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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-270Introduced by: �/ yy Temp. # / q 6 3 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 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. _ _ 77o A -RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA, AND BROWARD COUNTY FOR COMMERCIAL BOULEVARD UTILITY RELOCATION.BETWEEN THE FLORIDA TURNPIKE AND NORTHWEST 61ST AVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council hereby approves an agreement between the City of Tamarac and Broward County, a copy of which is attached hereto and specifically made a part of this Resolution, for the Commercial Boulevard Utility Relocation between the Florida Turnpike and Northwest 61st Ave. SECTION 2: That the proper City officials are hereby authorized and directed to execute said agreement on behalf of the City of Tamarac. SECTION 3: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this_ZV day of ATTEST: i CIT CLERKT I HEREBY CERTIFY THAT I have approved the form and correctness of this RESOLUTION MAYOR: DISTRICT (0144 - DISTRICT CITY ATTORNEY DISTRICT DISTRICT 1979. RECORD Of COUNCIL VOTE AGREEMENT Between BROWARD COUNTY • and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF TRANSITE PIPE ALONG COMMERCIAL BOULEVARD BETWEEN THE FLORIDA TURNPIKE AND NORTHWEST 61ST AVENUE • 0 A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF TRANSITE PIPE ALONG COMMERCIAL BOULEVARD BETWEEN THE FLORIDA TURNPIKE AND NORTHWEST 61ST AVENUE • This is an Agreement between BROWARD COUNTY, a political sub- division of the State of Florida, its successors and assigns, 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. W I T N E S S E T H WHEREAS, the water and sewer lines of the CITY OF TAMARAC along Commercial Boulevard between the Florida Turnpike and Northwest 61st Avenue have been found to be unreasonably interfering with the improvement and expansion of Commercial Boulevard; and WHEREAS, the CITY OF TAMARAC, as owner of the utility lines, was given notice of the necessary removal or relocation of their facilities and a legal determination was made that the costs of said removal or relocation should be borne by the CITY OF TAMARAC at its own expense; and WHEREAS, the CITY OF TAMARAC, as owner of the utility lines, accepts responsibility for removal or relocation but is.financially unable to fund the required relocation; and • • WHEREAS, the COUNTY is causing the construction and improvement of Commercial Boulevard and the CITY and COUNTY are aware that it would be counterproductive to expand and widen the road before the utility lines are relocated as required; and WHEREAS, the relocation of the utility lines in connection with the improvement of Commercial Boulevard will be in the general public interest and of substantial benefit to the residents of the COUNTY and the CITY. NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: 1. COUNTY and CITY hereby agree to establish a written agreement for the relocation of the water and sewer lines owned by CITY. 2. CITY shall perform the following: (a) Prepare or cause to be prepared, design plans and specifications for the relocation of the utility lines. Design plans and specifica- tions are to be complete and delivered to COUNTY as soon as they are completed by the CITY. Said plans will be reviewed and approved by COUNTY prior to CITY putting this work out to bid. • (b) Reimbursement to COUNTY of all costs for the installation of the new water and sewer lines, which costs shall include, but not be limited to, engineering services, installation costs and services, and inspection costs. (c) Completion of the installation of the new water and sewer lines according to the plans and specifications approved by COUNTY prior to COUNTY undertaking the improvement of Commercial Boulevard. (d) Advise COUNTY in writing when the new water and sewer lines have been connected and the existing water and sewer lines are abandoned. (e) CITY shall indemnify and hold COUNTY harmless for all claims and damages resulting from the removal of the existing water and sewer lines by COUNTY. (f) CITY shall indemnify COUNTY for any and all delays or "hold-ups" of any nature in the progression of COUNTY'S contractor in the widening and improvement of Commercial Boulevard attributable to CITY'S installation of the new water and sewer lines. -2- • 3. COUNTY shall perform the following: (a) Review and approve CITY'S plans and specifications prior to CITY putting the installation of the new water and sewer lines out to bid. (b) Initially fund the installation expense incurred by CITY, by making payment to CITY'S contractor(s) pursuant to paragraphs 4 and 5 of this Agreement. (c) Payment for all costs relative to the removal of the existing water and sewer lines. COUNTY shall include this removal work in its bidding documents. 