Broward County Commission Regular Meeting

A. MOTION TO ADOPT Resolution No. 2019-313 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, August 13, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO UNAUTHORIZED PEAK-HOUR LANE AND PEDESTRIAN ACCESS ROUTE CLOSURES, AND TRAFFIC SIGNAL MAINTENANCE AND OPERATION NOT IN CONFORMITY WITH THE MINIMUM STANDARDS APPLICABLE TO PUBLIC RIGHT-OF-WAY UNDER BROWARD COUNTY JURISDICTION FOR CONSTRUCTION PROJECTS IN BROWARD COUNTY RIGHT-OF-WAY; AMENDING CHAPTER 25, EXHIBIT 25.A, OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO INCLUDE PROVISIONS RELATING TO THE ASSESSMENT OF LIQUIDATED DAMAGES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by Commissioner Tim Ryan)

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.

B. MOTION TO DELEGATE AUTHORITY to the Director of Highway Construction and Engineering Division to establish, based on the objective criteria stated in the Administrative Code, the amounts to be assessed as liquidated damages for all contracts and permits governed by the Minimum Standards and levied in accordance with this Resolution.

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.

The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.

Provides for the public hearing required to amend Exhibit 25.A of Chapter 25 of the Broward County Administrative Code.

THE PUBLIC WORKS DEPARTMENT/HIGHWAY CONSTRUCTION & ENGINEERING DIVISION AND TRAFFIC ENGINEERING DIVISION RECOMMEND CONSIDERATION OF THE ABOVE MOTION.

Exhibit 25.A, Chapter 25 of the Broward County Administrative Code is entitled "Minimum Standards Applicable to Public Right-of-Way under Broward County Jurisdiction" (Minimum Standards). On February 12, 2019, based on an agenda item brought by Commissioner Ryan, the Board directed the Office of the County Attorney to prepare a resolution amending the Minimum Standards to include provisions related to the imposition of liquidated damages for unauthorized peak-hour lane closures, pedestrian access route closures, and out-of-compliance traffic signal maintenance and operation on construction projects in Broward County right-of-way.

The proposed Resolution amending the Minimum Standards was developed in coordination with staff of the above-referenced divisions. We are continuing to work with staff to develop objective criteria to be applied in determining liquidated damage amounts. Once developed, it is expected that these criteria will be distributed, prior to the public hearing, as a proposed amendment to the Resolution to be considered by the Board.

In addition to the proposed Resolution amending the Administrative Code, attached please find proposed sample language for inclusion in applicable contracts and permits.

Michael J. Kerr, Deputy County Attorney, (954) 357-7600