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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-323Temp. Reso. #9571 October 11, 2001 1 Revision 1, November 6, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-323 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST CHANGE ORDER TO THE MCNAB ROAD AGREEMENT WITH BROWARD COUNTY IN THE AMOUNT OF $75,254.61 FOR FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD FOR A TOTAL CONTRACT AMOUNT OF $166,604.61 IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTES 337.403 AND 337.404; AND APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES ACCOUNTS INCLUDING THE APPROPRIATION OF $166,604.61 FROM RETAINED EARNINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 26, 1997, through Temp. Resolution #7772, the City Officials executed an agreement with Broward County for the funding required to provide construction methods to resolve conflicts between existing water and wastewater utilities and the construction associated with the widening of McNab Road for an estimated amount of $91,350 (a copy of which is attached hereto as "Exhibit 1 "); and WHEREAS, due to unforeseen field conditions, the number and type of structures proposed to resolve conflicts between existing utilities and the construction associated with the widening of McNab Road were revised; and Temp. Reso. #9571 October 11, 2001 2 Revision 1, November 6, 2001 WHEREAS, due to unforeseen field conditions, 225 feet of an existing 24-inch watermain was reconstructed to allow the construction associated with the widening of McNab Road; and WHEREAS, field changes to the number and type of conflict structures required for the McNab Road widening as well as the unexpected reconstruction of 225 feet of the existing 24-inch watermain resulted in a Change Order in the amount of $75,254.61 to the agreement with Broward County and revising the total contract amount to $166,604.61; and WHEREAS, it is the recommendation of the Director of Utilities that the first Change Order to the agreement with Broward County to resolve conflicts associated with the widening of McNab Road be approved, executed and funded; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute the first Change Order in the amount of $75,254.61 to the agreement between Broward County and the city of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" and provide for the funding of the agreement in the total amount of $166,604.61 with the appropriation of funds from Retained Earnings. 1 Temp. Reso. #9571 October 11, 2001 3 Revision 1, November 6, 2001 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the first Change Order in the amount of $75,254.61 to the agreement between Broward County and the City of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" (a copy of which is attached hereto as "Exhibit 2") SECTION 3: The funding of the Agreement with a budget appropriation in the amount of $166,604.61 from Retained Earnings to the Utilities Operating Fund account entitled, "McNab Road Utility Conflicts" is hereby approved for correct accounting purposes. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clauses, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 11 Temp. Reso. #9571 October 11, 2001 4 Revision 1, November 6, 2001 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 14t" day of November, 2001. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have ap roved this RESO U I N as to form. [�It-6,HEI-Lko. KR FCITY ATTORN Y / RG/TR/mg - -C JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A yel DIST 1: COMM. PORTNER Ag DIST 2: COMM. MISHKIN Ayes DIST 3.