HomeMy WebLinkAboutCity of Tamarac Resolution R-96-259October 23, 1996 - Temp. Reso. #7599 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96--��
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC FOR THE JOINT
FUNDING OF IMPROVEMENTS TO A
PORTION OF HIATUS ROAD BETWEEN
COMMERCIAL BOULEVARD AND MCNAB
ROAD, a/k/a PROJECT NO. 5154, AND
FORWARD IT FOR EXECUTION BY THE
APPROPRIATE OFFICIALS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission deems it in the best interests of the citizens of
Tamarac to promote economic development; and
WHEREAS, the Tamarac Commerce Park and the Westpoint Project are
strategically located to attract significant business and commerce; and
WHEREAS, the completion of Hiatus Road to McNab Road will provide the main
access road to these projects; and
WHEREAS, the completion of Hiatus Road will provide an alternative route for Nob
Hill Road traffic; and
WHEREAS, the City of Tamarac has an officially adopted local Comprehensive
Plan, including a trafficways element pursuant to the local government Comprehensive
October 23, 1996 - Temp. Reso. #7599 2
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Planning Act, and all segments of the public were offered an opportunity to participate in
the planning process leading to the adoption of this document; and
WHEREAS, the Broward County Planning Council amended the Trafficways Plan
to include Hiatus Road from Commercial Boulevard to McNab Road; and
WHEREAS, the City of Tamarac has determined the Hiatus Road Project and
resulting industrial development to be consistent with the goals, objectives, and policies
of the Tamarac Comprehensive Plan; and
WHEREAS, Broward County and the City of Tamarac have agreed to share in the
cost of the construction of Hiatus Road in a 62.5 percent (62.50/6) and a 37.5 percent
(37.5%) ratio respectively, for the project as described in this Agreement; and
WHEREAS, the Director of Community Development recommends approval of this
resolution; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute an Agreement Between Broward County and the City
of Tamarac for the Joint Funding of Improvements to a Portion of Hiatus Road Between
Commercial Boulevard and McNab Road, a/k/a Project No. 5154 (attached as Exhibit "A"),
and forward it for execution by the appropriate Officials of Broward County.
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October 23, 1996 - Temp. Reso. #7599 3
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 execute
the agreement between Broward County and the City of Tamarac for the Joint Funding of
Improvements to a Portion of Hiatus Road Between Commercial Boulevard and McNab
Road, a/k/a Project 5154 (attached as Exhibit "A"), and forward it for execution by the
appropriate officials of Broward County.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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.
October 23, 1996 - Temp. Reso. #7599 4
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of NOveA(OEA , 1996.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
V S . -
M T HELL S. KRAFT
CITY ATTORNEY
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RRY MISHKIN
VICE -MAYOR
RECORD OF COMMISSION VOTE
MAYOR
DIST 1: eQM H c
DIST 2: U
DIST 3:
DIST 4:
HIATUS ROAD JOINT FUNDING AGREEMENT
PROJECT NO. 51-54
CITY COMMISSION
NOVEMBER 13, 1996
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AGREEMENT
Between
BROWARD COUNTY
and
-CITY OF TAMARAQ
for
THE JOINT FUNDING OF IMPROVEMENTS TO
P RTI N F HIATIJ5 ROAD BETWEEN MMERCIAL BQULEVARD
AND MCNAB ROAD
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AGREEMENT
Between
BROWARD COUNTY
and
CITY QF TAMARAC
for
THE JOINT FUNDING OF IMPROVEMENTS TO
A PORTI N OF HIATUS R AD BETWEEN COMMERCIAL BOULEVARD
AND MCNAB ROAD
• This is an agreement between: BROWARD COUNTY, a political subdivision of
the State of Florida, through its Board of County Commissioners, hereinafter referred to
as "COUNTY".
