HomeMy WebLinkAboutCity of Tamarac Resolution R-99-335Temp. Reso. #8712, July 29, 1999 1
Revision #1, November 30, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 -336"
A RESOLUTION OF THE CITY COMMISSION TO
AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO
ACCEPT AND EXECUTE AN AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC FOR
THE FUNDING OF UTILITY IMPROVEMENTS ALONG NW
44T" STREET IN THE CITY OF LAUDERHILL; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County plans to begin construction on NW 44" Street from
Inverrary Boulevard West to Rock Island Road in the City of Lauderhill; and
WHEREAS, Broward County plans to solicit bids for the project in accordance with
County procedures; and
WHEREAS, the City of Tamarac desires to construct utility improvements in the
form of a 12 inch water line within the boundaries of the project; and
WHEREAS, the City of Tamarac has requested that Broward County include the
utility improvements in its bid solicitation for the project; and
WHEREAS, the City of Tamarac has agreed to fund the cost for construction,
inspection and testing of the utility improvements; and
WHEREAS, the City of Tamarac has sufficient funds in the appropriate utilities
operational account to fund the cost for construction, inspection and testing of the utility
Temp. Reso. #8712, July 29, 1999 2
Revision #1, November 30, 1999
improvements; and
WHEREAS, the City of Tamarac has prepared plans and technical specifications
for the utility improvements along NW 441h Street from 64t' Avenue (vacated) to the existing
12-inch water line located along 441h Street near the emergency entrance to the Woodland
Golf Course maintenance facility; and
WHEREAS, it is the recommendation of the Director of Utilities that the proposed
Agreement (Attached as Exhibit 1) be accepted and executed; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to enter into an Agreement with Broward County for the
construction of a 12-inch water line along N.W. 44th Street as part of the County's N.W. 44th
Street Roadway Widening Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute an agreement between Broward County and the City of Tamarac regarding
the funding of Utility Improvements along NW 44" Street in the City of Lauderhill.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #8712, July 29, 1999 3
Revision #1, November 30, 1999
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
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PASSED, ADOPTED AND APPROVED this day of ,
1999.
ATTE,S,T:
CAROL`b6LD, CMC/AAE
CITY CLERK
I H,EREgY CERTIFY that I h e
a pr ve thisRES"UT104 as
MITCHELL S.
CITY ATTO
Utilities:MW/aml
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION V TE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M MISHKIN
DIST & COMM. SULTAN IF
DIST 4: COMM. ROBERTS
Exhibit 1
Temp. Reso. #8712
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
THE FUNDING OF UTILITYIMPROVEMENTS
ALONG NW 44"H STREET
IN THE CITY OF LAUDERHILL
Project No. 5107
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
THE FUNDING OF UTILITYIMPROVEMENTS
ALONG NW 44TH STREET
IN THE CITY OF LAUDERHILL
Project No. 5107
This is an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
isreferred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF TAMARAC, a municipal corporation located in Broward County, Florida,
organized and existing under the laws of the state of Florida, its successors and assigns,
hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, COUNTY plans to begin construction widen NW 44" Street from
Inverrary Boulevard West to Rock Island Road in the City of Lauderhill, hereinafter referred
to as the "Project"; and
WHEREAS, COUNTY plans to solicit bids for the Project in accordance with
applicable COUNTY procedures; and
WHEREAS, CITY desires to construct its underground utilities within the boundaries
of the Project; and
WHEREAS, CITY has requested that COUNTY include the CITY's utility
construction as part of the Project; and
WHEREAS, CITY has agreed to fund the cost for construction, inspection, and
• testing of such utility construction; and
WHEREAS, CITY has prepared plans and technical specifications for CITY's utility
improvements along NW 44th Street from 64th Avenue (Vacated) to the existing 12-inch
water line located along 441h Street near the emergency entrance to the Woodland Golf
Course maintenance facility, hereinafter referred to as "Utility Improvements"; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive.
Other terms and conditions are included in the exhibits and documents that are
expressly incorporated by reference.
