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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} -5- 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. {00179547.9 2704-0501640} -6- 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. {00179547.9 2704-0501640} -7- 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. {00179547.9 2704-0501640} -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). (00179547.9 2704-0501640) -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 (00179547.9 2704-0501640} -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. {00179547.9 2704-0501640} -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