HomeMy WebLinkAboutR-2005-193 Traffic Beautification Agr w-County RESOLUTION NO. 2005-193 °
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRAFFIC
BEAUTIFICATION AGREEMENT ON BEHALF OF THE CITY WITH
BROWARD COUNTY, PERTAINING TO IMPROVEMENTS TO A PORTION
OF RAVENSWOOD ROAD (ANGLERS AVENUE) WHICH PORTION LIES
BETWEEN STIRLING ROAD AND GRIFFIN ROAD; FURTHER,
AUTHORIZING SUCH OFFICIALS TO EXECUTE AND GRANT TO
BROWARD COUNTY A QUIT CLAIM DEED, A UTILITY EASEMENT AND
A TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE SAME
PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
.BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute a Traffic
Beautification Agreement on behalf of the City with Broward County pertaining to
improvements to a portion of Ravenswood Road (Anglers Avenue), which portion lies between
Stirling Road and Griffin Road; further, such officials are authorized to execute and grant to
Broward County a Quit Claim Deed, a Utility Easement and a Temporary Construction
Easement related to the same project.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 13, 2005.
ATTEST:
Uz ANNE CASTRO
`LOUISE STIL80N MAYOR - COMMISSIONER
CITY CLERK
ROLL CALL:
COMMISSIONER ANTON- YES
APPROVED AS TO F RM COMMISSIONER BERTINO- YES
AND CORRECTN SS COMMISSIONER MCELYEA- YES
VICE-MAYOR FLURY- YES
BY: MAYOR CASTRO - YES
THO AS J. A
CITY ATTORNEY
• o
CITE' OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commission
CC: Ivan Pato, City Manager
Dominic Orlando, P.E., Public Services Director
Patty Varney, Finance Director
Kristen Jones, Parks and Recreation Director
FROM: Thomas J. Ansbro, City Attorney
DATE: December 6, 2005
RE: Ravenswood Road (Anglers Avenue) Roadway Improvements Project;
Agreement between City and Broward County for Traffic Beautification and
Related Quitclaim Deed, Utility Easement and Temporary Construction Easement
The City was contacted by the County in connection with roadway, landscaping and
lighting improvements proposed for a roadway improvement project pertaining to a portion of
Ravenswood Road, lying between Stirling and Griffin Roads.
The Project Work has been reviewed by both Directors of the Public Services and Parks
and Recreation Departments and they have no objection to it. There will be no disruption of the
planned recreational improvements to Tigertail Park.
The Agreement provides that the City will maintain and irrigate the new landscaping and
will pay for the costs of illumination and maintenance of the new street lighting. If the City
objects to such lighting system obligations, the County will remove the existing lighting fixtures
and no new lighting will be installed.
These documents are ready for City Commission review and approval (authorization to
execute them after passage of a Resolution).
TJA:slw
Attachments
R
)P.W., ARD
' - COUNTY
Public Works and Transportation Department
HIGHWAY CONSTRUCTION AND ENGINEERING DMSION
1 N.University Drive,Suite 300•Plantatlon,Florida 33324-203e-9545T7-4555•FAX 954-5T/•23311
October 3, 2005
Mr. Thomas J. Ansbro, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
SUBJECT: Project 5223, Improvements to Ravenswood Road
Amended Traffiieway Beautification Agreement, Temporary Construction
Easement, Utility Easement,
Dear Mr. Ansbro:
Attached please find the following amended documents:
1. Traffic Beautification Agreement(five originals) amended with reference to
the security fence at Tigertail Lake.
2. Utility Easement document with Exhibit A for FPL Easement 106 Al
• Temporary Construction Easement —Parcel 106 TCE, and Quit Claim Deed—
Parcel 106 all corrected with the P,p. Box number changed to "100 West
Dania Beach Boulevard".
Please review the referenced documents, and if you find them acceptable, have them
executed and returned to me for processing by our Board.
If you have any questions, please do not hesitate to call me at 954-577-4588.
Sincerely,
Nancy E. . arrington, P.E. /
Project Manager
Att
cc: Henry P. Cook, P.E., Director
Richard C. Tomese, P.E, Assistant Director
Pamela M_ Kane, Assistant County Attornev
Enrique A. Crooks, P.E., EAC Consulting, Inc.
