HomeMy WebLinkAboutR-2002-148 RESOLUTION NO. 2002-148
A RESOLUTION BY THE CITY OF DANIA BEACH, FLORIDA,
APPROVING A LOCAL AGENCY AGREEMENT BETWEEN
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
AND THE CITY OF DANIA BEACH TO FACILIATE THE
PROJECT KNOWN AS DANIA BEACH BOULEVARD FROM SE
5T" AVENUE EAST TO CITY LIMITS; AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF SAID AGREEMENT
UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The State of Florida Department of Transportation and the City of Dania
Beach desire to facilitate the project known as Dania Beach Boulevard from S.E. 5th Avenue
east to City limits; and
WHEREAS, the State of Florida has requested the City of Dania Beach, Florida to
execute and deliver to the State of Florida Department of Transportation a Local Agency
Agreement for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA.
Section 1: That the City is hereby authorized to make, execute, and deliver to the State
of Florida Department of Transportation a Local Agency Agreement for the aforementioned
project, attached as exhibit "A".
Section 2: That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPT 1 h DAY OF SEP E 2002.
O ERT CHUNN JR.
MA OR—COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
b+iARLENE J H SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
RESOLUTION NO. 2002-148
APPROVED AS TO FORM AND CORRECTNESS:
• BY:
THOMAS J. N RO
CITY ATTORNEY
•
RESOLUTION NO. 2002-148
525-010-300 August 20. 1997,Rey.April 9,2001
Local Agencv Program Manual Chapter 2 Section 2
. SAMPLE RESOLUTION
A RESOLUTION BY THE BOARD OF CITY/COUNTY COMMISSIONERS OF
FLORIDA,AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT
AND PROVIDING WHEN THIS RESOLUTION WILL TAKE EFFECT.
WHEREAS, The State of Florida Department of Transportation and county/city desire to facilitate
(project description)and,
WHEREAS, the State of Florida has requested the County/City of ,Florida, to execute and deliver
to the State of Florida Department of Transportation a Local Agency Agreement for the aforementioned
project.
NOW,THEREFORE,BE IT RESOLVED by the Board of County/City Commissioners of ,
Florida, that is hereby authorized to make, execute,and deliver to the State of Florida
Department of Transportation a Local Agency Agreement for the aforementioned project.
DONE AND RESOLVED this—day of ,
BOARD OF COUNTY/CITY COMMISSIONERS
OF .FLORA
ATTEST:
•
BY: (Affix County/City Seal)
(title)
APPROVED AS TO LEGAL FORM AND CONTENT
BY:
ATTORNEY (Date)
•
Exhibit H-2-5-Sample Resolution 2-2-8
1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08/00
Page 1 of 2
DATE: 8/1/02
*GENCY: City of Dania Beach FEDERAL-AID PROJECT NUMBER: ( )
FIN NUMBER: 404759-1-58-01 STATE JOB NUMBER: N/A TIP PAGE NO.: N/A
PROJECT TITLE: Dania Beach Blvd Se 5th east to city limits
PROJECT TERMINI FROM: TO:
WORK PHASE: ❑ PLANNING ❑ ENVIRONMENT ❑ DESIGN ® CONSTRUCTION ❑ RIGHT OF WAY
AWARD TYPE: ❑ LOCAL ❑ LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent
reevaluation date.
EIS approved on N/A and reevaluated on N/A
EA/FONSI approved on N/A and reevaluated on N/A
Categorical Exclusion:
Programmatic Categorical Exclusion determination on 7/15/02 djl�
Type I Categorical Exclusion determination on 7/15/02
Type 11 Categorical Exclusion approved on N/A
Categorical Exclusion Reevaluation on N/A
TOTAL LOCAL AGENCY STATE PERCENT
PHASE ESTIMATED COS FUNDS FUNDING FEDERAL FUNDS FEDERAL OBLIGATION DATE
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) (Nearest dollar) FUNDS Month Year
PLANNING
&E
DESIGN
R/W
CONST. 164,000.00 164,000.00 100%
TOTAL
DESCRIPTION OF EXISTING FACILITY(Existing Design and Present Condition)
Roadway Width: 64 Number of Lanes 4
Bridge Number(s)on Project: N/A
DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-R ❑ ENHANCEMENT ❑ CONGESTION MITIGATION
Roadway Width: 64 Number of Lanes: 4
Bridge Number(s)on Project: N/A
Landscaping
;MAILING
CAL AGENCY CONTACT PERSON: Michael Sheridan TITLE: Director Public Works&Utilities
ADDRESS: 100 W. Dania Beach Blvd. PHONE: 954-924-3600
Y: Dania Beach AOf C QA 2QQ04
CATION AND DESIGN APPROVAL BY:
14tppr ving Authority)
TITLE: Director Public Works&Utilities DATE: 8/l/02
525-010-30
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GENCY: PROJECT TITLE: DATE:
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
RIGHT OF WAY AND RELOCATION:
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR
AS DESIGNEE,AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY
VELOPMENT.