1.2 Board: "Board" shall mean the Broward County Board of County Commissioners,
1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with CITY and to manage and supervise
execution and completion of the Scope of Services and the terms and conditions
of this Agreement as set forth herein. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Services.
1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the State of Florida.
1.5 County Attorney: "County Attorney" shall mean the chief legal counsel for
COUNTY who directs and supervises the Office of the County Attorney pursuant to
Section 4.03 of the Broward County Charter.
1.6 CITY: "CITY" shall mean the City of Tamarac.
1.7 Project: "Project" shall mean the construction to widen NW 44th Street from
Inverrary Boulevard to Rock Island Road in the City of Lauderhill.
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ARTICLE 2
is SCOPE OF SERVICES
2.1 CITY has prepared plans and technical specifications necessary for the construction
of the utility improvements of the CITY within the Project boundaries. Upon
COUNTY approval of the plans and technical specifications relating to the
construction of the utility improvements, COUNTY shall cause such plans to be
incorporated into the COUNTY's contract documents for the Project.
2.2 CITY shall own and maintain its Utility improvements upon CITY's approval and
acceptance of the utilities. COUNTY shall have no responsibility of any kind
whatsoever relating to the utilities except such responsibility which is set forth with
specificity herein.
2.3 CITY shall perform all inspection and testing of work involved in the UTILITY
IMPROVEMENTS at CITY's sole expense.
2.4 COUNTY shall:
2.4.1 Advertise for bids, accept bids and award 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.
2.4.2 Require that all contractor bids submitted for the Project contain a separate
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severable bid item for the Utility improvements. The COUNTY shall furnish
CITY with a copy of the overall low bid, as determined in COUNTY's sole
discretion, which bid shall include the bid item for the Utility improvements.
In the event that the low bidder's bid price is not acceptable to CITY,
COUNTY may delete the utility construction from the Project and proceed to
award the contract pursuant to COUNTY policy. CITY shall proceed on its
own in obtaining bids for and causing construction of its utility improvements
in a timely manner so as not to cause delay or interfere with Project.
2.4.3 Require in the construction documents that the construction contractor
provide as -built drawings of the CITY's utilities at CITY's expense as setforth
in Section 3.2 herein and any and all warranties applicable to CITY's utilities.
CITY shall pay for the cost of the as -built drawings, upon CITY's approval
and acceptance of the utilities.
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ARTICLE 3
COSTS
3.1 CITY shall pay for, obtain, and provide COUNTY with copies of each and every
permit required for the Utility improvements before work starts. CITY is responsible
for keeping such permits current.
3.2 CITY shall be responsible for each and every expense related to the design,
construction, testing, inspection, and construction management costs of its Utility
improvements. Invoices relating to the Utility improvements from the construction
contractor, construction contract administration consultant, testing firm(s) or from
any other source involved in the design, construction, testing, inspection, and
construction management of its underground utility construction shall be submitted
by the COUNTY to the CITY for review and approval. CITY shall complete their
review within ten (10) calendar days and shall remit payment to COUNTY within
twenty-five (25) calendar days of approval of each invoice so as to enable COUNTY
to comply with the payment provisions of the COUNTY`s construction contract and
professional services agreements for the project. In the event costs for the Utility
improvements are increased by change orders, approved by the COUNTY and
CITY, CITY shall remit immediately such increased amounts to COUNTY.
ARTICLE 4
TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 hereinbelow.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by CITY, upon a thirty (30) days written notice given by the terminating
party to the other party setting forth the breach. If CITY, or COUNTY, corrects the
breach within thirty (30) days after written notice of same, to the satisfaction of the
terminating party, the Agreement shall remain in full force and effect. If such breach
is not corrected and improved within thirty (30) days of receipt of notice of breach,
the terminating party may terminate the Agreement.
4.3 Termination of this Agreement for cause shall include, but is not limited to, failure
of the CITY to suitably perform its obligations required by Article 2 herein, and
failure of the parties to continuously perform the services required by the terms and
conditions of this Agreement in a manner calculated to meet or accomplish the
objectives set forth herein, notwithstanding whether any such breach was previously
waived or cured.