Broward County 6atgrd or county
*Phu$Eggelletlon,Jr.•Ben Grat>gr•Sue Gunzburger•Kristin-D.Jexpobg (leap Llobeirhth•Jphn E:Rodatrom.Jr.•Jim ScOtt.Diana Wamsrman-Rubin•Lois Wexler
wwW.br"rd.erg
,M,, ARD
� COUNTY
Public Works and Transportation Department
HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
1 N.University Drive,Bldg.B,Second FI•Plantation, Florida 33324.2038.954-577-4555•FAX 954-577-2338
June 16, 2006
Mr. Thomas J. Ansbro, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
SUBJECT: Project 5223. Improvements to Ravenswood Road
Trafficway Beautification Agreement
Dear Mr. Ansbro:
Attached please find your original fully executed Agreement, covering the Maintenance of the
Trafficways of Ravenswood Road.
Other copies of the agreement are distributed herewith as noted below.
If you have any questions, please do not hesitate to call me at 954-577-4588.
Sincerely,
Nancy E. Harrington, P.E.
Project Manager
Att
cc: Henry P. Cook, P.E., Director
Richard C. Tornese, P.E., Assistant Director, w/copy
Al DiCalvo, Assistant County Attorney, w/original
Jihad El Eid, P.E., Director, Traffic Engineering Division, w/copy
Charlie Quandt, Landscape Architect, w/copy
Luce Augustin, w/original
Broward County Board of County commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D Jacotis Ilene'Lieberrtnan:•Jofin E.'Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin•Lois Wexler
www.broward.org '
AGREEMENT
• Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
TRAFFICWAY BEAUTIFICATION FOR RAVENSWOOD ROAD
STIRLING ROAD TO GRIFFIN ROAD
This is an Agreement made and entered into by and between BROWARD
COUNTY, a political subdivision of the state of Florida, its successors and assigns,
hereinafter referred to as "COUNTY,"through its Board of County Commissioners,
AND
CITY OF DANIA BEACH, a municipal corporation located in Broward County,
Florida, and organized and existing under the laws of the state of Florida, its successors
and assigns, hereinafter referred to as "MUNICIPALITY."
WHEREAS, Ravenswood Road from Stirling Road to Griffin Road is a public
trafficway (hereinafter referred to as the 'Trafficway") a portion of which is located within
the municipal boundaries of MUNICIPALITY and classified as a COUNTY road; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and
MUNICIPALITY to illuminate and beautify a portion of the trafficway by installation of
illumination, landscaping, irrigation as defined in Article 2; and
WHEREAS, MUNICIPALITY has expressed its desire to undertake the
maintenance of the illumination and beautification systems of a portion of the Trafficway
on Ravenswood Road from Stirling Road to Griffin Road, following installation; and
WHEREAS MUNICIPALITY, by resolution of its governing body adopted on the
% day of 20lD has approved joint illumination and
beautification of the Trafficway with COUNTY, pursuant to the terms of this Agreement,
and has authorized the appropriate officers of MUNICIPALITY to execute this
Agreement; and
WHEREAS COUNTY, by action of its Board of County Commissioners on the
day of �l,v�.e_ 20 b`., has approved the joint illumination and
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beautification of a portion of the Trafficway with MUNICIPALITY and has authorized the
appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement shall mean this document, Articles 1 through 9, inclusive. Other
terms and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board shall mean the Broward County Board of County Commissioners.
1.3 Contract Administrator shall mean the Broward County Administrator, the
Director of Public Works and Transportation, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator are
to coordinate and communicate with MUNICIPALITY and to manage and supervise
execution and completion of the Scope of Services and the terms and conditions of this
Agreement as set forth herein. In the administration of this Agreement, as contrasted
with matters of policy, all parties may rely on the instructions or determinations made by
the Contract Administrator; provided, however, that such instructions and
determinations do not change the Scope of Services.
1.4 County shall mean Broward County, through its Board, a political subdivision of
the state of Florida.
1.5 County Attorney shall mean the chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward
County Charter.
1.6 Illumination shall mean light poles, luminaires, cable, conduit, grounding, load
centers, pullboxes, conductors and cable distribution systems
1.7 Landscape or Landscaping shall mean living plant materials such as grasses,
ground cover, shrubs, vines, trees or palms and nonliving durable materials commonly
used in environmental design such as, but not limited to, rocks, pebbles, sand, aesthetic
grading or mounding, decorative paving, and irrigation systems.
