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HomeMy WebLinkAboutR-1979-334 RESOLUTION N0. 334 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENTS FOR ROAD CONSTRUCTION, TRAFFIC WAYS ILLUMINATION, AND TRAFFIC WAYS BEAUTIFICATION FOR COUNTY ROAD BOND PROJECT NO. 4124 (STERLING ROAD) ;AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREE- MENTS ; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commission of the City of Dania hereby accepts and agrees to the terms , conditions and covenants set forth in those certain agreements between Broward County and the City of Dania for road construction , traffic ways illumination, and traffic ways beautification covering the county Road Bond Pro- ject No. 4124 (Sterling Road) , a copy of which is incorporated here- in by reference and attached hereto as "Exhibit A" , and does hereby authorize the execution of said agreements by the appropriate City Officials . , Section 2 . That the City Clerk is hereby directed to furnish a copy of this resolution to Broward County, Florida. Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED on thisllthday of September , 1979 . MA70R-COMMISSIONER ATTEST: CITY CLERK' - AUDITOR APPROVED FOR FORM AND CORRECTIVENESS: FRANK C. ADLER, City Attorney City of Dania, Florida J 1 AGREEMENT FOR ROAD CONSTRUCTION PROJECT Between BROWARD COUNTY and x y�Z AGREEMENT FOR ROAD CONSTRUCTION PROJECT Between BROWARD COUNTY and Dien//A This Agreement made and entered into by and between Broward County, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY"), and G /7--• y o,= 0,4,.L11A municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "MUNICIPALITY"). WITNESSETH: WHEREAS, the voters of Broward County approved the General Obligation Bond Issue on September 12, 1978, for the purposes of roads; and w-<� WHEREAS, COUNTY shall use such funds for the purpose of financ- ing certain road construction and improvements in the COUNTY; and WHEREAS, the construction and improvement of Road Bond Project Number •1{jz 577�L/ ,ep referred to as the "PROJECT") (hereinafter and , shall be financed from said Bond proceeds; WHEREAS, COUNTY desires to rescind all existing agreements with MUNICIPALITIES for road construction projects, thereby discharging said MUNICIPALITIES' obligation for payment of their portion of the actual cost of the PROJECT; and WHEREAS, COUNTY desires to enter into this Agreement with those MUNICIPALITIES as a replacement for said prior Agreement, or as a new Agreement with those MUNICIPALITIES who had no prior Agreement with COUNTY; and WHEREAS, the PROJECT will be in the general public interest and of substantial benefit to the residents of the COUNTY and MUNICIPALITY; NOW, THEREFORE, in consideration of the mutual terms, condi- tions, promises, covenants and payment hereinafter set forth, the COUNTY and MUNICIPALITY agree as follows: x 1 . If MUNICIPALITY has entered into a written agreement with COUNTY for construction of the PROJECT, such agreement is hereby rescinded and each party is relieved of any and all obligations under said Agreement as provided for in Paragraph 1(a) of this Agreement. The contract re- ferred to herein is that certain contract dated � , executed by and between and the COUNTY providing for joint participation in the construction and funding of the PROJECT. (a) MUNICIPALITY and COUNTY hereby agree to release the other of them from any and all snrns of money, accounts, actions, suits, proceedings, claims and demands of whi,tsoever• kind or description which either party has, had or may have against the other for or by reason of or in respect of any act, cause, matter, or thing aris- ing out of or existing in connection with the execution of said contract. 2. COUNTY shall perform the following: (a) Payment of construction costs of the PROJECT. (b) Payment of the costs incurred after November 1, 1976, of acquiring by purchase or eminent domain any real property interest, whether fee title, permanent or temporary easement, or any license to enter upon real property, necessary to obtain right-of-way for road and drainage purposes, and for ingress and egress across real property to the site of the PROJECT. Costs of acquiring right-of-way neces- sary for the PROJECT incurred prior to November 1, 1976, shall not be included in the cost of the PROJECT; however, any neces- sary right-of-way obtained by MUNICIPALITY prior to November 1 , 1976, shall be transferred by the MUNICIPALITY to COUNTY with- out cost or charge to COUNTY prior to work on the PROJECT being commenced. (c) Supervision and control of the PROJECT. (d) Sodium Vapor street light design, installation and maintenance. If any other street light design is requested by MUNICIPALITY then the cost, design, installation and maintenance shall be the sole responsibility of said MUNICIPALITY. 3. MUNICIPALITY shall have the duty and obligation to: Notify COUNTY promptly when MUNICIPALITY, "its agents, contractors, or employees, receives notice, or has or should have either actual or constructive knowledge, of any and all defects, imperfections, malfunc- tions, or failings of the sodium vapor lighting system. -2- 4. Unless otherwise agreed to in writing by COUNTY and MUNICIPALITY prior to the completion of the PROJECT, as said completion is determined by COUNTY, the responsibility for maintenance of the improved paved roadway of the completed PROJECT or portion thereof shall be in the agency having jurisdiction, in accordance with the functional classifica- tion plan for roads. Responsibility for landscape and irrigation mainte- nance, including electric energy charges for irrigation pumps, and pay- ment of utilities for electric energy charges for street lights of the completed PROJECT or portion thereof shall be borne by MUNICIPALITY. Street light maintenance, if sodium vapor design, shall be the responsi- bility of the