AGENCY:
DATE: BY:
(Mayor/Chairman)
State of Florida Department of Transportation 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT CONSTRUCTION
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FPN No 404759-1-58-01 Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
FPN No Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 86 Contract No: Vendor No.:
Catalog of Federal.Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day.of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Department, and City of Dania Beach
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into:said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations hereinJhe parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
dscaping and as further described in Exhibit "A" attached hereto and by this reference made a part
reof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A,B,L are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall.commence, and complete the project as described in EXHIBIT "A"with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance withlall applicable Department procedures, guidelines,
manuals, standards, and directives as described:in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the.Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
0 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
r proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
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05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
ta, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
dministration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is$ 164,000.00 This amount is based upon
the schedule of funding in Exhibit"B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit"B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
904 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written; made in violation of this
subsection is null and void, and no money may be paid on such contract..The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other bind ing.commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and
which have a term for a period of more than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
Weof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
ible, Federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
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r any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment,
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit"B" of this Agreement and is
approved by the.Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and.made.available�upon request to the Department at all times during the.period of this
Agreement and for five(5)years after final payment-is made..Copies of these documents and records shall be furnished.
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work.
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration.of the five(5)year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the.Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have'not received the required
approval of the Department shall not be considered eligible costs.
3 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
e Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance.(CFDA) title and number, award
number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends$300,000 or more in Federal awards in its fiscal year, the recipient must have a
single or program specific audit conducted in accordance with the.United States Office of Management and Budget
(OMB) Circular A-133.
If a recipient expends less than $300,000 in Federal awards during.its fiscal year, an audit conducted in accordance with
the OMB Circular-A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal
year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid
from non-Federal funds.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a
state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance
OSection 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,the cost of the audit must
paid from non-State funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133
and Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes, and
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Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30
itys of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months
er the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or.litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General shall be sent to:
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes;and made or received in conjunction with this Agreement.
(Section 287.058(I)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities.shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
ection 287.058(I)(b), Florida Statutes)
fter.project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of
contract by the Department.
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00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the.Department,that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation:The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project,
Od costs attributable to goods or services received under a contract or other arrangements which have not been
proved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of(a) immediately terminating the Agreement or(b) suspending the Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
0ce under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
11,*ude any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
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imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of Federal financial participation in the project shall not constitute a waiver of any claim which the
Oe partment may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to
this Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
efined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts
d this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have
the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable Federal and State regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts -49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the Department's determination whether to enter
into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
wneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered",
arred", "KApended", "irre#igible", "lovlertier covered-&ansaction","participant" 'person", "primary covere"ansaction","
"principal", "proposal", and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
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The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person
Oo is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
less authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred; suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The
Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency
may, but is not required the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs" (Nonprocurement List)which is compiled by the General Services Administration. to, check
the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"
Nothing contained in the foregoing shall,be.construed to require establishment�of a system of records in order to render
in good faith the certification.required by this clause. The.knowledge and information of the Agency is not required to
exceed that which is normally processed bya prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, .
the Department may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
&artment or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include,.but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision
modified,only to show the particular contractual relationship in all its contracts in connection with the development of
operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all'such
contractors to insert a similar provision in all subcontracts, except subcontracts.for standard commercial supplies or raw
materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the
Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices
to be provided by the Department setting forth the provisions of the nondiscrimination clause.
.12.02 Title VI -Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
is Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
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2.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance.with Section 287.134 F.S., an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract
to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
12.06 Prohibited Interests:Neither the Agency nor any.of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided,-that any such present member; officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have
y interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability:arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
e terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
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13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
hereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
similar provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under•this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the AgencyJn the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure.to promptly notify the'Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
Otto Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
ering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency,
and that the project is accepted by the Agency as suitable for the intended purpose.
13-11 Agreement Format: All words used herein.in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the
0ncy, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member
Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
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If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
4ngress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
nod submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature cr a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency[:]will❑will not
maintain the improvements made for their useful life.