1.8 MUNICIPALITY shall mean the CITY OF DANIA BEACH, Florida.
1.9 Project shall mean the illumination and beautification of Ravenswood Road from
Stirling Road to Griffin Road.
ARTICLE 2 - SCOPE OF SERVICES
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2.1 COUNTY and MUNICIPALITY shall participate in the illumination and
beautification of the Trafficway Project in the manner set forth in this Agreement.
2.2 COUNTY shall:
2.2.1 Prepare, or cause to be prepared plans for the illumination and
beautification of the Trafficway Project. Such plans shall be reviewed and
approved by the Contract Administrator and a representative of MUNICIPALITY;
provided, however, that MUNICIPALITY may not unreasonably withhold its
approval.
2.2.2 In accordance with the approved illumination and beautification plans,
install or cause to be installed, along the Trafficway Project, illumination,
landscaping and irrigation systems compatible with the landscaping. In addition,
County will remove the fence located at the lake west of the Bass Pro Shops and
install a new security fence adjacent to the proposed sheet pile wall in the County
right of way.
2.3. MUNICIPALITY shall maintain all illumination, landscaping and irrigation within
the Trafficway Project as follows:
2.3.1 In the event that utilities are to be utilized in the illumination and
beautification of the Project, MUNICIPALITY shall take all necessary steps to
properly establish the utility account(s) with the MUNICIPALITY's electrical
energy and/or water supplier for the Project illumination and beautification
systems and shall agree to pay all electrical energy and water charges prior to
the initial energizing of the systems and shall continue to pay all such charges
relating to the illumination and beautification of the Project as such charges arise.
2.3.2 MUNICIPALITY shall properly maintain and fertilize all vegetation; keep all
vegetation as free from disease and harmful insects as practicable; properly
mulch the vegetation beds, keeping them free from weeds; periodically mow the
grass in order to maintain a neat and proper appearance; prune all plants so as
to remove all dead or diseased parts of plants and all parts of plants which
present a visual hazard or physical obstacle to the use of the Trafficway; remove
and replace all vegetation which is dead or diseased or which otherwise falls
below the initial level of beautification of the Project and keep litter removed from
the Trafficway Project . Any replacement of vegetation as required herein, shall
be accomplished by the use of plants of the same grade as specified in the
original approved plans and specifications and shall be of the same size as those
existing at the time of replacement.
2.3.3 MUNICIPALITY shall maintain the entire irrigation system and its parts in
working order according to the original approved plans. As part of such
maintenance responsibility, MUNICIPALITY shall keep in good repair, and
replace, defective or worn out irrigation system parts and equipment which
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system parts and equipment shall include, but not be limited to, pumps, pipes,
and sprinkler heads. MUNICIPALITY's responsibility to keep the system in good
repair shall include all necessary maintenance, repair and replacement of any
type or nature, including, but not limited to, maintenance, repair and replacement
due to normal wear and tear, acts of God, vandalism and accidents.
2.3.4 MUNICIPALITY shall maintain entire illumination system along the
Trafficway Project in accordance with the approved design plans and
specifications and in substantial conformance with the Standard Specifications
for Highway Lighting adopted by the Florida Department of Transportation. As
part of such maintenance responsibility, MUNICIPALITY shall keep in good
repair, and replace, defective or worn out lighting system parts and equipment
which system parts and equipment shall include, but not be limited to, poles,
luminaires, and circuitry. MUNICIPALITY's responsibility to keep or cause to
keep the system in good repair shall include all necessary maintenance, repair
and replacement of any type or nature, including, but not limited to, maintenance,
repair and replacement due to normal wear and tear, acts of God, vandalism and
accidents.
2.3.5 MUNICIPALITY shall maintain the fence installed in the County right of
way adjacent to the proposed sheet pile wall.
2.4 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall
. remain classified as a county road, and that the illumination and beautification systems
shall not be moved or relocated without the express written consent of the Contract
Administrator, and that this Agreement shall not affect County's responsibility for
installation and maintenance of traffic control signals and devices along the Trafficway.
ARTICLE 3 - COSTS
3.1 COUNTY shall be responsible for all costs associated with the design and
installation of the illumination and beautification systems and the security fence.