4.4 This Agreement may be terminated for convenience by either party upon a thirty
(30) day written notice given by the terminating party to the other party. This
Agreement may also be terminated by COUNTY's Contract Administrator upon
such notice as Contract Administrator deems appropriate in the event that the
Contract Administrator determines that termination is necessary to protect the public
health, safety, or welfare.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or
incurring additional expenses under the terms of this Agreement. CITY
acknowledges and agrees that ten dollars ($10.00), the adequacy of which is
hereby acknowledged by CITY, is given as specific consideration to CITY for
COUNTY's right to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by Contract Administrator which Contract
Administrator deems necessary to protect the public health, safety, or welfare may
be verbal notice which shall be promptly confirmed in writing in accordance with
Article 6, "NOTICES," herein.
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished b a written
p P Y
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6
NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Henry P. Cook, Director of Engineering
Engineering Division
Governmental Center, Suite 321
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
Michael Woika
Director of Utilities
6001 Nob Hill Road
Tamarac, Florida 33321
CC' City Attorney
City of Tamarac
7535 NW 88`h Avenue
Tamarac, Florida 33321
ARTICLE 7
INDEMNIFICATION
7.1 CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for acts and omissions of its agents or
employees to the extent permitted by law. Nothing herein is intended to serve as
a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or
- political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
7.2 COUNTY shall include the following clause in its construction contract with the low
bidder:
Contractor shall indemnify, defend, and hold harmless the City of
Tamarac, its officers, agents, and employees from and against any
claim, demand, or cause of action 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
construction or installation of the CITY's utility facilities.
ARTICLE 8
INSURANCE
8.1 The parties hereto acknowledge that CITY is a self -insured governmental entity
subject to the limitations of Section 768.28, Florida Statutes. The CITY shall institute
and maintain a fiscally sound and prudent risk management program with regard
to its obligations under this Agreement in accordance with the provisions of Section
768.28, Florida Statutes.
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ARTICLE 9
MISCELLANEOU
9.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
CITY, except for those documents provided by CITY to COUNTY, which shall
remain the property of COUNTY. Information and documents developed by CITY
relating to the Project that are requested by COUNTY shall be given to COUNTY
by the CITY.
9.2 NONDISCRIMINATION, EQUAL
EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
CITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. CITY shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded
by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the
basis of disability), and all applicable regulations, guidelines, and standards. In
addition, CITY shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
CITY's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 161/), national origin, marital status,
physical or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CITY shall not engage in or commit any discriminatory practice in violation of the
Broward County Human Rights Act (Broward County Code, Chapter 16'/) in
performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intend to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party
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beneficiaries to this Agreement and that no third party shall be entitled to assert a
. claim against either of them based upon this Agreement. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third
person or entity under this Agreement.
9.4 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by the CITY without the prior written consent of the COUNTY.
CITY represents that all persons delivering the services required by this Agreement
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Services and to provide and perform such
services to COUNTY's satisfaction for the agreed compensation.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance and all interim
and final product(s) provided to or on behalf of COUNTY shall be comparable to the
best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREA16 CH
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
COUNTY's or CITY's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
9.6 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities, and obligations pursuant
to this Agreement.
9.7 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
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COUNTY or CITY elects to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
9.8 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.9 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
9.10 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
9.11 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and CITY.
9.12 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
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alteration in the terms or conditions contained herein shall be effective unless set
forth in writing in accordance with Section 9.11 above.
9.13 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above are
acknowledged by the parties. The attached exhibits are incorporated into and
made a part of this Agreement.
9.14 MULTIPLE ORIGINALS
This Agreement may be fully executed in four (4) copies by all parties, each of
which, bearing original signatures, shall have the force and effect of an original
document.
(Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties hereto have made and executed this
A& 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
, 19 , and CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-Officio
Clerk of the Board of County By
Commissioners of Broward County,
Florida
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Chair
day of __ . _ , 19
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Carol S. Wolff
Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR THE
FUNDING OF UTILITY IMPROVEMENTS ALONG NW 44TH STREET IN THE CITY OF
LAUDERHILL
WITNESSES:
A EST:
City Clerk
(CORPORATE SEAL)
CSW:cb
11 /5/99
tamarac.u01
CITY
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CITY OF TAMARA/�C
Y
6/mayor-commissioner
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CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
TO: Carol Gold, DATE: February 28, 2000
City Clerk
FROM: is I Woika, RE: Original Agreement with
to f Utilities Broward County for Utility
Improvements
Attached for your records is the original signed agreement with Broward County for the funding
of utility improvements along NW 44t" Street in the City of Lauderhill. This agreement was part
of Resolution #99-335 which was on the December 8, 1999 agenda.
Attachment
c: Engineering Division
TO: Cily of Tamarac
6001 Nob Hill Road
Tamarac FL.33321-2401
1a = nsimm Leiaslu
Letter of Transmittal
Date 02/25/00
.lob No.5107
Attn: Mr. Mike Wioka
Re: NW 44"' Street
(From Inverrary Boulevard West to
Rock Island Road)
Hand Deliver
❑ For approval ❑ Returned for corrections
❑ For your use ❑ Approved as noted
❑ As requested
❑ For review and comment
NUMBER
OF
ORIGINALS
COPIES
OF
EACH
TOTAL
NUMBER
OF COPIES
DESCRIPTION
1
Fully executed agreement for the City of
Tamarac's utility improvements
1/ FTITZ.
COPY TO Darwin Townsend P.E. SIGNED (l t- �-
#70"1 tnigineering Div.. Design Section
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr.
World Wide Web: http://www.co.broward.fl.us
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
THE FUNDING OF UTILITYIMPROVEMENTS
ALONG NW 44TH STREET
IN THE CITY OF LAUDERHILL
Project No. 5107
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
THE FUNDING OF UTILITYIMPROVEMENTS
ALONG NW 44T" STREET
IN THE CITY OF LAUDERHILL
Project No. 5107
This is an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF TAMARAC, a municipal corporation located in Broward County, Florida,
organized and existing under the laws of the state of Florida, its successors and assigns,
hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, COUNTY plans to begin construction widen NW 40 Street from
Inverrary Boulevard West to Rock Island Road in the City of Lauderhill, hereinafter referred
to as the "Project"; and
WHEREAS, COUNTY plans to solicit bids for the Project in accordance with
applicable COUNTY procedures; and
WHEREAS, CITY desires to construct its underground utilities within the boundaries
of the Project; and
WHEREAS, CITY has requested that COUNTY include the CITY's utility
construction as part of the Project; and
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WHEREAS, CITY has agreed to fund the cost for construction, inspection, and
testing of such utility construction; and
WHEREAS, CITY has prepared plans and technical specifications for CITY's utility
improvements along NW 44' Street from 6411 Avenue (Vacated) to the existing 12-inch
water line located along 4411 Street near the emergency entrance to the Woodland Golf
Course maintenance facility, hereinafter referred to as "Utility Improvements"; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive.
Other terms and conditions are included in the exhibits and documents that are
expressly incorporated by reference.
1.2 Board: "Board" shall mean the Broward County Board of County Commissioners.
1.3 Contract Administrator: "Contract Adm inistrator' shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with CITY and to manage and supervise
execution and completion of the Scope of Services and the terms and conditions
of this Agreement as set forth herein. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Services.
1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the State of Florida.
1.5 County Attorney: "County Attorney" shall mean the chief legal counsel for
COUNTY who directs and supervises the Office of the County Attorney pursuant to
Section 4.03 of the Broward County Charter.
1.6 CITY: "CITY" shall mean the City of Tamarac.
1.7 Project: "Project" shall mean the construction to widen NW 441h Street from
Inverrary Boulevard to Rock Island Road in the City of Lauderhill.