13-15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time,frames.:Upon receipt,.the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to)deliver a request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected,
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable,
in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
�ovided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:.
Title: Title:
Attest: Attest:
Title: Title:
As to form: As to form:
Attorney District Attorney
•
See attached Encumbrance Form for date of funding approval by Comptroller.
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FPN NO 404759-1-58-01
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
City of Dania Beach
Dated 8/1/02
PROJECT LOCATION:
Dania Beach Blvd.
The project ❑ is ® is not on the National Highway System.
The project ❑ is ❑ is not on the State Highway System.
1WJECT DESCRIPTION:
Landscaping
SPECIAL CONSIDERATION BY AGENCY:
N/A
SPECIAL CONSIDERATION BY DEPARTMENT:
•
N/A
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ENCY NAME & BILLING ADDRESS FPN, NO.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ON
LOCAL AGENCY PROGRAM
AGREEMENT
City of Dania Beach EXHIBIT"B..
100 W. Dania Beach Blvd. SCHEDULE OF FUNDING
Dania Beach,FL 33004 404759-1-58-01
PROJECT DESCRIPTION
Name Dania Beach Blvd SE 5th east to city limits Length
Termini C1tY lmlltS
FUNDING
(1) (2) (3)
TOTAL AGENCY STATE&
TYPE OF WORK PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. a.Agency Work
b.Other
c.Department Services
d.Total PE Cost(a+b+c)
Right-of-Way e.Agency Work
f.Other
g.Department Services
h.Total Right-of-Way Cost(e+f+g)
struction I.contract 164,000.00 164,000.00
j.Other
k.Other
I.Other
m.Total Contract Costs(i+j+k+l)
Construction Engineering
n. Agency
o.Other
p.Department Forces
q.Total Construction Engineering(n+o+p)
r.Total Construction Cost(m+q)
s.ESTIMATED TOTAL COST OF THE
PROJECT(d+h+r) 164,000.00 164,000.00
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EXHIBIT R
ADVANCE PROJECT REIMBURSEMENT
Article 2.02, second and third sentence are deleted and the following
This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent
litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if
approved, are made by the Department.
Article 7.00, first sentence is deleted and the following substituted:
The Department agrees to reimburse the.Local Agency in accordance with Section 339.12 of the Florida Statutes an
amount not to exceed the total estimated cost specified in Article 3.01 beginning in the Department's Fiscal Year
If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the
year(s) the project is scheduled,in the-Department's Work Program as of the date of the agreement. If the FHWA
funding is programmed in the Departments Adopted Work Program over a multi-year period, an annual amount
equal to the amount programmed will be reimbursed in each of these years. If the project is for resurfacing, is
estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments
beginning in the year the project was originally programmed. For all other state funded construction contracts
estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year
the project was originally programmed. All payments will be made in accordance with Section 6.00 of the
agreement.
The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in
question.
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EXHIBIT L
Landscape Maintenance Agreement
®rticle 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the
Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable
Department guidelines, standards and procedures (Project Standards?). Specifically, the Agency agrees to:
(a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibility includes (1) removing dead or diseased parts of plants or(11) pruning such
parts thereof which present a visual hazard for those using the roadway; and
(f) Remove or replace dead or diseased plants in their entirety,or remove or replace those plants that fall below original"Project
Standards."
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below"Project
Standards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the
Oant any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they
ll be replaced by parts of the same grade, size and specification as provided in the original plans for the project.
Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the
aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in
conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph
4(a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to
the Agency.
3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted
at any time in the future as determined to be necessary by the Department in order that the adjacent State road be
widened, altered or otherwise changed.to meet with the future criteria or planning of the Department. The Agency shall be
given notice regarding such removal,.relocation or adjustment and shall be allowed 60 days to remove all or part of the
project at its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the
Department will become the owner of the unremoved portion of the project, and the Department then may remove,
relocate or adjust.the project as it deems best, with the Agency being responsible for the cost incurred for the removal of
4. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, if the Agency fails to perform its duties under this Agreement following 15 days written notice.
(b) By either party following 60 calendar days written notice.
5. In the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have 60 days
after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own
Qjeand expense. The Agency will own that part of the project it removed. After the 60 day removal period portion of the
ct, the Department then may take any action with the project highway or all or part of the project it deems best, with
the Agency being responsible for any removal costs incurred.
6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other
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EXHIBIT L
Landscape Maintenance Agreement
9p-eements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and
erseded hereby.
7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the
Department.