3.2 MUNICIPALITY shall pay all electrical energy and other utility charges relating to
the operation, maintenance and repair of the lighting system used in the illumination of
the Trafficway Project and all electrical energy and other utility and maintenance
charges relating to the landscaping and irrigation systems used in the Beautification of
the Project which is the subject of this Agreement.
ARTICLE 4 - TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, upon thirty (30) days' written notice given by COUNTY to MUNICIPALITY setting
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forth the breach. If MUNICIPALITY, corrects the breach within thirty (30) days after
written notice of same, to the satisfaction of COUNTY, the Agreement shall remain in
full force and effect. If such breach is not corrected and improved within thirty (30)
days of receipt of notice of breach, COUNTY may terminate the Agreement.
Specifically in the case of MUNICIPALITY's requirement to maintain the illumination and
beautification systems, COUNTY, at the option of the Contract Administrator, rnay
cause such breach to be corrected and improved and bill MUNICIPALITY for the costs
of such correction and improvement or terminate this Agreement. If COUNTY opts to
correct and improve the breach and bill MUNICIPALITY for same, MUNICIPALITY shall
then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's
receipt thereof.
4.3 Termination of this Agreement for cause shall include, but not be limited to:
failure of MUNICIPALITY to suitably perform the services required by Article 2 herein,
and failure of the MUNICIPALITY to maintain the Trafficway's beautification systems
pursuant to the terms of this Agreement and failure of MUNICIPALITY to continuously
perform the services required by the terms and conditions of this Agreement in a
manner calculated to meet or accomplish the objectives set forth herein,
notwithstanding whether any such breach was previously waived or cured.
4.4 This Agreement may be terminated for convenience by COUNTY upon thirty
(30) days' written notice given by COUNTY. This Agreement may also be terminated by
COUNTY's Contract Administrator upon such notice as Contract Administrator deems
appropriate in the event that the Contract Administrator determines that termination is
necessary to protect the public health, safety, or welfare.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or
incurring additional expenses under the terms of this Agreement. MUNICIPALITY
acknowledges and agrees that Ten Dollars ($10.00), the adequacy of which is hereby
acknowledged by MUNICIPALITY, is given as specific consideration to MUNICIPALITY
for COUNTY's right to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by Contract Administrator which Contract
Administrator deems necessary to protect the public health, safety, or welfare may be
verbal notice which shall be promptly confirmed in writing in accordance with Article 6,
"NOTICES, herein.
ARTICLE 5 - CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6 - NOTICES
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Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
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. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Director, Highway Construction and Engineering Division
1 North University Drive, Suite 300
Plantation, Florida 33301
FOR MUNICIPALITY
CITY OF DANIA BEACH
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 7 - INDEMNIFICATION
7.1 MUNICIPALITY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its
agents or employees to the extent permitted by law. Nothing herein is intended to serve
• as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of
this Agreement or any other contract.
7.2 In the event that MUNICIPALITY contracts with a third party to provide the
services set forth herein, addressed hereinabove, any contract with such third party
shall include the following provisions:
7.2.1 Indemnification: MUNICIPALITY's Contractor shall indemnify and hold
harmless COUNTY, its officers and employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of
MUNICIPALITY's Contractor and persons employed or utilized by
MUNICIPALITY's Contractor in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require MUNICIPALITY's
Contractor to indemnify COUNTY, its employees, officers, directors, or agents
from any liability, damage, loss, claim, action, or proceeding. These
indemnifications shall survive the term of this Agreement. In the event that any
action or proceeding is brought against COUNTY by reason of any such claim or
demand, MUNICIPALITY's Contractor shall, upon written notice from COUNTY,
resist and defend such action or proceeding by counsel satisfactory to COUNTY.
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7.2.2 The indemnification provided above shall obligate MUNICIPALITY's
Contractor to defend at its own expense to and through appellate, supplemental
or bankruptcy proceeding, or to provide for such defense, at COUNTY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 7.2.1 above which may be brought against
COUNTY whether performed by MUNICIPALITY's Contractor, or persons
employed or utilized by MUNICIPALITY's Contractor.
ARTICLE 8 - INSURANCE
8.1 SECOND PARTY is an entity subject to Section 768.28, Florida Statutes, and
SECOND PARTY shall furnish Contract Administrator with written verification of liability
protection in accordance with state law prior to final execution of this Agreement.
