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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-062Temp. Reso. #7772, March 26, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97-4�2 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 "FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD" A/K/A COUNTY PROJECT 5117 ASSOCIATED WITH WATER AND WASTEWATER UTILITIES AND THE WIDENING OF MCNAB ROAD AND FORWARD IT FOR EXECUTION BY THE APPROPRIATE OFFICIALS OF BROWARD COUNTY; FUNDING OF THE AGREEMENT WITH A BUDGET TRANSFER IN THE AMOUNT OF $91,350 FROM UTILITIES OPERATING FUND ACCOUNT ENTITLED "CONTINGENCY" TO UTILITIES OPERATING FUND ACCOUNT ENTITLED "MCNAB ROAD UTILITY CONFLICTS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County will be widening a section of McNab Road between University Drive and 89th Avenue (as shown in map form as "Exhibit 1 "); and WHEREAS, the CITY COMMISSION has approved Capital Improvement Project budgets for funding, Engineering Consultants for design, and contracts for construction to address the upgrading and relocation of asbestos cement pipe (ACP) water and sewer mains that must be removed or grouted to meet Broward County's road construction standards as well as provide the increased capacity required to provide adequate water Temp. Reso. #7772, March 26, 1997 2 and sewer services for the developing western areas of the City; and WHEREAS, there are also existing ductile and cast iron pipe (DIP and CIP) water mains and existing abandoned ACP water and sewer mains that are within the road widening construction area and are in conflict with the proposed drainage structures for the road widening project; and WHEREAS, the COUNTY has identified the costs for the removal, abandonment or construction of conflict structures for utilities located within the McNab Road construction area and has assigned prorated costs to the COUNTY, CITY and Bell South; and WHEREAS, the COUNTY would normally require the CITY to remove its abandoned utilities and relocate its active facilities that lie within the construction boundaries of the project in accordance with Broward County road construction standards and under the provisions of Florida Statutes 338.19 and 338.20; and WHEREAS, in lieu of requiring the CITY to remove and/or relocate CITY's utilities that interfere with the installation of the new roadway drainage facilities, the AGREEMENT between the CITY and COUNTY will allow the CITY the option to remove abandoned utilities, and construct conflict structures for active utilities that are to be left in their present locations; and WHEREAS, the COUNTY would give the CITY the option of using the COUNTY's Contractor or provide another contractor to resolve the conflicts that the CITY's utilities pose with the COUNTY's drainage located in the McNab Road construction area; and WHEREAS, funds are available for the costs of the resolution of the McNab Road utility conflicts from the appropriate Utilities Operating Account; and Temp. Reso. #7772, March 26, 1997 3 WHEREAS, it is the recommendation of the Director of Utilities that this AGREEMENT to resolve conflicts associated with the widening of McNab Road be approved, executed and funded; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute an agreement between Broward County and the City of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" a/k/a County Project 5117, forward it for execution by the appropriate officials of Broward County, and provide for the funding of the AGREEMENT in the amount of $91,350 with the transfer of funds from the appropriate Utilities Operating Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 5ECTION 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: That the appropriate City Officials are hereby authorized to accept and execute the agreement between Broward County and the City of Tamarac for "Funding the Resolution of Underground Utility Conflicts along McNab Road from University Drive to Pine Island Road" a/k/a COUNTY Project 5117 (attached hereto as "Exhibit 2"), and forward it for execution by the appropriate officials of Broward County. 1 1 Temp. Reso. #7772, March 26, 1997 4 SECTION 3: That the funding of the Agreement with a budget transfer in the amount of $91,350 from Utilities Operating Fund account entitled "Contingency" to Utilities Operating Fund account entitled "McNab Road Utility Conflicts" is hereby approved for correct accounting purposes. SECTION 4: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the City Code, and close the AGREEMENT including but not limited to making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the AGREEMENT. SECT(QN 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. .QECTION 6. 