4. The CITY shall keep accurate records of the costs of the installation of the utility lines, and duplicate copies of such records shall be forwarded to COUNTY within ten (10) days of receipt by CITY. COUNTY shall, at reasonable times, have access to any and all CITY records relative to the installation work. 5. The CITY shall submit a final itemized statement to the COUNTY within forty-five (45) days of the completion of the utility installation con- struction. • 6. First reimbursement payment to COUNTY shall be made by the CITY one (1) year after the installation work has been completed. The following payments shall be made semi-annually, with the total amount billed to be paid in full within five (5) years from the date of the first payment made by CITY to COUNTY. The CITY shall pay no interest on the cost of installation of the utility facilities. 7. It is understood and agreed between the parties that COUNTY shall not be held responsible for the construction of the new water and sewer lines; nor does the COUNTY warrant or guarantee the construction work. COUNTY'S liability is limited solely to the initial payments for the installation work, said payments to be reimbursed by CITY to COUNTY. ALTERNATIVE TO CITY INSTALLING LINES - COUNTY INSTALLATION 1. It is further agreed by and between the parties that if for any reason the CITY determines that it will be unable to go to bid for the installa- tion of the utility lines, then, in that event, the CITY will immediately notify COUNTY of this fact. 2. COUNTY, prior to letting bids for the construction on Commercial Boulevard will contact CITY to determine if CITY'S contract has gone to bid and when said work will be completed. If the CITY has not gone to bid by the time the COUNTY is ready to commence its bidding procedures, then the ' CITY hereby agrees that the installation of the utility lines along ISIS • Commercial Boulevard will be included in the bidding contract of the COUNTY; further, 3. COUNTY agrees to require a separate division in its bidding documents for the installation of CITY'S lines. 4. CITY agrees to be bound by the lowest overall bid received and accept- able to the COUNTY for the construction work on Commercial Boulevard, including the installation of the CITY'S utility lines. This is agree- able to CITY even if the overall lowest bid received by COUNTY contains a bid for the installation of utility lines which exceeds other bids received by COUNTY for said installation; further, 5. CITY agrees to indemnify and hold harmless COUNTY for any supervision performed or installation contracted for and constructed pursuant to this alternative method of installing the lines. 6. The COUNTY agrees to exercise good faith in implementing all reasonable requests by written Resolution of the City Commission of CITY for any imperfections or malfunctions of the utility lines caused by COUNTY'S contractors and subcontractors as agreements with them relate to the in- stallation of CITY'S utility lines along Commercial Boulevard. 7. This Agreement shall continue in effect and be binding on both the CITY • and COUNTY under either of the above alternatives until removal and relocation of the utility lines is completed and final remittance is made by the CITY to the COUNTY. 8. If either the CITY or COUNTY incurs any expense in enforcing the terms of this Agreement under either of the above alternatives, whether suit be brought or not, the parties agree that all costs and expenses, including but not limited to court costs, interest and reasonable attorneys fees, shall be paid to the prevailing party. have made and executed IN WITNESS WHEREOF, the parties hereto this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of ,19 , and THE CITY OF TAMARAC, Florida, signing by and through its Mayor and City Manager duly authorized to -4- I execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTEST: ,,Oi ty Manager F ATTEST: (,D�,t--Ci)Ka�' S&52YJ4�1 ty Clerk • COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chairman This day of ,19 Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 Telephone: (305) 765-5105 LIM CITY CITY OF TAMARAC, FLORIDA M WalterW.�Falclj a or Thi s�day of 9`c.�c� 19. y E ward A. Gross, City Manager This i_ day of 19 Z -5-