HomeMy WebLinkAboutCity of Tamarac Resolution R-79-270Introduced by: �/ yy
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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.
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• 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
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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
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