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 partitions or application of this Resolution. 1 1 1 SECTIO VIA 7 passage and adoption. 1997 Temp. Reso. #7772, March 26, 1997 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this P?(& day of /"C-14 JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as Utilitiesmb 7772Rr=S.WPD %A I T /1 1 1 V MIN RECORD OF COMMISSION VOTE MAYOR a DIST 1: oCjF DIST 2: ` DIST 3: � DIST 4: AGREEMENT Between ROWARD QQQNTY and CITY QF TAMARAC for FUNDING THE RESOLUTION OF U—NQERGROUND UTILITY CONFLICTS ALONMCNAB ROAD FROM UNIVERSEFY DRIVE TQ PINE I D R AD PR T N0, 5117 This is an Agreement, made -and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," .EED CITY OF TAMARAC, 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 plans to begin construction on McNab Road from University Drive to Pine Island Road, hereinafter referred to as the "Project"; and WHEREAS, COUNTY plans to solicit bids for the Project in accordance with COUNTY procedures; and WHEREAS, due to construction of the Project, COUNTY would normally require CITY to remove its abandoned underground utilities and relocate its active facilities within the above -described boundaries of the Project; and WHEREAS, in lieu of requiring CITY to remove and relocate its utilities, CITY and COUNTY have agreed that CITY may fund the removal of the a portion of the abandoned utilities and the plugging and grouting of the remaining portion of the abandoned utilities, and leave the active facilities in their present locations, as part of the Project; and WHEREAS, CITY has agreed to fund the cost for such installation, estimated to be in the amount of Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00); NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: 1. The COUNTY has engaged the COUNTY'S engineer for the Project to prepare plans which provide for the removal and disposal of CITY'S abandoned underground asbestos concrete pipe which interferes with roadway drainage, the plugging and grouting of the remaining asbestos concrete pipe which does not interfere with the roadway drainage, and the installation of appropriate conflict structures where active utilities left in place interfere with the roadway drainage, all as part of the proposed construction of the Project. Upon COUNTY and CITY approval of the plans and specifications for this work, COUNTY shall incorporate such plans and specifications into the COUNTY'S contract documents for the Project. 2. The COUNTY shall be responsible for advertising for bids, accepting bids, and awarding the contract for construction of the Project, pursuant to COUNTY procedures. COUNTY agrees to be responsible for all construction coordination with respect to the Project. 3. The COUNTY shall require that all contractor bids submitted for the Project contain a separate, severable unit bid item for the removal and disposal, or the plugging and grouting, of the abandoned asbestos concrete pipe; and for conflict structures for active utility facilities. The COUNTY shall furnish CITY with a copy of the overall low bid it receives for the Project including the bid item for the aforementioned services. In the event that low bidder's bid price for these services is not acceptable to CITY, COUNTY may delete these services from Project and proceed to award the contract. CITY shall then proceed on its own to remove its utilities in a timely manner so as not to cause delay of Project. ,1 4. Based on the information contained in the attached Exhibit "A," COUNTY and CITY estimate that the total cost for resolving the underground utility conflicts shall be Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00). Upon an award of the construction contract, CITY shall forward to COUNTY the amount of the unit bid prices for resolving the conflicts. In the event costs for resolving the conflicts are increased or decreased by change orders, approved by COUNTY and CITY, CITY shall remit immediately such increased amounts to COUNTY or be refunded the decreased amounts, based on the contract unit prices. 