AND
The CITY OF TAMARAC, FLORIDA, 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 and CITY have determined that it is in the best interests
of all parties to make certain improvements to Hiatus Road between Commercial
Boulevard and McNab Road; and
WHEREAS, it has been determined that substantial improvements in traffic flow
can be made by improvements to the above -referenced roadway; and
WHEREAS, COUNTY and CITY have agreed to share in the costs of these
improvements in a 62.5 percent and 37.5 percent ratio respectively, for the
improvement PROJECT described herein;
NOW, THEREFORE, in consideration of the mutual terms and conditions,
promises, covenants and payrr3nts hereinafter set forth, COUNTY and CITY hereby
agree as follows:
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1. For the purposes of this Agreement, the PROJECT shall be defined as the
design, right-of-way acquisition, environmental mitigation and construction of a
portion of Hiatus Road from McNab Road to the northern plat limit of the
Westpoint Section 7 Plat to a four -lane divided cross-section with left turn lanes,
right turn driveway approaches, and master storm water collection and outfall
system.
2. COUNTY and CITY shall share the costs of design, construction, right-of-way
acquisition, and wetlands mitigation for the PROJECT in accordance with the
terms and conditions contained herein. CITY shall be the governmental agency
responsible for the securing of contracts for the design, construction, right-of-
way acquisition and wetlands mitigation of the PROJECT, pursuant to the
CITY'S competitive bidding process.
3. CITY shall employ its staff or retain an engineering consultant and contractor to
design and construct the PROJECT.
4. The cost of the PROJECT shall be shared by COUNTY and CITY as follows:
4.1 The total cost of the PROJECT has been estimated to be $2,843,200.00
by the CITY'S ENGINEER. The COUNTY agrees to pay 62.5 percert of
the total cost of the PROJECT up to a maximum of $1,777,000.00.
4.2 CITY agrees to pay 3i.5 percent of the total cost of the PROJECT. The
CITY'S cost is estimated at $1,066,200.00.
4.3 In the event that Project Costs are in excess of the estimated total cost of
$2,843,200.00, COUNTY'S financial participation shall be limited to a
maximum of $1,777,000.00.
4.4 Within 30 calendar days after execution of this agreement, the COUNTY
shall provide certification to the CITY that COUNTY has established a
separate PROJECT fund in an amount sufficient to reimburse CITY for
COUNTY'S 62.5% share of PROJECT "SOFT COSTS." These SOFT
COSTS are defined as engineering services fees, right-of-way acquisition
expenses, wetlands mitigation expenses, and permitting fees. The total
amount of these SOFT COSTS has been estimated by the CITY'S
engineer to be $1,020,574.50, of which the COUNTY'S 62.5% share is
$637,859.06.
4.5 Upon receipt of accurate and reasonable invoices from the
consultant, the CITY shall provide acceptable documentation to the
COUNTY and request reimbursement for COUNTY'S share of actual
costs and expenses incurred. This reimbursement shall be
requested monthly.
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For the purposes of this agreement, " acceptable documentation"
shall be defined as:
A. A cover letter from the CITY requesting reimbursement and
providing pertinent project information.
B. A summary of costs and expenses prepared by the consultant
and approved by the CITY, which summarizes the contract
costs and substantiates the CITY'S request for
reimbursement.
The parties agree that the CITY shall have sole responsibility for the
detailed review and approval of the consultant invoices.
4.6 After a contractor is selected, but prior to the award of the contract, CITY
shall advise COUNTY as to the contract amount for the PROJECT; and
the date by which CITY intends to award the contract. Within 30 calendar
days of the date of notification of contractor selection, COUNTY shall
provide certification that COUNTY has established a separate PROJECT
fund in an amount sufficient to pay CITY in the manner set forth below.
4.7 Within 30 calendar days of the CITY awarding the contract for
construction of improvements, COUNTY shall remit to CITY an initial
portion not exceeding twenty (20) percent of the contract amount that it
has herein agreed to assume for the PROJECT. COUNTY shall disburse
funding for this Agreement in installments at the same time interims or
intervals as the installments that the CITY makes payment to the
contractor pursuant to this Agreement, until COUNTY'S contribution is
expended.
5. COUNTY and CITY agree that the CITY is authorized to enter into agreements
for the design and construction of the PROJECT, provided however, that the
COUNTY shall not have any responsibility for the project except as expressly set
forth herein.
6. COUNTY and CITY agree to comply with all applicable federal, state and local
laws, ordinances, codes and regulations. Plans and specifications shall be
submitted to the Broward County Engineering and Traffic Engineering Divisions
for their review and approval prior to finalizing same. COUNTY'S approval
includes the right to request changes necessary to bring plans and
specifications into compliance with COUNTY Engineering Standards.