8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
9. All notices, demands, requests or.other instruments shall be given by depositing the same in the U.S. Mail,
postage prepaid, registered or certified with return receipt requested or by telex or telegram:
(a) If to the Department, addressed to:
or at such other address as the Department may from time to designate by written notice to the Local Agency; and
(b) If to the Local Agency, addressed to:
Michael Sheridan,P.E.
QF W. Dania Beach Blvd.
Dania Beach, FL 33004
or at such other address as the Agency may from time to time designate by written notice to the
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other
instruments.
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EXHIBIT RL
Roadway Lighting Maintenance Agreement
1. a. The Agency shall, at its sole cost and expense, maintain the existing or about to be installed Roadway Lighting
System throughout its expected useful life.
b. In maintaining the Roadway Lighting System, the Agency shall perform all activities necessary to keep the
Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in
accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or
intentional damage,-or acts of nature. Said maintenance shall include, but shall not be limited to, routine
inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts
of the Roadway Lighting System (including the poles and any,and all other component parts installed as part of
the Roadway Lighting System), and the locating of facilities as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
(1) "Roadway and Roadside" Maintenance Procedure, Topic No. 850-000-015;
(2) "Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction"; and
(3) All other applicable local, State.or Federal laws, rules resolution or ordinances and Department procedures.
2. Operating Costs
In addition to the costs of maintaining the Roadway Lighting System, the Agency shall be responsible for all costs
of operating the Roadway Lighting System including, but not limited to, all costs of electrical power consumed by
the Roadway Lighting System and all other electrical charges.
Record Keeping
The Agency shall keep records of all activities performed and costs expended maintaining and operating the
Roadway Lighting System. The records shall be kept in such format as is approved by the Department.
4. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options,
provided that at no time shall the Department be entitled,to receive double recovery of damages:
a. Pursue a claim for damages suffered by the Department or the public.
b. Suspend or terminate the issuance of further permits to the.Agency for the placement of facilities on
Department property if the breach is material and has not been cured within 60 days from written notice thereof
from Department.
c. Pursue any other remedies legally available.
d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the
Agency; and
e. Require the Agency to remove the Roadway Lighting System at the Agency's sole cost and
expense.
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EXHIBIT RL
Roadway Lighting Maintenance Agreement
40 Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this Agreement
to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
6. Miscellaneous
a. The parties understand and agree that the Department has manuals and written policies and procedures which
shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into jointagreementsfor utility work to be performed by Department's highway
contractor. To the extent,that such a joint agreement exists, this Agreement shall not apply to facilities covered
by the joint agreement. Copies of Department manuals; policies, and procedures will be provided to the Agency
upon request.
b. Time is of the essence in the performance of all obligations under this Exhibit.
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EXHIBIT T
Traffic Signal Maintenance Agreement
Article 13.14 is expanded by the following:
The parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency named in the Resolution accompanying this Agreement has favorably
acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new
traffic signals and signal systems mentioned in the request order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible.
3. The installation of signals-or signal systems shall not endanger highway travel and shall be conducted in
accord with Part VI of the "Manual on Uniform Traffic Control Devices" (MUTCD) as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Local Agency shall be responsible for the maintenance and continuous operation of the traffic signals and
signal systems and the payment of electricity and electrical charges incurred in connection with operation of such traffic
signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be
responsible.for the payment of electricity and.electrical charges incurred in connection with the operation of the traffic
signals and signal systems, beginning with the burn-in period following conditional acceptance of the signal installation by
the Department, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems
*n final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the
ta Ilation contractor and the Department, during the burn-in period between conditional and final acceptance, are
contained in the Department's "Standard Specifications for Road and Bridge Construction."
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe
and efficient movement of highway traffic and that agrees with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of.the MUTCD, as amended. The Agency's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and
routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage).
The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum,
6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is
capable of performing the same,functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Agency.
7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in
phasing of signals and signal systems to accommodate changing needs of traffic,provided prior written approval is obtained
from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency
in accordance with Section 1A-4 of the MUTCD recommending such changes and signed and sealed by a qualified
Professional Engineer registered in the State of Florida. The Agency may make changes in the signal timing provided
these changes are made under the direction of a qualified Professional Engineer. The Agency
shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department
reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may
specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such
• 8. The Agency shall note of in the maintenance log any time and/or phasing changes and keep a copy of the
timings and any approval documentation in a file.
9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems
including, but not
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EXHIBIT T
Traffic Signal Maintenance Agreement
Oited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal
systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained
in this Agreement. The Agency shall furnish a copy of such agreements to the Department.