5. COUNTY shall include the following clause in its construction contract with the low bidder: CONTRACTOR shall indemnify, defend, and hold harmless CITY OF TAMARAC, its officers, agents, and employees from and against any claim, demand, or cause of action, including attorney's fees and costs, of any kind arising out of errors, acts, or omissions, including negligent acts or omissions, of CONTRACTOR, its agents, consultants, or employees relating to the removal and disposal, or the plugging and grouting, of the CITY's abandoned asbestos concrete pipe. 6. This Agreement embodies the entire agreement between the parties and incorporates all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 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 hereto. 7. Any dispute, claim, or objection arising under the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. IN WITNESS WHEREOF, the parties hereto 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 or Vice Chair, authorized to execute same by Board action on the day of , 19 , and CITY OF TAMARAC, signing by and through.its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the By Board of County Chair Commissioners of Broward County, Florida day of 1 g AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD, PROJECT NO. 5117 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-7641 As CITY ST: Robert S. Noe, Jr., City Manage Carol A. Evans, CMC, City Clerk BEH tamautil.a01 2/27/97 #93-268 0 -4- Robert E. Hoeynck Assistant County Attorney CITY OF TAMARAC ByJc-e-zelli� J Schreiber, Mayor 2 day of march , 19� 9 Robert S. Noe, Jr., City Mana r ,r day of , 19-9 PPIROVED AS VA ell S. rney P-M ^ T QlaDF TAMARAC QNLY Location N.Q. —Type -Q= P Bottom Conflict Structure 104+49 PIR S-113A P-7T $2,400 J Bottom Conflict Structure 101 +03 S-13A J-7T $3,400 108+29 S-1A J-7T $3,400 111+60 S-31A J-7T $3,400 113+39 S-34A J-7T $3,400 114+67 S-37A J-7T $3,400 116+40 S-40A J-7T $3,400 119+11 S-43A J-7T $3,400 143+51 S-70A J-7T $3,400 98+25 PIR S-104A J-7T $3,400 J Bottom Conflict Structure 101+03 S-15 J-7T $400 in place of Originally Designed J Bottom Structure J Bottom Conflict Structure 130+28 S-91 J-6 $1,000 in place of Originally Designed 131+71 S-88 J-5 $1,000 P Bottom Structure 133+13 S-85 J-5 $1,000 144+53 S-67 J-5 $1,000 145+72 S-64 J-5 $1,000 96+80 PIR S-101 J-5 $1,000 102+00 PIR S-116 J-6 $1,000 - 102+00 PIR S-114 J-6 $1,000 104+50 PIR S-112 J-5 $1,000 104+50 PIR S-111 J-5 $1,000 106+80 PIR S-108 J-5 $1,000 CITY OF TAMARAC AND BELLSOUTH J Bottom Conflict Structure 94+00 S-22A J-7T $1,700 ($3,400/2) 97+59 S-20A J-7T $1,700 ($3,400/2) 99+00 S-16A J-7T $1,700 ($3,400/2) 99+48 S-15A J-7T $1,700 ($3,400/2) 102+35 S-10B J-7T $1,700 ($3,400/2) 103+71 S-713 J-7T $1,700 ($3,400/2) Note: PIR = Pine Island Road 1 OF 2 EXHIBIT A •Cl K 917 TAMARAC AND B LS UT con J Bottom Conflict Structure Location 92+00 in place of Originally Designed 106+42 P Bottom Structure 110+00 110+00 120+25 121+70 123+20 124+70 127+72 128+85 136+40 138+05 147+30 J Bottom Conflict Structure 99+37 in place of Originally Designed J Bottom Structure Oversized J Bottom Conflict 125+50 Structure Ty= S-25A J-6 S-4 J-5 S-28 J-6 S-29 J-6 S-46 J-5 S-49 J-5 S-52 J-5 S-55 J-5 S-97 J-5 S-94 J-5 S-82 J-5 S-79 J-5 S-61 J-5 S-118 J-7T .Q-= $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1, 000/2) $200 ($400/2) S-58A J-7T $4,500 ($9,000/2) CITY OF TAM RAC ELLS UTH AND BROWARD COUNTY Oversized J Bottom Conflict 125+99 S-59 J-7T $3,000 ($9,000/3) Structure Estimated Cost of Structures for City of Tamarac....... Estimated Cost of 6" AC Pipe Removal (20 LF)...... Estimated Cost of 12" AC Pipe Removal (760 LF)..... Estimated Cost of Concrete Pipe Grout (47 CY)...... Total Estimated Cost for City of Tamarac...... 2of2 $68,800 $300 $15,200 $7,050 9 35 TATRANS\93-1567\LETTER\ 1567-053. 00 C 0 Exhibit 1 :MPLIADON: I. Standard P Bottom conflict structure ............. .... $2,400.00 2. Standard J Bottom conflict structure ............ ........... S3,400.00 �. Oversized J Bottom conflict structure ........ ...... S9,000.00 4. Additional cost of substituting a J Bottom conflict structure for an originally -designed P Bottom structure ............. . ..... S 1,000.00 5. Additional cost of converting a P or J Bottom structure to a conflict structure .... _ .... S 400.00 6. Removal of 6" AC pipe, per lineal foot $ 15.00 7. Removal of 12" AC pipe, per lineal foot .... _ .... S 20.00 S. Pipe grout, per cubic yard ......... $150.00 C!>1,'LZIamara&: Additional costs incurred for Tamarac utility conflicts are as follows: • 1 1 (eleven) P Bottom conflict structures @. $2,400.00.ea. ............ $26,400.00 • Add'1 cost of using I (one) P Bottom conflict structures in place of the originally -designed P Bottom structure @ $400,00 ea ........... $ 400.00 • Add'1 cost of using t I (eleven) J Bottom conflict structures in place of originally -designed P Bottom Structures w $1,000.00 ea ........ . .. . .. $11,000.00 • Add'l cost of converting i (one) J Bottom structure to a conflict structure (additional cost to be shared with BellSouth) @ $400.00/2 .... _ .. _ _ ... $ 200.00 r • 6 (six) J Bottom conflict structures (cost to be shared with BellSouth) cgi $3,400.00/2 ea ........................ ... S 10,200.00 • Add'l cost of using 12 (twelve) J Bottom conflict structures in place of originally -designed P Bottom structures (add'I cost to be shared with BellSouth) �7u $1,000.00/2 ea .......... ... $ 6,000.00 • Cost of l (one) oversized J Bottom conflict structure (cost to be shared with BellSouth) a $9,000.00/2 ea ................ .... $ 4,500.00 • Cost of 1 (one) oversized J Bottom conflict structure (cost to be shared with Broward County &BellSouth) @ $9,000.00/3 ea ................ $ 3,000.00 • 20 LF of 6" AC pipe removal .................. ............... .. S 300.00 • 760 LF of 12" AC pipe removal ............. ............. ....... $ 15,200,00 • 47 CY of concrete pipe grout ....... 7 OS .00 Total for City of Tamarac ................... $ 84,250.00 0 C biIIwpkiI17,:.xhI-lam TEMP . ' RESO # 7772 EXHIBIT I �rT� F F F �✓ E � Q A\/ ..s\lY � � E E f f \\ F F \ �VJ am,\e\ .c\\\\\ a C1 � • d� 90- F \\\\\\\\\\ f m #n� JS ; ; r30 ti WESTCHESTER E n= , ti a A s zo ., \\� F m a :�z '\\: y F a0 ra, ri n f E f f E E y Z \\ \' r E f F f f E E PINE ISLAND ��d,,yN�°--MCORAL --- ----�% p r- a GABLES 9�\\\'d F E F F E c C r FED/SV E E Vl a OO C,P t/1 En\\\\\�\\\\\\\\�C\\\E F E r f E E E E D F C SH dF ES 1 dyOc"c<` f ✓' \\\`\\\, \, \\ \�\\\� F F N.y F f r F E 3>-n f' TAMARAC f f E 1 E E T�St MIDGAL DA V TD Fi 1✓qr \ i0 CORlpdoOA N E F F F `.\ c E F F F G�'1 y f Cal f E Z \. E f F F F E r r r F F f N 84 r E F E E \\\\\\\\ 'jrL AV ter` COLONY f f F d0 /° Z< EZ E CENTER o f G, N A\ 63 0 E r E f ps p d < ry: F I-- E F +/� � E nr E COLONY F r A C~ •\4 VP 9 � ! o SPRINGS ac y 1� 077 F Z r m r�� z F� E BLDG. m a F Ulc F �:;n E F C �\ F 1•�+1 O STATE 4 E F FARM A ��GdE F f �\ \\\\\\� cn f E y 1 TT��1 E< n.L v1 1�1 TAR lf1 KEYES ^•�• 1 F E \� �� py Q b N INSUR. All \Y E F �\ r) y "„ ; I a F F Tay 6\ F E yi E LEVITY & �i\\\ EINSTE \\ v r n UNNILA z4 �d ��I J <F F F Z BANK �� t� � O✓2✓ E` l � s° f lltl��l i o m1 N i \ I✓Ay ` - 79 AV /P7 a o o 3C. �� , �lllllll� 411 r z ` ri a v, o v/% 80 AV z Ytoo r//1 n�1 I Q� E r -oo ta7 %/) E E yC p n AN/ n yp , ty 79 1 \\V�_•�.. Fi > y o S r r L 78j TER p i w � h/4" ��> H 2 • 1 y UI q j �F(j A r •.` f F F -Ir z F E f % r D Z zz 78 AV m C o z 2/•' E f E ����//%/ F BIG MAX 9 E E E E F F az M ;Z 1 fT 4 \ \. romp C"1 J dC 1 a�\\\\ CONCORD VILLAGE zC er- yZ ' UNIVERSITY DR_ _ _—_ —— — --- --~ — �,--- a �;� �, _ a�f Z n -oUNIVERSITY DR r° a A r n r�i >�� 0 o y 0 CASTRU ° vl e� A �r m r m ct+ a -v m �1C mm x y A mp m a n ra z © m 1 z Na 1D. D. z McNAB UTILITY CONFLICTS, MCNABUTI,DWG BROWARD COUNTY AGREEMENT McNAB ROAD FROM UNIVERSITY DRIVE TO 89th AVE. Temp. Reso #7772 CITY OF TAMARAC INTEROFFICE MEMORANDUM 2/12/97-1 UTILITIES DEPARTMENT TO: City Manager DATE: March 3, 1997 FROM: Director of Utilities RE: Broward County and City of Tamarac Agreement for Utility Conflicts on McNab Road Recommendation: A resolution by the City Commission to authorize the appropriate City Officials to execute an Agreement between Broward County and the City of Tamarac for funding required to provide construction methods to resolve conflicts between existing and abandoned water and wastewater utilities and the construction associated with the widening of McNab Road for an estimated amount of $91,350 in accordance with the provisions of Florida Statutes 338.19 and 338.20 and approve funding from the appropriate Utilities Operating Account. Issue: In accordance with F.S. 338.19 and 338.20, utility owners are required to remove or relocate any utility that may interfere with the improvement of a public road. There are active and abandoned water and sewer utilities in McNab Road that will be in conflict with the Broward County McNab Road widening project. B-ackgrpund: On May 19, 1994; Broward County notified the City that funding was approved to widen MdNab Road between University Drive and 89 Avenue. The County requires the removal or relocation of existing or abandoned water and sewer lines located in the right-of-way that interferes with the construction of road projects as provided by the provisions of Florida Statutes 338.19 and 338.20. On January 25, 