-IVIM SULTANOF A-yel. PWf'4: COMM. ROBERTS A e, 11 EXHIBIT 1 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAQ for IN ENT , �1 PBOJECT NO. This is an Agreement, made, and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF TAMARAC, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, COUNTY plans to begin construction on McNab Road from University Drive to Pine Island Road, hereinafter referred to as the "Project"; and WHEREAS, COUNTY plans to solicit bids for the Project in accordance with COUNTY procedures; and WHEREAS, due to construction of the Project, COUNTY would normally require CITY to remove its abandoned underground utilities and relocate its active facilities within the above -described boundaries of the Project; and WHEREAS, in lieu of requiring CITY to remove and relocate its utilities, CITY and COUNTY have agreed that CITY may fund the removal of the a portion of the abandoned utilities and the plugging and grouting of the remaining portion of the abandoned utilities, and leave the active facilities in their present locations, as part of the Project; and WHEREAS, CITY has agreed to fund the cost for such installation, estimated to be in the amount of Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00); NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: 1. The COUNTY has engaged the COUNTY'S engineer for the Project to prepare plans which provide for the removal and disposal of CITY'S abandoned underground asbestos concrete pipe which interferes with roadway drainage, the plugging and grouting of the remaining asbestos concrete pipe which does not interfere with the roadway drainage, and the installation of appropriate conflict structures where active utilities left in place interfere with the roadway drainage, all as part of the proposed construction of the Project. Upon COUNTY and CITY approval of the plans and specifications for this work, COUNTY shall incorporate such plans and specifications into the COUNTY'S contract documents for the Project. 2. The COUNTY shall be responsible for advertising for bids, accepting bids, and awarding the contract for construction of the Project, pursuant to COUNTY procedures. COUNTY agrees to be responsible for all construction coordination with respect to the Project. 3. The COUNTY shall require that all contractor bids submitted for the Project contain a separate, severable unit bid item for the removal and disposal, or the plugging and grouting, of the abandoned asbestos concrete pipe; and for conflict structures for active utility facilities. The COUNTY shall furnish CITY with a copy of the overall low bid it receives for the Project including the bid item for the aforementioned services. In the event that low bidder's bid price for these services is not acceptable to CITY, COUNTY may delete these services from Project and proceed to award the contract. CITY shall then proceed on its own to remove its utilities in a timely manner so as not to cause delay of Project. 4. Based on the information contained in the attached Exhibit "A," COUNTY and CITY estimate that the total cost for resolving the underground utility conflicts shall be Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00). Upon an award of the construction contract, CITY shall forward to COUNTY the amount of the unit bid prices for resolving the conflicts. I e event costs for solvin the conflicts ar creased or eased b chan a orders, a roved b UNTY and Cl �.��Nhall emit immediately such increas ounts to COUNTY or be refunded_ the decreased amounts, based on the contract unit prices. 5. COUNTY shall include the following clause in its construction contract with the low bidder: CONTRACTOR shall indemnify, defend, and hold harmless CITY OF TAMARAC, b! its officers, agents, and employees from and against any claim, demand, or cause of action, including attorney's fees and costs, of any kind arising out of errors, acts, or omissions, including negligent acts or omissions, of CONTRACTOR, its agents, consultants, or employees relating to the removal and disposal, or the plugging and grouting, of the CITY's abandoned asbestos concrete pipe. 6. This Agreement embodies the entire agreement between the parties and incorporates all prior negotiations, correspondence, conversations, agreements or 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. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity hereto. 