8.2 In the event that MUNICIPALITY contracts with a third party to provide the
services set forth herein, any contract with such third party shall include the following
provisions:
8.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of
this Agreement keep and maintain in full force and effect, at contractor's sole
cost and expense, insurance of the types and amounts as set forth on Exhibit
"A," a copy of which is attached hereto and incorporated herein by reference as if
set forth in full, and shall name COUNTY and Broward County Board of County
Commissioners as an additional insured.
8.2.2 MUNICIPALITY's contractor shall furnish to the Contract Administrator
Certificates of Insurance or Endorsements evidencing the insurance coverages
specified by this Article prior to beginning the performance of work under this
Agreement.
8.2.3 Coverage is not to cease and is to remain in full force and effect (subject
to cancellation notice) until all performance required of MUNICIPALITY's
contractor is completed. All policies must be endorsed to provide COUNTY with
at least thirty (30) days' notice of cancellation and/or restriction. If any of the
insurance coverages will expire prior to the completion of the work, copies of
renewal policies shall be furnished at least thirty (30) days prior to the date of
their expiration.
8.2.4 The policies referred to above shall be without any deductible amount and
shall be issued by approved companies authorized to do business in the State of
Florida, and having agents upon whom service of process may be made in
Broward County, Florida.
ARTICLE 9 - MISCELLANEOUS
9.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right
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to audit the books, records, and accounts of MUNICIPALITY that are related to this
Project. MUNICIPALITY shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the Project.
MUNICIPALITY shall preserve and make available, at reasonable times for examination
and audit by COUNTY, 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, Fla. Stat.), 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 COUNTY to be applicable
to MUNICIPALITY's records, MUNICIPALITY shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either federal or state law
shall be violated by MUNICIPALITY. Any incomplete or incorrect entry in such books,
records, and accounts shall be a basis for COUNTY's disallowance and recovery of any
payment upon such entry.
9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. MUNICIPALITY 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. MUNICIPALITY
shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act (ADA) in the course of providing any services funded by COUNTY, including Titles I
and II of the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition, MUNICIPALITY shall
take affirmative steps to ensure nondiscrimination in employment against disabled
persons. Such actions shall include, but not be limited to, the following: employment,
upgrading, 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.
9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/),
national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice
in violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16'/) in performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intend
to directly or substantially benefit a third party by this Agreement. Therefore, 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 either of them based upon this Agreement.
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The parties expressly acknowledge that it is not their intent to create any rights or
. obligations in any third person or entity under this Agreement.
9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY
represents that all persons delivering the services required by this Agreement have the
knowledge and skills, either by training, experience, education, or a combination
thereof, to adequately and competently perform the duties, obligations,and services set
forth in the Scope of Services and to provide and perform such services to COUNTY's
satisfaction. MUNICIPALITY shall perform its duties, obligations, and services under
this Agreement in a skillful and respectable manner. The quality of MUNICIPALITY's
performance and all interim and final product(s) provided to or on behalf of COUNTY
shall be comparable to the best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY
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.
COUNTY'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.
9.6 COMPLIANCE WITH LAWS. MUNICIPALITY 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.
9.7 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 COUNTY or MUNICIPALITY 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.
9.8 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.
9.9 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.
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9.10 APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this Agreement and any action involving
the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County,
Florida, the venue situs, and shall be governed by the laws of the State of Florida. To
encourage prompt and equitable resolution of any litigation that may arise hereunder,
each party hereby waives any rights it may have to a trial by jury of any such litigation.
9.11 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 the
Board and MUNICIPALITY.
9.12 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 9.11 above.
9.13 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.
9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5)
copies by all parties, each of which, bearing original signatures, shall have the force and
effect of an original document.
THIS SPACE INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice
Mayor, authorized to execute same by Board action and DANIA BEACH, signing by and
through its , duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
A Co d inistrator and By ti
-Officio CIgr-Jc of the / WE AAAyQR
Board of Count issioners
of Broward �• A�, 200 .
1.3�day of
Approved as to form by
. .:..