1995, the City Commission authorized $52,300 from Account No. 432- 363-533-6HK for Williams, Hatfield and Stoner to proceed in the design and upgrade of the existing 12" ACP water line to a 24" DIP line from Pine Island to Nob Hill. The upgrade in size provides for future development of the western section of Tamarac. City Commission appropriated $800,000 in the FY97 for the construction phase of the project. On September 11, 1996, the City Commission authorized $30,286 from Account No. 425-888-533-6RK for Montgomery Watson to provide bidding and construction administration for this project. On November 24, 1996 and December 1, 1996, advertisements were placed for bids which were opened on January 9, 1997. On February 26, 1997, the City Commission awarded the contract to Man -Con at a cost of $698,401. Page 2 City Manager March 3, 1997 LI On January 22, 1997, we received a letter from Broward County Engineering requesting Tamarac to execute an agreement to pay for the cost of resolving water and sewer conflicts in accordance with a revised estimated cost report by the County's Engineering Consultant. Based on this report and the requirements of Florida Statutes 338.19 and 338.20, William Fowler, Project Manager for Broward County Engineering Division, has advised the City to remove the water and sewer conflicts. In an effort to expedite and not create a financial burden to the City, Broward County Engineering has prepared an agreement to share the cost with the County and other utilities for the "conflict structures" that will allow the City's ductile iron pipe (DIP) and cast iron pipe (CIP) lines to remain in place. Certain sections of abandoned asbestos cement pipe (ACP) lines will be removed as a more economical method than "conflict structures." The agreement will allow the City the option of utilizing the County's contractor or providing other means of resolving the conflicts. Upon receipt of the proposed Agreement, Antoine Rabbat and Kline Jones met with William Fowler and Darwin Townsend, Assistant Director of Broward County Engineering Division, to review the proposed "Agreement," costs and plans in detail. The final "Agreement" was revised and resubmitted as "Exhibit 2" of Temp. Reso #7772. The Director of Utilities recommends the execution of this Agreement between Broward County and the City of Tamarac and the approval of the funding required to provide construction methods to resolve conflicts associated with the widening of McNab Road. VEH:RKJ:nb 7772mem. wpd 6 1 L • �J I* TEMP , RESO # 7772 EXHIBIT I M; D W\ o A � and ,\y. ti WESTCHESTER \ k E o= -A � A � a� S A z j F a Ll C3>7 A EEEf EFEEEFfF F F PINE�0 ISLAND �J d .�.Ro--•m \ r CORAL �G �on v f--- ----�! f E E k r- o GABLES FED/SV I4, (n [ q, O Nm E \\\\\.\ E E F f r O $HOPPES i V fF f E E f FE E U1� r � TAMARAC ! J a k \\ F E F F N E f E F CGNG. :"� \' F F RKWggp Yt~R 9 E MIAGAL abiy0 f cd/i F f j F f �T-y AAVID ° �T CgRK\4130D N E E �\ F 7 Q F E E E tv a F E Cfa F E F k E L E E F F F E \ F k E E E F F E E E E f V) E 84 E Ea kAV � COLONY E E R \\\\\ E F E E E f EdF C. P <( fb. k� CENTER ro f f C� N F\ 83 0 ps t� -, oo <� \ �RvE f F� f k 4 F f� F SP �/��' V F n- F COLONY E F '^q �f \ N 01 a o C// SPRINGS h✓q f E �f1 y�\-� ►"� C"I �f E "�] ("•1 `�a f �_ F BLDG. "\��^ F F T STATE FARM �D'L f k f E E F f . 0 E \\ \\\\ \\\ E r J aE %� E E E_,•,�.�. F fY F KEYES INSUR. E F iE E�\,{ \y LEVITT &�`\\\. 741Vb E E aE E EINSTE \\d� E �� o� 80 AV VID UNNILA mz'; \ \ � �Fj 4 F 9 BANK v1 ro r' A l l l t t t/ C a rid VAY Q — 79 AV z z . tlllllllllltlaii ❑ ~ 80 AV \\\\��t a I p/j; y ^� F F n a f E m a 78 TER � o r° w �q�\\ � E E Cf .y UI \ E f k F E f 78 A, Ali D z Zz - o bd 78 A V o Z m T F E \ �L1j/ f BIG v MAX F F F E F E > CONCORD VILLAGE nc) d� yz \��\�\ ___ __ UNIVERSITY DR_ _ _�_� _ __ I — - - � —� a ��—� m V > z n N�UNIVERSITY DR o 00 r- � y d CASTiO x-a A 0 � A � te-0m rqm A x f 2 n rn N r n -3 m z r r �Z Na Z -4 m a ee McNAB UTILITY CONFLICTS, MCNABUTI,DWG BROWARD COUNTY AGREEMENT McNAB ROAD FROM UNIVERSITY DRIVE TO 89th AVE. R•qI -Vig. • 0 AGREEMENT Between BROWARD COUNTY and CITY MARA for FUNDING THE.RESOLUTIQN OF -UNDERGROUND UTILITY CQb FLICTS A_ Ol, _ G NAB RQAD FROM LJN VERSITY DRIVE TO PINE IaLAND ROAD PROJECT N_Q, 5117 AGREEMENT Between BROWARD„QQUNTY and CITY OF TAMARAC for FUNDING E RE ION OE UNDERGROUND UTILITY MNFLICTSIALONG MCNAB ROAD FROM UNIVERSITY,QRIVE TO, PINE ISLAND ROAD. PRQJECT NO, ,5117 This is an Agreement, made , and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," 0 AND CITY OF