10. This Agreement shall remain in force during the life of the originally installed equipment and/or the life of any
replacement equipment installed with the mutual consent of the parties hereto.
•
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EXHIBIT D
ALTERNATIVE PAY METHOD
7 rrticle 6.00 is expanded by the following:
The Department will pay to the Agency, after receipt of an invoice, an amount equal to the invoice received by the Agency
from the Agency's contractor(s) or consultant(s). All invoices received from the Agency shall clearly separate the cost to
the contractor(s) or consultant(s) from the Agency's cost billed to the Department. All Agencies' costs invoiced must have
been incurred by the Agency prior to the date of the invoices. All invoices submitted to the Department must provide
complete documentation, including a copy of the contractor(s) or consultant(s) invoice, to substantiate the cost on the
invoice:.The Agency must certify on each invoice,that the costs from the contractor(s) or consultant(s) are valid and have
been incurred by the contractor(s) or consultant(s). Each monthly invoice subsequent to the first invoice from the Agency
must contain a statement from the Agency that the previous month's cost incurred by the contractor(s) or consultant(s)
has been paid by the Agency to the contractor(s) or consultant(s).
Date Advance Payment Approval
Received from FDOT Comptroller
REQUEST FOR AUTHORIZATION (RFA)
CHECKLIST
9ederal Aid Project No.
* FM No. 404759-1-58-01
* County: Broward
* Project Location: Dania Beach Blvd.
* Scope of Proposed Work for this RFA(Detailed Explanation):
See attached
1. Project is on approved Federal Aid system: X Yes No
*2. Sketch Map is included in package: �—Yes No
3. Advance notification sent: —Yes No
4. Project exempt from the Intergovernmental
X
Coordination and Review(formerly A-95) Yes No
5. Location Approval Granted: N Yes No
6. Design Approval Granted: R Yes No
*7. The environmental document was processed under.WPI # N/A FM#
and Federal Aid Project#
*8. The project is a Categorical Exclusion under(check one) ( X }23 CFR 771.117(c) or ( ) "Programmatic"
as approved by FHWA and listed in the Project Development and Environmental Manual. COMPLETE THE
FOLLOWING IF APPLICABLE: This project was re-evaluated in accordance with 23 CFR 771.129 on
*9. The environmental document for this project was a (check one) ( X Categorical Exclusion under 23 CFR
771.117(d) approved on , ( ) FONSI under 23 CFR 771.121 approved on
(� Final Negative Declaration approved on , or Final Environmental Impact Statement
under 23 CFR 771.125 approved on , A reevaluation in accordance with 23 CFR 771.129 was
approved on
10. Project is on page no. of the current STIP.
11. Project is not in the STIP. Please ad it at this time.
*12. This project will X will not be developed under the terms of Florida's Certification Acceptance
program for Final Design Phases, Award and Construction as approved by FHWA on August 9, 1991.
Design ONLY covered under CA yes no. Award and Construction covered under CA
yes no.
Additional requirements for all urban areas.
0 1. Project is on page no. , Item no. of the current TIP for the urban areas.
0 2. The urban area has been certified yes no.
Addition requirements for all toll facilities.
0 1. Project is or is not on a toll facility. Project is proposed as a toll facility yes no.
• 0 2. A Section 129 Agreement must be executed prior to requesting authorization of projects on existing or
proposed toll facility. Attached yes.
* Required Items
TYPE 'I PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
cgl
FM NO. 404759-1-58-01 CONTRACT NO.
: Dania Beach Blvd. SE 5th East to city limits
OJECT LOCATION
PROJECT DESCRIPTION: Landscaping
YES NO ° QUESTIONS
Are the impacts to local traffic patterns, property access, community cohesiveness,
: planned community growth.or.land pattems not adverse?
Are all air;-noise, and-water quality.impacts negligible or non-existent?
If there is wet land involvement;does it qualify,for either Nationwide or General -
__ Permit? ------
Can the project proceed without Ea U.S. Coast Guard Permit?
Are any or all flood plain encroachments not significant in accordance with Part 2,
Chapter 24?
Will endangered and threatened species and their critical habitats remain
�� -- unaffected? - --- _...------`- --- -----
Is there no right-of-way or an insignificant amount of right-of-way required for the
1 _ project? ..--
r� Are the residential or business relocations for the project not significant? - -�-
� Is Section 4(0 not applicable to the project?