Office of County Attorney
Broward County, Florida
g5,. w .� 1ticOY{wV1^
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort L derdale, Florida 33301
Approved Telep ne: (954) 357-7600
}i(s� n�t�f Tele i r. (954) 357-6968
C :� nay��b y
Pamela M. Kane
Assistan ounty Attorney
day of , 204
11
f
s
I AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
• THE BEAUTIFICATION AND ILLUMINATION OF RAVENSWOOD ROAD FROM
STIRLING ROAD TO GRIFFIN ROAD
MUNICIPALITY
WITNESSES: CITY OF DANIA BEACH
-corn ' B
v
J Mayor-Commissioner
j 1(�
'day of �"lY ' ��„Z or
Municipal Clerk icipal Manager
n..
—day of �—m- � 20e•5
(CORPORATE SEAL)
APPROVED AS TO ORM:
Y
/NiurYlEipal Attorney
Pmk
DaniaBch III umBea uRavenswood.doc
9/30/2005
12
Exhibit A - Insurance Request for Subcontractor for Trafficway Beautification & Illumination, Proj. 5223
The following coverages are deemed appropriate for minimum insurance requirements for this project and will be required of the selected
firm and identified in the negotiated agreement.Any deviation or change during the contract negotiation period shall beapproved by Risk
Management.
TYPE OF INSURANCE Limits on Liability in Thousands of Dollars
Each Occurrence Aggregate
GENERAL LIABILITY I GARAGE LIABILITY Bodily Injury
[x ] Commercial General Liability Property Damage
[x ] Premises—Operations
[J Explosion & Collapse Hazard Bodily Injury and $1,000K $1,0001K
[] Underground Hazard Property Damage
[x ] Products/Completed Operations Hazard Combined
(Contractor shall maintain in force for 3 years after completion
of all work required coverage for Products/Completed Ops, Personal Injury Broward County
including Broad Form Property Damage)
[x] Contractual Insurance reserves the right to
[x ] Broad Form Property Damage review and revise
[x] Independent Contractors any insurance
requirements at the
AUTO LIABILITY Bodily Injury (each time of contract
[x ] Comprehensive Form person) renewal,not limited
[x ] Owned to the limits,
[x] Hired Bodily Injury (each coverages and
[x ] Non-owned accident) endorsements based
[x ] Any Auto If applicable Property Damage on insurance market
conditions and/or
Bodily Injury and $1,000K changes in the
Property Damage scope of services.
Combined
VENDOR RESPONSIBLE
POLLUTION & ENVIRONMENTAL LIABILITY Max Ded. $ FOR DEDUCTIBLE $
[ X]WORKER'S COMPENSATION AND [x] STATUTORY
EMPLOYER'S LIABILITY (NOTE (each accident) $100K MIN
PROFESSIONAL LIABILITY— E80 Max. Ded. $ VENDOR RESPONSIBLE $
[] FOR DEDUCTIBLE
(Contractor shall maintain E&O in force for 3 years after
completion of all work required
[ ] PROPERTY COVERAGE/ALL RISK Max. Ded. $ VENDOR RESPONSIBLE Agreed value
FOR DEDUCTIBLE
Replacement Cost
[X ] If project greater than $10k—installation Maximum Deductible $ 10K deductible Project value
floater required for replacement of material,
equipment, installation. All risk, agreed Each Claim
value. Otherwise, contractor will be VENDOR RESPONSIBLE
responsible for tools, materials, equipment, FOR DEDUCTIBLE
machinery etc, until completion, acceptance
by County and County takes possession.
Description of Operations/Locations/Vehicles Certificate must show on general liability and excess liability Additional Insured: Broward
County Board of County Commissioners, Broward County, Florida.Also when applicable certificate should show
B.C.B.C.0 as a named insured for property and builders risk and as a loss payee for installation floater when
coverage's are required. Certificate Must be Signed and All applicable Deductibles shown. Indicate bid number,RLI,RFP,
and project manager on COI.
