Additional Insured - Owners, Lessees, or Contractors — Scheduled Person or
Organization endorsement in combination with the additional endorsement GC 20 37 10
01 or GC 20 37 04 13 Additional Insured—Owners, Lessees, or Contractors—Completed
Operations. The name of the organization endorsed as Additional Insured for all
endorsements shall read "City of Sunrise" and "City of Tamarac."
7. Waiver of Subrogation. Contractor agrees by entering into this written
Contract to a Waiver of Subrogation in favor of the City of Sunrise/City of Tamarac,
Contractor, sub-contractor, architects, or Engineer for each required policy providing
coverage during the life of this Contract. When required by the insurer, or should a policy
condition not permit the Contractor to enter into a pre-loss Contract to waive subrogation
without an endorsement, the Contractor agrees to notify the insurer and request the policy
be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or an
equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any
policy, which includes a condition that specifically prohibits such an endorsement, or voids
coverage should the Contractor enter into such Contract on a pre-loss basis.
8. Right to Revise or Reject. Contractor agrees the City of Tamarac reserves
the right, but not the obligation, to review or revise any insurance requirement, not limited
to limits, coverages and endorsements based on insurance market conditions affecting
the availability or affordability of coverage; or changes in the scope of work/specifications
affecting the applicability of coverage. Additionally, the City of Tamarac reserves the
right, but not the obligation, to review and reject any insurance policies failing to meet the
criteria stated herein, or any insurer(s) providing coverage due of its poor financial
condition or failure to operating legally in the State of Florida. In such events, the City of
Tamarac shall provide Contractor and City of Sunrise with written notice of such revisions
or rejections.
9. Certificate of Insurance. Contractor agrees to provide the City of Sunrise
and the City of Tamarac a Certificate of Insurance evidencing that all coverages, limits
and endorsements required herein are maintained and in full force and effect, and
Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when
a manuscript notice endorsement is available by Contractor's insurer. If the Contractor
receives a non-renewal or cancellation notice from an insurance carrier affording
coverage required herein, or receives notice that coverage no longer complies with the
(00277578.2 2704-0501640} -1 4-
insurance requirements herein, Contractor agrees to notify the City of Sunrise and City of
Tamarac by fax or email within five (5) business days with a copy of the non-renewal or
cancellation notice, or written specifics as to which coverage is no longer in
compliance. The Certificate Holder(s) address shall read:
For TAMARAC: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Phone: (954) 597-3510
Fax: (954) 597-3520
Email: michael.cernech@tamarac.org
For SUNRISE: City Manager
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, FL 33351
Phone: (954) 746-3430
Email: citymanager@sunrisefl.gov
10. Other Terms. City of Tamarac shall have the right, but not the obligation, of
prohibiting Contractor from entering the Project site until a new Certificate of Insurance is
provided to the City of Sunrise and the City of Tamarac evidencing the replacement
coverage. The Contractor agrees the City of Tamarac reserves the right to withhold
payment to Contractor until evidence of reinstated or replacement coverage is provided
to the City of Sunrise and the City of Tamarac. If the Contractor fails to maintain the
insurance as set forth herein, the Contractor agrees the City of Tamarac shall have the
right, but not the obligation, to purchase replacement insurance, which the Contractor
agrees to reimburse any premiums or expenses incurred by the City of Tamarac.
{00277578.2 2704-0501640) -1 5-
•
cAUNr
SUNRISE, FLORIDA'
-i RESOLUTION NO. 20-103
A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, APPROVING A
"JOINT PARTICIPATION AGREEMENT BETWEEN CITY OF TAMARAC
AND CITY OF SUNRISE FOR COMMERCIAL BOULEVARD MEDIAN
IMPROVEMENTS" AND A "MAINTENANCE AGREEMENT"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sunrise and the City of Tamarac wish to improve the
existing medians located on Commercial Boulevard from the Sawgrass Expressway off-
ramp to Pine Island Road, to include design and construction of the improvements and
ongoing maintenance following construction; and
WHEREAS, this project will include the development of new landscaping (including
hardscaped areas), irrigation and landscape lighting, including electrical and civil
engineering as required to facilitate the construction and installation of these
improvements; and
WHEREAS, the City of Tamarac shall be responsible for securing and managing
the contracts for design, construction, and maintenance of the project, and the City of
Sunrise will reimburse Tamarac for 50% of the costs. The City of Sunrise will participate
in the review and approval of the design and scope documents for the project. If any
items/features of the project are for the sole benefit/request of one city, then that city shall
be responsible for 100% of construction and maintenance cost for these items/features,
and wish to enter into a Joint Participation Agreement to define the terms and
responsibilities of each City; and
WHEREAS, a Maintenance Agreement between the parties sets forth the terms of
the maintenance of the project following construction. The project area is partially in the
City of Tamarac and partially in the City of Sunrise and the total project costs will be
shared 50/50 between Sunrise and Tamarac, including future maintenance and utility
expenses related to the improvements; and
WHEREAS, it is requested that the City Commission approve the Joint
Participation Agreement and the Maintenance Agreement with the City of Tamarac for
median improvements on Commercial Boulevard.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNRISE, FLORIDA:
KAKRG0911 1 C20251
RESOLUTION NO. 20-103
Section 1. A "Joint Participation Agreement between City of Tamarac and City
of Sunrise for Commercial Boulevard Median Improvements" and a "Maintenance
"Agreement," (collectively, Agreements), are hereby approved. Copies of the
Agreements are attached hereto and made a part of this Resolution.
Section 2. The City Manager is hereby authorized to execute the Agreements.
Section 3. The City Manager is hereby authorized to extend the term of the Joint
Participation Agreement in accordance with its terms. The City Manager shall provide
the City Clerk with a copy of any such extension.
Section 4. Effective Date. This Resolution shall be effective immediately upon its
passage.
PASSED AND ADOPTED this 23RD DAY of SEPTEMBER, 2020.
Mayor Michael J. Ryan
KAKRG0911 2 C20251
RESOLUTION NO. 20-103
Authenti ation: v,. Rpo
i a 4`ao'// q r�,i to
:1 *+,,,,/ ro ,•mac'. ffi
f c f
d`
Felicia M. Bravo , =, 9 6 2 �`z ` i
City Clerk ttfya�*, Aqt CORFO',� ®it,,
MOTION: SCUOTTO
SECOND: KERCH N, y
DOUGLAS: YEA
KERCH: YEA
SCUOTTO: YEA
SOFIELD: YEA
RYAN: YEA
Approved by the City Attorney
as to Form and Legal Sufficiency
Kimberly A. Klan
KAKRG0911 3 C20251
RESOLUTION NO. 20-103