- - --
properties protected under Section 106 which are taken, used or in close +-
Have
proximity to,the project been identified and if applicable reviewed by SHPO, and has
a determination of"No:Effect"or No Adverse Effect" been given?._ __
Has the contamination involvement not significant?
The project does not require a public hearing or an opportunity for a public hearing?
IMPORTANT' If the answer to any of these questions is NO, then a Type 1 or Programmatic
Categorical Exclusion does not apply.
10 Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued)
Rev. 10/31/97 PART 1, Chapter 3 3-25
State of Florida Department of Transportation
Application for Transportation Enhancement
Project Title: City of Dania Beach Revitalization Plan: Dania Beach Blvd.
From SE 5" Ave. east to city limits
Project Sponsor: Municipal (City of Dania Beach)
Contact: Bonnie Temchuk
Title: Assistant to the City Manager
Address: City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924=3609
Fax: (954) 921-2604
Priority: Highest
Name of Applicant: Same as Project Sponsor
1. Qualifying Enhancement Activities
Enhancement activities that the proposed project will address include:
• Landscaping and other scenic beautification will occur as depicted in the
conceptual plan from SE 5th Ave. east to city limits including: Shrub and
Groundcovers, Palm Trees, and Sod.
2. (a) The landscape enhancement of Dania Beach Blvd. has many direct
relationships to the inter-modal transportation system with regard to function,
proximity, and impact. First, Dania Beach Blvd. is an artery that runs through the
eastern corridor of South Florida. Dania Beach Blvd. is the main thoroughfare to
the beaches of both the City of Dania Beach and the City of Hollywood. An
innovative landscaping plan will greatly enhance this major thoroughfare.
(b) The project is located on Dania Beach Blvd. From SE 5th Ave. east to the city
limits. Dania Beach Blvd. acts as an artery for many commuters; from.Ft.
Lauderdale; the airport; the seaport; the City of Hollywood and resident of Dania
Beach among other cities; and thousands of tourists.
(c) Because the project will continue the beautification of the downtown district, it
has the unique opportunity to make Downtown Dania Beach a destination rather
than a conduit to other locations. This will enhance the City's image.
(d) The City of Dania Beach has several maintenance agreements for both Dania
Beach Boulevard and Federal Highway. The City of Dania Beach will negotiate
with the Florida Department of Transportation in order to specify the City's sole
responsibility for the maintenance of the upgrades.
(e) None
(f) The project area has already undergone improvements. Sample landscape
areas have been completed on Dania Beach Boulevard with great support of the
City and residents. We are seeking funds to completely revitalize the
aforementioned section of Dania Beach Blvd.
(g) It should be noted that the City of Dania Beach is taking a holistic view of this
enhancement. The plan that has been presented as an attachment is based on
a series of citizen workshops and discussions with FDOT and MPO
representatives:- They city is committed to-the complete revitalization of Dania
Beach Blvd. This:application represents merely,one phase of the'extensive
project.
3. (a) Public Works Crew.members will be responsible for the installation and
maintenance phases. Landscape installation would be completed by the City of
Dania Beach Public Works Department, except where construction costs have
been included in cost estimates. All installation labor in this regard is the city's
contribution to this project.
(b) The City Commission approved a resolution in support of the initial grant
application at its May 9, 2000 meeting.
(c) The City will own upgrades for the project.
(d) Although no cash match has been authorized for this application, the city is
committed to providing in kind contributions in the construction and maintenance
of this project.
(e) The.city.'s holistic.approach to this phased,revitalization should. be considered
as this lends to the practicability of the project..
4. Breakdown of Project Costs Highway (Phase 1):
Design $ 0
Construction $ 164,000
Total $ 164,000
AGENDA REQUEST FORM
my,CITY OF DAN IA BEACH
Prepared By: Bonnie Temchuk Date: 9/3/02
---------------------------------------------------------------------------------------------------------------------------------
Please complete the following items related to your agenda request.
1. Date of Commission meeting: 9/10102
2. Title: Improvements to Dania Beach Boulevard from SE 5 Ave east to City limits
3. Commission action requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. Summary explanation & background:
• A RESOLUTION BY THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
EXECUTION OF A LOCAL AGENCY AGREEMENT AND FURTHER
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID
AGREEMENT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
5.Attached Exhibits (please list):
1. Local Agency Program Agreement
6. List Additional Backup Materials Provided:
7. For purchasing requests only: Fund Dept.
Account name: Account#:
Finance Director Approval
iewed and a- pproved: }�
3 lJ Z
Department Director Date
y Manager Dale