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ARTICLE 2
SCOPE OF SERVICES
2.1 CITY has prepared plans and technical specifications necessary for the construction
of the utility improvements of the CITY within the Project boundaries. Upon
COUNTY approval of the plans and technical specifications relating to the
construction of the utility improvements, COUNTY shall cause such plans to be
incorporated into the COUNTY's contract documents for the Project.
2.2 CITY shall own and maintain its Utility improvements upon CITY's approval and
acceptance of the utilities. COUNTY shall have no responsibility of any kind
whatsoever relating to the utilities except such responsibility which is set forth with
specificity herein.
2.3 CITY shall perform all inspection and testing of work involved in the UTILITY
IMPROVEMENTS at CITY's sole expense.
2.4 COUNTY shall:
2.4.1 Advertise forbids, accept bids and award 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.
2.4.2 Require that all contractor bids submitted for the Project contain a separate
severable bid item for the Utility improvements. The COUNTY shall furnish
CITY with a copy of the overall low bid, as determined in COUNTY's sole
discretion, which bid shall include the bid item for the Utility improvements.
In the event that the low bidder's bid price is not acceptable to CITY,
COUNTY may delete the utility construction from the Project and proceed to
award the contract pursuant to COUNTY policy. CITY shall proceed on its
own in obtaining bids for and causing construction of its utility improvements
in a timely manner so as not to cause delay or interfere with Project.
2.4.3 Require in the construction documents that the construction contractor
provide as -built drawings of the CITY's utilities at CITY's expense as setforth
in Section 3.2 herein and any and all warranties applicable to CITY's utilities.
CITY shall pay for the cost of the as -built drawings, upon CITY's approval
and acceptance of the utilities.
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ARTICLE 3
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3.1 CITY shall pay for, obtain, and provide COUNTY with copies of each and every
permit required for the Utility improvements before work starts. CITY is responsible
for keeping such permits current.
3.2 CITY shall be responsible for each and every expense related to the design,
construction, testing, inspection, and construction management costs of its Utility
improvements. Invoices relating to the Utility improvements from the construction
contractor, construction contract administration consultant, testing firm(s) or from
any other source involved in the design, construction, testing, inspection, and
construction management of its underground utility construction shall be submitted
by the COUNTY to the CITY for review and approval. CITY shall complete their
review within ten (10) calendar days and shall remit payment to COUNTY within
twenty-five (25) calendar days of approval of each invoice so as to enable COUNTY
to comply with the payment provisions of the COUNTY`s construction contract and
professional services agreements for the project. In the event costs for the Utility
improvements are increased by change orders, approved by the COUNTY and
CITY, CITY shall remit immediately such increased amounts to COUNTY.
ARTICLE 4
TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 hereinbelow.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by CITY, upon a thirty (30) days written notice given by the terminating
party to the other party setting forth the breach. If CITY, or COUNTY, corrects the
breach within thirty (30) days after written notice of same, to the satisfaction of the
terminating party, the Agreement shall remain in full force and effect. If such breach
is not corrected and improved within thirty (30) days of receipt of notice of breach,
the terminating party may terminate the Agreement.
4.3 Termination of this Agreement for cause shall include, but is not limited to, failure
of the CITY to suitably perform its obligations required by Article 2 herein, and
failure of the parties to continuously perform the services required by the terms and
conditions of this Agreement in a manner calculated to meet or accomplish the
objectives set forth herein, notwithstanding whether any such breach was previously
waived or cured.
511
4.4 This Agreement may be terminated for convenience by either party upon a thirty
(30) day written notice given by the terminating party to the other party. This
Agreement may also be terminated by COUNTY's Contract Administrator upon
such notice as Contract Administrator deems appropriate in the event that the
Contract Adm inistratordetermines that termination is necessaryto protectthe public
health, safety, or welfare.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or
incurring additional expenses under the terms of this Agreement. CITY
acknowledges and agrees that ten dollars ($10.00), the adequacy of which is
hereby acknowledged by CITY, is given as specific consideration to CITY for
COUNTY's right to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by Contract Administrator which Contract
Administrator deems necessary to protect the public health, safety, or welfare may
be verbal notice which shall be promptly confirmed in writing in accordance with
Article 6, "NOTICES," herein.