7. Any dispute, claim, or objection arising under the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. IN WITNESS WHEREOF, the parties hereto 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 Chair or Vice Chair, authorized to execute same by Board action on the day of 119 , and CITY OF TAMARAC, signing by and through itsMayor/City ma duly authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS -3- Chair day of 119 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD, PROJECT NO. 5117 ZR.1ert T: 1 S. Noe, Jr., City Manag Carol A. Evans, CMC, City Clerk BEH tamautil.a01 2/27/97 #93-268 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Robert E. Hoeynck Assistant County Attorney CITY -4- CITY OF TAMARAC By Lz J Schreiber, Mayor 9_ day of , 19 .27 . Robert S. Noe, Jr., City Manag -Ga day of , March "�9�. QE jW'92 ell S. Kra , CiWAKt CI c ONLY Location N2. I= -Q= P Bottom Conflict Structure 104+49 PIR S-113A P-7T $2,400 J Bottom Conflict Structure 101+03 S-13A J-7T $3,400 108+29 S-1A J-7T $3,400 111+60 S-31A J-7T $3,400 113+39 S-34A J-7T $3,400 114+67 S-37A J-7T $3,400 116+40 S-40A J-7T $3,400 119+11 S-43A J-7T $3,400 143+51 S-70A J-7T $3,400 98+25 PIR S-104A J-7T $3,400 J Bottom Conflict Structure 101+03 S-15 J-7T $400 in place of Originally Designed J Bottom Structure J Bottom Conflict Structure 130+28 S-91 J-6 $1,000 in place of Originally Designed 131+71 S-88 J-5 $1,000 P Bottom Structure 133+13 S-85 J-5 $1,000 144+53 S-67 J-5 $1,000 145+72 S-64 J-5 $1,000 96+80 PIR 3-101 J-5 $1,000 102+00 PIR S-116 J-6 $1,000 102+00 PIR S-114 J-6 $1,000 104+50 PIR S-112 J-5 $1,000 104+50 PIR S-111 J-5 $1,000 r 106+80 PIR S-108 J-5 $1,000 QITY OE TAMARAC AND BELLSOUTH J Bottom Conflict Structure 94+00 97+59 99+00 99+48 102+35 103+71 R9T0a S-22A J-7T $1,700 ($3,400/2) S-20A J-7T $1,700 ($3,400/2) S-16A J-7T $1,700 ($3,400/2) S-15A J-7T $1,700 ($3,400/2) S-10B J-7T $1,700 ($3,400/2) S-78 J-7T $1,700 ($3,400/2) Note: PIR = Pine Island Road CITY OF T Ucation J Bottom Conflict Structure 92+00 in place of Originally Designed 106+42 P Bottom Structure 110+00 110+00 120+25 121+70 123+20 124+70 127+72 128+85 136+40 138+05 147+30 J Bottom Conflict Structure 99+37 in place of Originally Designed J Bottom Structure Oversized J Bottom Conflict 125+50 Structure CITY OF TAMARAC. BELLSOUTH AND BROWA No. Tyoe S-25A J-6 S-4 J-5 S-28 J-6 S-29 J-6 S-46 J-5 S-49 J-5 S-52 J-5 S-55 J-5 S-97 J-5 S-94 J-5 S-82 J-5 S-79 J-5 S-61 J-5 -C-= $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) S-118 J-7T $200 ($400/2) S-58A J-7T $4,500 ($9,000/2) Oversized J Bottom Conflict 125+99 S-59 J-7T $3,000 ($9,000/3) Structure Estimated Cost of Structures for City of Tamarac....... Estimated Cost of 6" AC Pipe Removal (20 LF)...... Estimated Cost of 12" AC Pipe Removal (760 LF)...... Estimated Cost of Concrete Pipe Grout (47 CY)...... Total Estimated Cost for City of Tamarac...... 2of2 $68,800 $300 $15,200 $7,050 TATRANSM-156MET EMI567-051000 + ♦ r + + « r r + 90 AV + V1 V V7 WA rg n ' m s^ n m a JS \ r r r « t t f F F r r f r f PINE� + r f h �C- p C ABES FED/SV 4 yr « p + t \��\\, ■ r a \. 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DG ' YJ� t + lC \\ + ►� Q /� 1 Jt A r a STATE + 9 a r FARM r r + N + ■Ip �t\)� ` n I TER R �r� r r r r r r ` « C:)j'r r a f+KEYES + / INSUR.jrr ' r r +/ya + LEVITT t. �i v r\ �� SgND r + oaf r EINSTE AV BC VD 8 0 r + r c� UNNIL.Af Z `• �� v p + + Iri 1 +0 BANK >� � N `^ Vq , 111 FTq l 79 AV / e7 Q 90 A r c i� // '•ar + a R3 nT rnv79AV Cc r \ram\\\ yo rC) 78 TER a O y N g74TER \�\ r . a , 4�Opd� qCt + A r rBIG y/.• a + + jijG4 k MAX ro j r C❑NCCRD VILLAGE rn _ v' a W — _ _ _ _ — — — W > z n = N �UNIVE4SITY DR o H� oM� a r" x�7' 08 usTa➢ ° H ' 9. '1 7Ap r (n r ;c h c a d 0 ib r Cc`+ N Vr ) n r co�� r N z z j M x y W MCNAB UTILITY CONFLICTS, BROWARD COUNTY AGREEMENT McNAB ROAD FROM UNIVERSITY DRnE TO 89th AVE. r1Vr`moV I1.0 W� EXHIBIT 2 CHANGE ORDER DATE OF ISSUANCE: August 22, 2001 ^ OWNER: CITY OF TAMARAC 7525 NW 88t" Avenue Tamarac, FL 33321-2401 CONTRACTOR: Broward County We-] PROJECT NAME: McNab Road Wideni BID NO. N/A IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS. T�-o:7Ia11[6P►A Construction of a number of conflict structures and lowering 225 feet of an existing 24" watermain. PURPOSE OF CHANGE ORDER: In order to accommodate the McNab Road reconstruction, a number of conflict structures were revised and 225 ft. of existing 24" watermain was lowered due to unforeseen conditions in the field. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $ 91,350.00 N/A Previous Change Order No. N/A to No. Net change from previous change orders $ Non N/A Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 91,350.00 N/A Net (Increase) of this Change Order Net (Increase) of this Change Order $ 755 254.61 N/A Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 166,604.61 N/A REC D APPROVED BY actor JE E L. MILLER City Manager Date 0 Date 1/-/ 4--01 CO-1 APPRO D BY " i�z Browap County Date Conflict Structure Costs BellSouth Joint Project Agreement JPA CONFLICT STRUCTURE COSTS / FINAL RECONCILLIATION Structure Number Type Bid Price COT Cost BST Cost City of Tamarac Only S-313 P-7T $ 3,000.00 $ 3,000.00 S-22A J-7T $ 3,000.00 $ 3,000.00 S-25E Partial $ 1,500.00 $ 1,500.00 S-64A J-7T $ 3,000.00 $ 3,000.00 S-67A J-7T $ 3,000.00 $ 3,000.00 S-70A Partial $ 1,500.00 $ 1,500.00 S-113 J-7T $ 3,000.00 $ 3,000.00 5-120A Partial $ 1,500.00 $ 1,500.00 S-123A Partial $ 1,500.00 $ 1,500.00 S-206 Partial $ 1,500.00 $ 1,500.00 S-25F J-7T / Special $ 8,500.00 $ 8,500.00 S-61A J-5C $ 3,000.00 $ 3,000.00 S-62A J-7T / In Place $ 8,996.11 $ 8,996.11 S-96B J-7T $ 3,000.00 $ 3,000,00 S-108B J-7T $ 3,000,00 $ 3,000,00 S-111 B J-7T $ 3,000.00 $ 3,000.00 S-115B J-7T $ 3,000.00 $ 3,000.00 S-117B J-7T $ 3,000.00 $ 3,000.00 S-31 P-5C $ 3,500.00 $ 3,500.00 S-34 P-5C $ 3,000.00 $ 3,000.00 S-37 P-5C $ 3,600.00 $ 3,600.00 COT & BST S-15A J-7T $ 3,000.00 $ 1,500.00 $ 1,500.00 S-226 J-6C $ 3,600.00 $ 1,800.00 $ 1,800.00 S-58A J-7T Special $ 3,500.00 $ 1,750.00 $ 1,750.00 COT, BST & BC S-4 J-5 $ 3,000,00 $ 1,000.00 $ 1,000,00 S-6 J-7T $ 3,000.00 $ 1,000.00 $ 1,000.00 S-7 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-9 J-7T $ 3,000.00 $ 1,000.00 $ 1,000.00 S-10 J-5 $ 3,000.00 $ 1,000,00 $ 1,000.00 S-25A J-6 $ 3,600.00 $ 1,166.67 $ 1,166.67 S-28 J-6 $ 3,600.00 $ 1,200.00 $ 1,200.00 S-29 J-6 $ 3,600.00 $ 1,200.00 $ 1,200.00 S-46 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-49 J-5 $ 3,500.00 $ 1,166.67 $ 1,166.67 S-52 J-5 $ 3,000,00 $ 1,000.00 $ 1,000.00 S-55 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-59 J-6 $ 3,600.00 $ 1,200.00 $ 1,200.00 S-61 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-67 J-5 $ 3,500.00 $ 1,166.67 $ 1,166.67 S-79 J-5 $ 3,000.00 $ 1,000A0 $ 1,000.00 S-82 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-88 J-5 $ 3,000,00 $ 1,000.00 $ 1,000.00 S-91 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-94 J-5 $ 3,000.00 $ 1,000.00 $ 1,000.00 S-97 J-5 $ 3,000.00 $ 1,000.00 $ 1,000,00 9/27/2001 COT JPA Costs Revised 2a Conflict Structure Costs BellSouth Joint Project Agreement COT & BC S-15 J-7T $ 3,000.00 $ 1,500.00 S-116 J-6 $ 3,600.00 $ 1,800.00 BC & BSt S-1 J-5 $ 3,500.00 $ 1,750.00 S-13 J-6 $ 3,600.00 $ 1,800.00 5-40 J-5 $ 3,000.00 $ 1,500.00 S-43 J-5 $ 3,000,00 $ 1,500.00 S-64 J-5 $ 3,000.00 $ 1,500.00 S-84A J-7T $ 3,000.00 $ 1,500.00 S-117A J-7T $ 3,000.00 $ 1,500.00 S-124 J-5 $ 3,500.00 $ 1,750.00 BSt Only S-25D J-7T $ 3,000.00 $ 3,000.00 S-108A J-7T $ 3,000.00 $ 3,000.00 S-111A J-7T $ 3,000.00 $ 3,000.00 S-115A J-7T $ 3,000.00 $ 3,000.00 S-120 J-5 $ 3,500.00 $ 3,500.00 Broward County Contract Cost $ 192,196.11 Subtotal of Structure Costs for City of Tamarac $ 98,546.11 Removal 6" ACP Pipe ALL 0' @ $20 $ - Removal 12" ACP Pipe ALL 442' @ $15 $ 6,630.00 Concrete Pipe Grout ALL 14.3 CY @ $100 $ 1,430,00 Subtotal amount owed by COT to Broward County $ 106,606.11 Note: The following items were previously approved by the City in conjunction with Change Order #2 to CFER. Change Order #2, City of Tamarac Water Main Relocation and Protection Work Subtotal Water Main Relocation $ 59,998.50 Combined Total JPA items and Water Main Relocation $ 166,604.61 9/27/2001 COT JPA Costs Revised 2a