NOTE`-If the Company is exempt from Workers'Compensation Coverage, please provide a letter on company letterhead or a copy of the
State's exemption which documents this status and attache to the Certificate of Insurance for approval. If any operations are to be
Cundertaken on or about navigable waters, coverage must be included for U.S. Longshoremen & Harbor Workers'Act/ 8 Jones Act
ANCELLATION: Thirty 30 Day written notice of cancellation required to the Certificate Holder:
Name 8 Address of.Certificate Holder
Broward County Board`of County Commissioners
.Risk Management Division,.RM 212 Darlene S. George/Daniel F. Clark
115 South Andrews Avenue Risk Management Division
-Fort Lauderdale; FL 33304 5/17/06
RE: (Proj.4223;X Harrington, Hwy:Const t Eng) Date Issued
Inca—n-1 imitcFnrm FA R—icorf rortifir ionfincravic ri?nn.r nnr. Fni
•
This instrument prepared by:
Yasmi Govin,Assistant County Attorney
Broward County Attorneys Office
115 South Andrews Ave, Rm, 423
Fort Lauderdale, FL 33301
954-357-7600
QUIT CLAIM DEED
(Pursuant to F. S. 125.411)
THIS DEED, executed this day of ;)e- , by the CITY OF
DANIA BEACH, a Florida municipal corporation (the"GRANTOR"), whose address is 100
West Dania Beach Boulevard, Dania Beach, Florida 33004, and BROWARD COUNTY, a
political subdivision of the State of Florida (the "GRANTEE"), whose address is
Governmental Center, Room 423, 115 South Andrews Avenue, Fort Lauderdale,Florida
33301.
W I T N E S S E T H.-
That GRANTOR for and in consideration of the sum of TEN DOLLARS($10.00)to it
in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to GRANTEE, its heirs, successors and assigns,forever, the following
described lands, lying and being in Broward County, Florida, to wit:
See Exhibit "A," attached hereto and made a part hereof
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to
the only proper use, benefit and behalf of the Grantee forever.
SUBJECT TO.-
All matters of record including existing public purpose utility and government easements
and rights of way.
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
1
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in
its name signing by and through / Vi=')/J tom) , authorized to execute
same, the day and year aforesaid.
ATTEST: CITY OF DANIA BEYt
i
City Clerk City Manager
day of 20 =�.
(Official Seal)
YYG_dmv
9/12/05
GADIV4\REALPR0P1DaniaBeach-QCD
2
This instrument was prepared by:
Yasmi Govin
Assistant County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
UTILITY EASEMENT
THIS INDENTURE made this �} day of 20 D between
first part, the CITY OF DANIA BEACH, a Florida municipal corporation, whose address
is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Broward County,
a political subdivision of the state of Florida, whose post office address is Broward
County Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida
33301, party of the second part:
WITNESSETH
WHEREAS, the party(ies) of the first part is/are the owner(s) of property situate
in Broward County, Florida, and described as follows:
See Exhibit "A" with accompanying sketch of description attached hereto
and made a part hereof, ("Property").
WHEREAS, the party of the second art desires an easement for utilities
P public
and/or other appropriate purposed incidental thereto, on, over and across said Property;
and
WHEREAS, the party(ies) of the first part is/are willing to grant such an
easement; NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants each to the other running and the
sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the party(ies) of the first part do(es)
hereby declare as follows:
1. The foregoing recitals contained in the above WHEREAS clauses are true,
accurate and correct and are incorporated herein by reference.
2. The party(ies) of the first part do(es) hereby grant unto the party of the second
part, its successors and assigns, a perpetual public utilities easement
("Easement"), across and through the Property.
3. The grant of Easement as described herein, shall include without limitati®n the
non-exclusive right of ingress and egress over the Property for the purpose of
providing, among other things, full and free right, access and authority to
construct, maintain, repair, install and rebuild facilities for the above stated
1
purposes on, over and across the above-described Property for said purposes
and to perform any other work necessary and incidental thereto. Such
construction shall be performed in a manner that uses reasonable care to
minimize damage to the party(ies) of the first part's improvements, if any, within
the Easement property and does not unreasonably block party(ies) of the first
part's ingress and egress to the Property.
IN WITNESS WHEREOF, the party(ies) of the first part has made and executed
this Easement on the respective date under his/her signature:
Signed, sealed and delivered Party(ies) of the first part:
in the presence of:
ATTEST: CITY OF DANIA BEACH
City Clerk C#Manager
L� day of ! �=^7�?,C��? 20 D`�
(Official Seal)
STATE OF FLORIDA }
COUNTY OF BROWARD}
The foregoing instrument wa acknowledged before me on this f day of
200S, bySV�al1�� �� i�.�d , who is personally known tome or who
has produced as identification.
