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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-125Introduced by: v 11?)� Temp. Reso. #1074 Revised 7/27/78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 78 1 b A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROWARD COUNTY FOR CONSTRUC- TION OF SIDEWALKS AND BIKE PATHS IN THE CITY OF TAMARAC AS REQUESTED BY THE BROWARD COUNTY SCHOOL BOARD. WHEREAS, the City Council adopted Resolution R-78-67 urging rd County to share in the cost of sidewalk construction in the area adjacent to Tamarac Elementary School and NW 88th Avenue; and WHEREAS, the Board of County Commissioners and the Department of Transportation have reviewed such request and Broward County has offered an agreement to the City to share in this program; and WHEREAS, the City Council has reviewed said agreement and wishes to approve same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials .are hereby author- ized to execute an agreement with Broward County to share in the con- struction of sidewalks and bike paths along certain roads as requested by Broward County School Board, said commitment to be for $1.00/lineal foot for 8000 lineal feet for a total cost not to exceed $8,000.00. SECTION 2: Attached hereto and incorporated herein as Exhibit 1 is a list of footage and location of sidewalks to be constructed. SECTION 3: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this 29 1ATTEST: 30 31 32 33 34 a,,o t CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. RECORD OF COUNCIL VOTE MAYOR W. FALCK VJM H. MASSARO C'M H. WIENER _ CJM I.M. DISRAELLY ClId M. KELC)4 CITY ATTORNEY •t EXHIBIT 1 - Z- M—/2S" CITY OF TAMARAC SIDEWALK/BIKE PATH REQUEST The following sidewalks were requested by the School Board in Tamarac: .4 University Drive - West Side from 78th Street to McNab Road = 2,850 Lineal Feet McNab Road - North Side from University Drive to 88th Avenue = 3,450 Lineal Feet Lagos de Campo - East Side from McNab Road to Colony Club Apartments = 1,700 Lineal Feet TOTAL = 8,000 Lineal Feet i 1 11 A G R E E M E N T PROVIDING FOR WORK TO BE PERFORMED BY PERSONNEL OF THE BROWARD COUNTY DEPARTMENT OF TRANSPORTATION A G R E E M E N T Providing For Work to be Performed By Personnel of the Broward County Department of Transportation KNOW ALL,MEN BY THESE PRESENTS; That BROWARD COUNTY, a Body Corporate and Politic, and a Political Subdivision of the State of Florida, hereinafter referred to simply as COUNTY, through its Board of County Commissioners, which term shall in- clude its successors and assigns, AND The City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to simply as CITY. W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants and pay- ments hereinafter set forth, COUNTY and CITY hereby agree as follows: -2- 1 ADTTr1 C 1 DDCAMDI C In order to establish the background, context and frame P of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and com- mitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY, by and through its City Council has requested as- sistance of the Broward County Department of Transporta- tion for Construction of Sidewalks. 1.2 Broward County has the resources to do the necessary work at a cost substantially less than the CITY would have to pay if the work were to be performed without COUNTY as- sistance. 1.3 Broward County has adopted a policy of assisting Cities with such work subject to reimbursement of its expenses by the City. 1.4 The School Board of Broward County has requested City of Tamarac to have the sidewalks shown in Exhibit 1 constructed to benefit the children walking to and from schools within the City of Tamarac -3- ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS ;n For the purposes of this Agreement and the various cove- nants, conditions, terms and provisions which follow, the DEFINITIONS AND INDENTIFICATIONS set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 2.1 COUNTY Broward County, A Body Corporate and Politic, and a Political Subdivision of the State of Florida. 2.2 CITY Tamarac, a municipal corporation within the State of Florida. 2.3 WORK (To be completed in detail for each project.) Construct various 5 foot wide asphaltic concrete sidewalks within the Northwest section of Tamarac as outlined on the attached exhibit, totaling 8,000 lineal feet. Cost of this work shall not exceed one dollar per lineal foot a total cost not to exceed $8,000. 1 ARTICLE 3 OBLIGATIONS OF THE PARTIES 3.1 COUNTY agrees to perform the WORK as defined in Article 2.3 of this Agreement. a.2 COUNTY agrees to keep records of its actual costs in perform- ing the WORK and shall make such records available to CITY upon request. 