TAMARAC, 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 plans to begin construction on McNab Road from University Drive to Pine Island Road, hereinafter referred to as the "Project"; and WHEREAS, COUNTY plans to solicit bids for the Project in accordance with COUNTY procedures; and WHEREAS, due to construction of the Project, COUNTY would normally require CITY to remove its abandoned underground utilities and relocate its active facilities within the above -described boundaries of the Project; and WHEREAS, in lieu of requiring CITY to remove and relocate its utilities, CITY and COUNTY have agreed that CITY may fund the removal of the a portion of the abandoned utilities and the plugging and grouting of the remaining portion of the abandoned utilities, and leave the active facilities in their present locations, as part of the Project; and WHEREAS, CITY has agreed to fund the cost for such installation, estimated to be is in the amount of Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00); NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: 1. The COUNTY has engaged the COUNTY'S engineer for the Project to prepare plans which provide for the removal and disposal of CITY'S abandoned underground asbestos concrete pipe which interferes with roadway drainage, the plugging and grouting of the remaining asbestos concrete pipe which does not interfere with the roadway drainage, and the installation of appropriate conflict structures where active utilities left in place interfere with the roadway drainage, all as part of the proposed construction of the Project. Upon COUNTY and CITY approval of the plans and specifications for this work, COUNTY shall incorporate such plans and specifications into the COUNTY'S contract documents for the Project. 2. The COUNTY shall be responsible for advertising for bids, accepting bids, and awarding the contract for construction of the Project, pursuant to COUNTY procedures. COUNTY agrees to be responsible for all construction coordination with respect to the Project. 3. The COUNTY shall require that all contractor bids submitted for the Project contain a separate, severable unit bid item for the removal and disposal, or the plugging and grouting, of the abandoned asbestos concrete pipe, and for conflict structures for active utility facilities. The COUNTY shall furnish CITY with a copy of the overall low bid it receives for the Project including the bid item for the aforementioned services. In the event that low bidder's bid price for these services is not acceptable to CITY, COUNTY may delete these services from Project and proceed to award the contract. CITY shall then proceed on its own to remove its utilities in a timely manner so as not to cause delay of Project. 4. Based on the information contained in the attached Exhibit "A," COUNTY and CITY estimate that the total cost for resolving the underground utility conflicts shall be Ninety-one Thousand Three Hundred Fifty Dollars ($91,350.00). Upon an award of the construction contract, CITY shall forward to COUNTY the amount of the unit bid prices for resolving the conflicts. In the event costs for resolving the conflicts are increased or decreased by change orders, approved by COUNTY and CITY, CITY shall remit immediately such increased amounts to COUNTY or be refunded the decreased amounts, based on the contract unit prices. 5. COUNTY shall include the following clause in its construction contract with the low bidder: CONTRACTOR shall indemnify, defend, and hold harmless CITY OF TAMARAC, its officers, agents, and employees from and against any claim, demand, or cause of action, including attorney's fees and costs, of any kind arising out of errors, acts, or omissions, including negligent acts or omissions, of CONTRACTOR, its agents, consultants, or employees relating to the removal and disposal, or the plugging and grouting, of the CITY's abandoned asbestos concrete pipe. 6. This Agreement embodies the entire agreement between the parties and incorporates all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 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 hereto. 