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6
NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Henry P. Cook, Director of Engineering
Engineering Division
Governmental Center, Suite 321
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
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FOR CITY:
Michael Woika
Director of Utilities
6001 Nob Hill Road
Tamarac, Florida 33321
CC' City Attorney
City of Tamarac
7535 NW 8811 Avenue
Tamarac, Florida 33321
ARTICLE 7
INDEMNIFICATION
7.1 CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for acts and omissions of its agents or
employees to the extent permitted by law. Nothing herein is intended to serve as
a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
7.2 COUNTY shall include the following clause in its construction contract with the low
bidder:
Contractor shall indemnify, defend, and hold harmless the City of
Tamarac, its officers, agents, and employees from and against any
claim, demand, or cause of action 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
construction or installation of the CITY's utility facilities.
ARTICLE 8
INSURANCE
8.1 The parties hereto acknowledge that CITY is a self -insured governmental entity
subject to the limitations of Section 768.28, Florida Statutes. The CITY shall institute
and maintain a fiscally sound and prudent risk management program with regard
to its obligations under this Agreement in accordance with the provisions of Section
768.28, Florida Statutes.
ARTICLE 9
MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
CITY, except for those documents provided by CITY to COUNTY, which shall
remain the property of COUNTY. Information and documents developed by CITY
relating to the Project that are requested by COUNTY shall be given to COUNTY
by the CITY.
9.2 NONDISCRIMINATION, EQUAL
EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
CITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. CITY shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded
by COUNTY, including Titles I and I I of the ADA (regarding nondiscrimination on the
basis of disability), and all applicable regulations, guidelines, and standards. In
addition, CITY shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
CITY's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 161/2), national origin, marital status,
physical or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CITY shall not engage in or commit any discriminatory practice in violation of the
Broward County Human Rights Act (Broward County Code, Chapter 16'/) in
performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intend to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party
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beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third
person or entity under this Agreement.
9.4 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by the CITY without the prior written consent of the COUNTY.
CITY represents that all persons delivering the services required by this Agreement
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Services and to provide and perform such
services to COUNTY's satisfaction for the agreed compensation.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance and all interim
and final product(s) provided to or on behalf of COUNTY shall be comparable to the
best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
COUNTY's or CITY's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
9.6 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities, and obligations pursuant
to this Agreement.
9.7 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
COUNTY or CITY elects to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
9.8 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.9 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
9.10 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
9.11 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and CITY.
9.12 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
0
alteration in the terms or conditions contained herein shall be effective unless set
forth in writing in accordance with Section 9.11 above.
9.13 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above are
acknowledged by the parties. The attached exhibits are incorporated into and
made a part of this Agreement.
9.14 MULTIPLE ORIGINALS
This Agreement may be fully executed in four (4) copies by all parties, each of
which, bearing original signatures, shall have the force and effect of an original
document.
(Intentionally Left Blank)
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V
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 2-2 day of
Febru , 1-9210o, and CITY OF TAMARAC, signing by and through its
r"," u aut prized to execute same.
Ir
ATTEST:
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida 40-
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Ch
2a day of _ F-e-L zac�v
Approved as to form by
z ; + S� . s�i Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
�dJi �'•...J''� Governmental Center, Suite 423
f�"'•gyp A14 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
000 Telephone: (954) 357-7600
Teleco ier: (954) 357-6968
By "� gL4��:-
Carol S. Wolff
Assistant County Attorney
BEE
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR THE
FUNDING OF UTILITY IMPROVEMENTS ALONG NW 44T" STREET IN THE CITY OF
LAUDERHILL
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WCTNE`S,S�S:
ATTEST:
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.City? Clerk
(CORPORATE SEAL)
CSW:cb
11 /5/99
tamarac.u01
CITY
-12-
CITY OF TAMARAC
By
ayor-Commissioner
may of 91.
City ana er
o2c)-- day of ,19�
ttorne
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