3.3 COUNTY shall bill CITY at the completion of the WORK for all of COUNTY'S actual costs for material only incurred during the performance of the WORK, requested by the School Board. The cost for this WORK shall not exceed one dollar ($1.00) per lineal foot and $8,000.00 total. The parties acknowledge that the WORK set forth in Exhibit 1 has been requested by the Broward County School Board. 3.4 CITY shall pay to COUNTY the amount billed by COUNTY within thirty (30) days of receipt of COUNTY'S bill. 3.5 CITY agrees to indemnify, defend, save and hold harmless the COUNTY from and against all liabilities, judgments, costs, damages, expenses and attorneys' fees for personal injuries, property damage or for loss of life or property resulting from or in any way connected with the WORK, except liability for personal injuries, property damages or loss of life or property caused by an act of commission or omission of the COUNTY, its agents, contractors or employees. In addition, during the term of this Agreement, CITY agrees to maintain at its own expense with an insurance company authorized to do business in the State of Florida, an insurance policy -5- 1 covering liability for damages on account of bodily injury or death resulting therefrom to any person by reason of the COUNTY'S performance of the WORK. Such liability insurance policy shall name the COUNTY as an additional insured and shall be carried in the amount indicated on the certificate of insurance attached to this Agreement and made a part thereof. -5A- ADTTri C n GENERAL 4'1 INCORPORATION OF ALL PRIOR AGREEMENTS w This document incorporates and includes all prior negotia- tions, correspondence, conversations, agreements, or under- standings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agree- ment that are not contained in this document. Accordingly, it is agreed 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 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 here- with. 4.2 EXECUTION This document shall be executed in no less than four (4) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each 9M ''7s..:.a `�%i ,� �: '�sis..a.. •�.�:..-'<+w4��AY:`�i..- 'dLL''. � s,-k:.: �,•t�t ��c��e..,�3 .4"�ae�rr�-;y:ir :t:.,.. '-•��s3 ,a-.6w ae Nz..v:E , V:) ODRESI� -'r _ D. R. MEAD & COMPANY - 1900 Biscayne Boulevard z Miami, Florida 33132 1j a i If AND ADDRESS OF INSURFO CITY OF :TAMARAC 5811 N.W. 88th Avenue Tamarac Florida 33321 Attn: Ws. Nancy Cil—o COMPANIES AFFORD114G COVERAGES COMPANY A OLD REPUBLIC INSIIRANCE COMPANY LETTER COMPANY LETTER s COMPANv LETTER COMPANY LETTER COMPANY LETTER .e,. This is to certify that policies Of insurance listed beio,,,v have been issued to the insured named above and are in force at this time. f COMPANY I i POLICY Limits of Liability in Thousands (000) LETT,-? I TYPE OF INSu RANCE POLICY NUMBER ! EXPIRATION DATE ECH i AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY i $ 100 j $ N/A A ..o^nPRENFN ,yE oRnt Z 29141 4/8/79 P i ( PROPERTY DAMAGE ( $ 100 $ 100 F EMtS E� RE2 � S � , n HA7-RD i`+DEriG ROUNa aZ I j ov0�-.- T V?co .Nc • _ ! BODILY INJURY AND zl 3 PROPERTY DAMAGE I bnCAD F^.A PPOIER77 i COMBINED 3 I�" DEPENDENT 'C N,P:_T C. S','. i -.,. I , -- .N �C,Ky + `ADpties to ProductsiComcieted $ 100 I Operations Hazard. i R., Ih Y INJuaALITOMOB!LE LIABILITY 50 PERSON) a a '. A �s " LYil uRA I _ 100 � . . r'H J:wRRENC E, _ EXCESS LIABILITY I r r� Contractual Liability Coverage as per Construction Agreement including Broward County as Additional Insured. date rp S _ _10_ .'. `{S VJ!, Jt'. 1. �_' ._ ?t. :J tilONi .<�', `.'C7 _Crtli`_:it" I?J'i7 tf', .'iu3'.lure "". bl!Ity _: v IS�UED— Broward County - Building Dept. 201 S. E. 6th Street Ft Lauderdale, Florida 33301 8/3/78< 7.'� I Ll EXHIBIT 1 CITY OF TAMARAC SIDEWALK/BIKE PATH REQUEST 71 The following sidewalks were requested by the School Board in Tamarac: University Drive - West Side from 78th Street to McNab Road = 2,850 Lineal Feet McNab Road - North Side From University Drive to 88th Avenue = 3,450 Lineal Feet. Lagos de Campo - East Side from McNab Road to Colony Club Apartments = 1,700 Lineal Feet TOTAL 8,000 Lineal Feet signature; BROWARD COUNTY through its BOARD OF COUNTY COMMIS- SIONERS, signing by and through its authorized to execute same by Board action on the /oi day of .y 1971, a n d signing by and through of the ( co < duly authorized to execute same. ATTEST: � 7 COUNTY ADMINISTRATOR and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTEST: COUNTY BROWARD 9�' NTY, through its BOAR 0UNTYCOMMISSIONERS 00 CITY 197 This document prepared by Office of General Counsel for Broward County, Florida SUSAN DELEGAL, Acting General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 BYw-cat:. CITY OF TAMA AC By I d a y of -7-