7. Any dispute, claim, or objection arising under the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida_ IN WITNESS WHEREOF, the parties hereto 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 or Vice Chair, authorized to execute same by Board action on the day of 19 , and CITY OF TAMARAC, signing by and through itsMa�rLSity Man, duly authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida �601i= BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS day of Chair 19 iAGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR FUNDING THE RESOLUTION OF UNDERGROUND UTILITY CONFLICTS ALONG MCNAB ROAD FROM UNIVERSITY DRIVE TO PINE ISLAND ROAD, PROJECT NO. 5117 ST: Robert S. Nae, Jr., City Manag Carol A. Evans, CMC, City Clerk BEH tamautil.a01 2/27/97 #93-268 �J Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 LIM CITY -4- Robert E. Hoeynck Assistant County Attorney CITY OF TAMARAC By . J Schreiber, Mayor 26 day of , 19__2? . c-. a� Robert S. Noe, Jr., City Manag day of ■ ►-M-MIXT;MA itchell S. Kraff, Cify/i Atorney CITY OF TAMARAC ONLY l;ocatisZ, N.-Q. -TY-PA Sit P Bottom Conflict Structure 104+49 PIR 5-113A P-7T $2,400 J Bottom Conflict Structure 101+03 S-13A J-7T $3,400 108+29 S-1A J-7T $3,400 111 +60 S-31 A J-7T $3,400 113+39 S-34A J-7T $3,400 114+67 S-37A J-7T $3,400 116+40 S-40A J-7T $3,400 119+11 S-43A J-7T $3,400 143+51 S-70A J-7T $3,400 98+25 PIR S-104A J-7T $3,400 J Bottom Conflict Structure 101+03 S-15 J-7T $4Q0 in place of Originally Designed J Bottom Structure J Bottom Conflict Structure 130+28 S-91 J-6 $1,000 in place of Originally Designed 131+71 S-88 J-5 $1,000 P Bottom Structure 133+13 S-85 J-5 $1,000 144+53 S-67 J-5 $1,000 145+72 S-64 J-5 $1,000 96+80 PIR S-101 J-5 $1,000 102+00 PIR 5-116 J-6 $1,000 - 102+00 PIR S-114 J-6 $1,000 104+50 PIR S-112 J-5 $1,000 104+50 PIR S-111 J-5 $1,000 V 106+80 PIR S-108 J-5 $1,000 QIIY OF T A A J Bottom Conflict Structure 94+00 S-22A J-7T $1,700 ($3,400/2) 97+59 S-20A J-7T $1,700 ($3,400/2) 99+00 S-16A J-7T $1,700 ($3,400/2) 99+48 S-15A J-7T $1,700 ($3,400/2) 102+35 S-1013 J-7T $1,700 ($3,400/2) 103+71 S-713 J-7T $1,700 ($3,400/2) Note: PIR = Pine Island Road 1 OF 2 EXHIBIT AND BELLSQUIH (cont.) J Bottom Conflict Structure Ucafion 92+00 in place of Originally Designed 106+42 P Bottom Structure 110+00 110+00 120+25 121+70 123+20 124+70 127+72 128+85 136+40 138+05 147+30 J Bottom Conflict Structure 99+37 in place of Originally Designed J Bottom Structure NQ, Tv�e S-25A J-6 S-4 J-5 S-28 J-6 S-29 J-6 S-46 J-5 S-49 J-5 S-52 J-5 S-55 J-5 S-97 J-5 S-94 J-5 S-82 J-5 S-79 J-5 S-61 J-5 S-118 J-7T C= $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $500 ($1,000/2) $200 ($400/2) •Oversized J Bottom Conflict 125+50 S-58A J-7T $4,500 ($9,000/2) Structure CITY OF TAMA TH AND BROWARQ COUNTY Oversized J Bottom Conflict 125+99 S-59 J-7T $3,000 ($9,000/3) Structure Estimated Cost of Structures for City of Tamarac....... Estimated Cost of 6" AC Pipe Removal (20 LF)...... Estimated Cost of 12" AC Pipe Removal (760 LF)...... Estimated Cost of Concrete Pipe Grout (47 CY)...... Total Estimated Cost for City of Tamarac...... 0 2of2 $68,800 $300 $15,200 $7,050 $M.350 T: \TRANS\93-1567\LETTER\1567-053.00C 11 rI a Exhibit 1 T Y, L Standard P Bottom conflict structure ......... ............... $2,400.00 2. Standard J Bottom conflict structure ............. ..... $3,400.00 3. Oversized J Bottom conflict structure ......................... $9,000.00 4. Additional cost of substituting a J Bottom conflict structure for an originally -designed P Bottom structure ................... 51,000.00 5. Additional cost of converting a P or J Bottom structure to a conflict structure .................................... . S 400.00 6. Removal of 6" AC pipe, per lineal foot S 15.00 7. Removal of 12" AC pipe, per lineal foot ........................ S 20.00 8. Pipe grout, per cubic vard................................... $150.00 City Qf Lim ac: Additional casts incurred for Tamarac Utility conflicts are as follows: • 11 (eleven) P Bottom conflict structures @ $2,400.00.ea. ............. • Add'l cost of using 1 (one) P Bottom conflict structures in place of the originally -designed P Bottom structure @ $400.00 ea .......... . • Add'1 cost of using I 1 (eleven) J Bottom conflict structures in place of originally -designed P Bottom Structures @ $1,000.00 ea .............. • Add'l cost of converting I (one) J Bottom structure to a conflict structure (additional cost to be shared with BellSouth) a $400.00/2 ....... . • 6 (six) J Bottom conflict structures (cost to be shared with BellSouth) @u$3,400.00i2ea............................................ • Add'1 cost of using 12 (twelve) J Bottom conflict structures in place of originally -designed P Bottom structures (add'I cost to be shared with BellSouth) @ $1,000.00/2 ea .................................. . • Cost of I (one) oversized J Bottom conflict structure (cost to be shared with BellSouth) 4 $9,000.00/2 ea .............................. . • Cost of 1 (one) oversized J Bottom conflict structure (cost to be shared with Broward County &BellSouth) a �9,000.00/3 ea ................ • 20 LF of 6" AC pipe removal .................................. . • 760 LF of 12" AC pipe removal ................................. • 47 CY of concrete pipe grout .... 1.. Total for City of Tamarac ......... . $26,400, 00 $ 400.00 S 11,000.00 $ 200.00 S 10,200.00 $ 6,000.00 $ 4,500.00 S 3,000.00 S 300.00 $ 13,200,00 7 0- .0 $ 84,250.00 C:'hillwp,5117,:, h1.wm Temp. Reso #7772 CITY OF TAMARAC INTEROFFICE MEMORANDUM 2/12/97-1 UTILITIES DEPARTMENT TO: City Manager DATE: March 3, 1997 FROM: Director of Utilities RE: Broward County and City of Tamarac Agreement for Utility Conflicts on McNab Road •- A resolution by the City Commission to authorize the appropriate City Officials to execute an Agreement between Broward County and the City of Tamarac for funding required to provide construction methods to resolve conflicts between existing and abandoned water and wastewater utilities and the construction associated with the widening of McNab Road for an estimated amount of $91,350 in accordance with the provisions of Florida Statutes 338.19 and 338.20 and approve funding from the appropriate Utilities Operating Account. In accordance with F.S. 338.19 and 338.20, utility owners are required to remove or relocate any utility that may interfere with the improvement of a public road. There are active and abandoned water and sewer utilities in McNab Road that will be in conflict with the Broward County McNab Road widening project. On May 19, 1994, Broward County notified the City that funding was approved to widen McNab Road between University Drive and 89 Avenue. The County requires the removal or relocation of existing or abandoned water and sewer lines located in the right-of-way that interferes with the construction of road projects as provided by the provisions of Florida Statutes 338.19 and 338.20. On January 25, 1995, the City Commission authorized $52,300 from Account No. 432- 363-533-6HK for Williams, Hatfield and Stoner to proceed in the design and upgrade of the existing 12" ACP water line to a 24" DIP line from Pine Island to Nob Hill. The upgrade in size provides for future development of the western section of Tamarac. City Commission appropriated $800,000 in the FY97 for the construction phase of the Project. On September 11, 1996, the City Commission authorized $30,286 from Account No. 425-888-533-6RK for Montgomery Watson to provide bidding and construction administration for this project. On November 24, 1996 and December 1, 1996, advertisements were placed for bids which were opened on January 9, 1997. On February 26, 1997, the City Commission awarded the contract to Man -Con at a cost of $698,401. Page 2 , City Manager March 3, 1997 • On January 22, 1997, we received a letter from Broward County Engineering requesting Tamarac to execute an agreement to pay for the cost of resolving water and sewer conflicts in accordance with a revised estimated cost report by the County's Engineering Consultant. Based on this report and the requirements of Florida Statutes 338.19 and 338.20, William Fowler, Project Manager for Broward County Engineering Division, has advised the City to remove the water and sewer conflicts. In an effort to expedite and not create a financial burden to the City, Broward County Engineering has prepared an agreement to share the cost with the County and other utilities for the "conflict structures" that will allow the City's ductile iron pipe (DIP) and cast iron pipe (CIP) lines to remain in place. Certain sections of abandoned asbestos cement pipe (ACP) lines will be removed as a more economical method than "conflict structures." The agreement will allow the City the option of utilizing the County's contractor or providing other means of resolving the conflicts. Upon receipt of the proposed Agreement, Antoine Rabbat and Kline Jones met with William Fowler and Darwin Townsend, Assistant Director of Broward County Engineering Division, to review the proposed "Agreement," costs and plans in detail. The final "Agreement" was revised and resubmitted as "Exhibit 2" of Temp. Reso #7772. The Director of Utilities recommends the execution of this Agreement between Broward County and the City of Tamarac and the approval of the funding required to provide construction methods to resolve conflicts associated with the widening of McNab Road. VEH:RKJ:nb 7772mem.wpd 0 Vernon E. Hargray