7. COUNTY and CITY recognize that the COUNTY'S only role pursuant to this
Agreement is funding and that with the exception of the review and approval set
forth in paragraph 6, COUNTY shall not exercise any control over the work
herein described. CITY shall, to the extent provided by law, at all time hereafter,
indemnify and hold harmless COUNTY, its officers, agents, employees, and the
Board of County Commissioners against any and all claims, losses, liabilities or
expenditures of any kind including, but not limited to, court costs, expenses and
attorneys' fees accruing or resulting from any and all suits, claims, demands, or
damages of any character resulting from injuries or damages sustained by any
person or persons, corporations or property, by virtue of the performance of
CITY, its officers, agents, employees, consultants or contractors in connection
with this Agreement.
8. CITY agrees that any contract entered into by CITY for the design and
construction of the PROJECT shall provide for the following:
Indemnify and hold harmless Broward County, its officers, agents,
employees, and the Board of County Commissioners against any
and all clainis, losses, liabilities or expenditures of any kind
including, but not limited to, court costs, expenses and attorneys'
fees accruing or resulting from any and all suits, claims, demands,
or damages of any character resulting from injuries or damages
sustained by any person or persons, corporations or property, by
virtue of its performance or that of its subcontractors, agents,
servants or employees in connection with the PR JJECT.
9. CITY agrees that in any contract entered into by CITY which is contemplated by
this Agreement in which CITY has required a contractor or consultant to name
CITY as an additional insured, CITY shall also require that COUNTY and the
Board of County Commissioners be named as additional insureds. Said
insurance policy shall not be modified or canceled without thirty (30) days written
notice to COUNTY'S Risk Manager. COUNTY'S Risk Manager shall receive
copies of all insurance riders, addendums or policies insuring the COUNTY by
reason of this Agreement.
10. CITY agrees to name COUNTY as a third party beneficiary to all rights and
benefits enjoyed by CITY pursuant to its agreements with the consultant and
contractor.
11. In the event a party defaults under any obligation of this Agreement, the non -
defaulting party shall be entitled to all appropriate legal remedies including but
not limited to damages or specific performance. In the event the parties litigate
a dispute concerning any provision of this Agreement, the prevailing party shall
be entitled to an award of reasonable attorneys' fees and costs of the action
against the non -prevailing party.
12. No modification, amendment or alternation to the terms or conditions contained
herein shall be effective unless contained in a written document executed with
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the same formality and with equal dignity hereto.
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13. CITY shall submit to COUNTY, within ninety (90) days of completion of the
PROJECT and final payment to the Contractor, a complete program and
financial accounting report of all activities relating to the PROJECT.
14. COUNTY'S participation in this PROJECT is contingent upon the contracts for
design, installation and construction being awarded, executed and commenced
within eighteen (18) months of the execution of this Agreement.
15. Whenever either party desires to give notice unto the other, such notice must be
given in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it i3 intended, at the place last specified, and
the place for giving of notice shall remain such until it shall have been changed
by written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
County Administrator
Government Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
ED R I Y1
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
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With a Copy to:
Director of Community Development
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
,�P- 96 -OZ�r�
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized
to execute same by Board action on the day of , and
CITY OF TAMARAC signing by and through its CITY COMMISSION, duly authorized to
execute same.
ATTEST:
County Administrator and Ex -
Off icio Clerk of the Board of
County Commissioners of
Broward County, Florida
C�
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BROWARD COUNTY
B.ROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
M
day of , 199
Approved as to form by Office of County
Attorney, Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Fax: (954) 357-7641
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA,
FOR THE JOINT FUNDING OF IMPROVEMENTS TO A PORTION OF HIATUS ROAD
BETWEEN COMMERCIAL BOULEVARD AND MCNAB ROAD.
CITY OF TAMARAC
WITNES S: CITY O TAMARAC
By &AAM )OL
�- -� vice Maya Commissioner
Larry Mishkin
w --Z-.5'day of
ATTEST:
Carol A. Evans,CMC, City Clerk it City Manager
(CORPORATE SEAL)
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Robert S. Noe, Jr.
Z5! day of,&at&M-, 19yw/—.