(SEAL)
My Commission Expires: " .�"►�
Signature of Ndtary Public
Kzthy VanNoorden / -
Notary Public, State of Florida
My Comm, exp. Feb. 23, 2008 (Typed or printed name)
Comm. No. DD 293179
YYG:dmv
9/12/05
g:ldiv4lreaIprop\Dania Beach-UtilityEsmt
2
This instrument was prepared by:
Yasmi Govin
Assistant County Attomey
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE made this day of �� �t= �� , 20 , between
first part, the CITY OF DANIA BEACH, a Florida municipal corporation, whose address
is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Broward County,
a political subdivision of the state of Florida, whose post office address is Broward
County Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida
33301, party of the second part:
WITNESSETH
WHEREAS, the party(ies) of the first part is/are the owner(s) of property situate
in Broward County, Florida, and described as follows:
See Exhibit "A° with accompanying sketch of description attached hereto
and made a part hereof, ("Property').
• WHEREAS, the party of the second part desires a temporary construction
P rY
easement for on, over and across said Property; and
WHEREAS, the party(ies) of the first part is/are willing to grant such an
easement; NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants each to the other running and the
sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the party(ies) of the first part do(es)
hereby declare as follows:
1. The foregoing recitals contained in the above WHEREAS clauses are true,
accurate and correct and are incorporated herein by reference.
2. The party(ies) of the first part do(es) hereby grant unto the party of the second
part, its successors and assigns, a temporary construction easement
("Easement'), across and through the Property.
3. The grant of Easement as described herein, shall include without limitati®n the
non-exclusive right of ingress and egress over the Property for the purp®se of
providing, among other things, access to construct roadway improvements in the
county right-of-way together with appurtenances thereto, including the entering
upon the Easement property to slope or grade, either by fill or cut, as may be
prescribed by the construction plans of the said improvement, so that the
abutting lands of the undersigned party(ies) of the first part may conform, tie and
harmonize with the said construction, right to accomplish any alterations of
contours on said land; to move, temporarily store, and remove equipment and
supplies; to erect and remove temporary structures; and to perform any other
work necessary and incidental to the construction; to remove from the Easement
property debris and obstructions within the limits of the Easement property. Such
construction shall be performed in a manner that uses reasonable care to
minimize damage to the party(ies) of the first part's improvements, if any, within
the Easement property and does not unreasonably block party(ies) of the first
part's ingress and egress to the Property.
IN WITNESS WHEREOF, the party(ies) of the first part has made and executed
this Easement on the respective date under his/her signature.-
Signed, sealed and delivered Party(ies) of the first part:
in the presence of:
ATTEST: CITY OF DANIA BEAC
• By
City Clerk City Manager
r` ,Z
_ day of 20 62
(Offcial Seal)
STATE OF FLORIDA }
COUNTY OF BROWARD}
The foregoing instrument was ackno ledged before me on this 'day of
20 J 5, by who is personally known to me or who
has produced as identification.
(SEAL)
My Commission Expires: '
Signature of otary Public
KathyVar!Noorden
Notary Public, Mate of Florida1 '\1 i tkv \
'
ivly Comm. exp. Feb. 23, 200E (Typed or printed name)
Comm. No. DD 293179
• WG:dmv
9/12/05
g:ldiv4\realprop0ania Beach-Esmt
2
a
FLORIDA
{
December 22, 2005
Nancy E. Harrington, P.E.
Project Manager
Broward County Public Works &
Transportation Department
Highway Construction and Engineering Division
1 N. University Drive, Suite 300,
Plantation, FL 33324-2038
Dear Ms. Harrington:
RE: PROJECT 5223- IMPROVEMENTS TO RAVENSWOOD ROAD
(ANGLERS AVENUE): AMENDED TRAFFICWAY BEAUTIFICATION
AGREEMENT, TEMPORARY CONSTRUCTION EASEMENT AND QUIT
CLAIM DEED, UTILITY EASEMENT
On December 13, 2005, the Dania Beach City Commission adopted
Resolution No. 2005-193 a copy of which is attached for your files.
We are sending five originals of the above documents for execution by
Broward County. Upon execution, please return one original of each of these
documents to the City Clerk's Office for our records.
If you have any questions regarding the attached documents, please
contact Thomas J. Ansbro, City Attorney, at (954) 924-3635.
Sincerely,
(-,e
Miriam Nasser
Deputy City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beachAus