Loading...
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 1 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. 1 1 J 1 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 1 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 comm dev\c:\userdata\wpdata\res\hiatusfd\ps n LJ 62LA44* 0)& 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 �r xt • w w � io=LEI �e %- C�2zi� • • 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 • 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: f 6",?�r5 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. 1<. s(.0?.5,� 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 e� 5%6 - ayo� the same formality and with equal dignity hereto. is 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 r� 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� �J 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) • 11 Robert S. Noe, Jr. Z5! day of,&at&M-, 19yw/—.