COUNTY, but MUNICIPALITY accepts the duty and obliga- tion to notify COUNTY pramptly when MUNICIPALITY, its agents, con- tractors, or employees, receives notice, or has or should have either actual or constructive knowledge, of any and all defects, imperfections, malfunctions, or failings of the sodium vapor lighting system. If any other type of design is requested by MUNICIPALITY, same shall be the MUNICIPALITY'S responsibility. However, responsibility for cost, in- stallation and maintenance of traffic engineering relating to the completed PROJECT, including, but not limited to, traffic-signing, signalization, and pavement marking, shall be borne by COUNTY and at COUNTY expense, only if MUNICIPALITY has entered into a Traffic Engineering k Agreement with COUNTY. If MUNICIPALITY has not executed a valid Traffic Engineering Agreement with COUNTY, then COUNTY shall assume w- the cost, installation and maintenance of the above traffic engineering services based on the actual cost of said services to COUNTY, . which cost MUNICIPALITY agrees to pay within sixty (60) days from receiving an invoice from COUNTY. MUNICIPALITY shall have the duty and obligation to notify COUNTY promptly when MUNICIPALITY, its agents, contractors or employees, receives notice, or has or should have either actual or constructive knowledge, of any and all defects, malfunctions, failings or imperfections in the installation or operation of traffic regula- tion equipment, signs, or signals encompassed under this Agreement in need of repair, replacement,, or maintenance. Responsibility for electric energy charges for traffic engineering functions shall be borne by COUNTY if MUNICIPALITY has executed a valid Traffic Engineering Agreement with COUNTY; otherwise responsibility for electric energy charges for traffic engineering functions shall be borne by MUNICI- PALITY. 5. To the extent allowed by law, MUNICIPALITY agrees to defend and indemnify and save COUNTY harmless from and against any and all claims, suits, actions, damages and causes of action arising under or by reason of this Agreement, and caused by any act, error, omission or neglect of MUNICIPALITY, with regard to those functions and duties specified above, or any other function _or duty to be performed by MUNICIPALITY under this Agreement, or any other covenant to.be per- formed and kept by MUNICIPALITY, relating to bodily injury, loss of life, or damage to property sustained during or arising out of the PROJECT, and shall further indemnify and save COUNTY harmless from -3- 7 _ _ and against any and all costs, counsel fees, expenses and liabilities in- curred in and about any such claim, the investigation thereof, or the defense of any action or proceeding brought thereon, and from and against any orders, judgments or decrees which may be entered therein, and shall, at MUNICIPALITY'S sole cost and expense, further specifically defend COUNTY in any action brought against COUNTY because of any act, error, neglect or omission of MUNICIPALITY. 6. This document incorporates and includes all prior negotiations, corres- pondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or und,:rstanclings concerning the subject matter of this Agreement that are not: contained in this docurent. Accordingly it is agreed that no deviation front 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 sarne formality and of equal dignity herewith. �. 7. This Agreement shall continue in effect and be binding on the COUNTY and MUNICIPALITY until the PROJECT is completed; provided, however, that responsibility for maintenance shall continue as provided in Para- graph 4 of this Agreement. 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 Chairman, authorized to execute same by Board action on the day of 19 and _ I M. signing by and through iiuly authorized to execute same. COUNTY - ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of By CountyCommissioners of GERALD F. THOMPSON, Chairman Broward County, Florida day of 19_- V -4- M sfzti _. I" F7, 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 By Assistant General Counsel MUNICIPALITY ATTEST: C. ) `I o q �PrrJi � By J l-I E 5 r D )-tt S, rn T)-�-o IZ day of ��5�--' 19� ~. VEF:sc AGR023-B 5/22/79 •78-762-A -5- M J i A G R E E M E N T FOR TRAFFICWAYS ILLUMINATION Between BROWARD COUNTY AND 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), and G �Ty of oq,v/A municipal corporation located in Broward County, Florida, and or— ga d and existing under the laws of the State of Florida (hereinafter referred to as the MUNICIPALITY); W I T N E 5 S E T H: WHEREAS, 57_IAe_ /.tJ6= .Cp,go FCa�y z , 96^' �•' To &.S i (is) (are) public trafficway(s) (hereinafter referred to as the "trafficway s)") located within the municipal boundaries of the MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of the COUNTY and MUNICIPALITY to illuminate the trafficway(s) by installation and mainte- nance of lighting systems; and WHEREAS, the MUNICIPALITY by resolution of its governing body adopted on the day of 19_ has approved joint illumi- nation of the trafficway(s) with the COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of the MUNICIPALITY to execute this Agreement; and WHEREAS, the COUNTY by action of its Board of County Commis- sioners on the day of 19 hs the joint illumination of the trafficway(s) with the MUNICIPALITYsand hasvautho- rized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, CONSIDER TION the mutual terms, ons, promises,* cov- enants andNPaymentt herenaafter f set forth, the COUNTY Iand MUNICIPALITY agree as follows: I . The COUNNTY and MUNICIPALITY shall participate in the illumination of the trafficway(s) in the manner set forth in this Agreement. GCF#119-1 Rev 2/26/79 i I , i 2. The COUNTY shall perform the following: (a) Prepare or. Cause to be prepared sodium vapor design plans and specifications for the illumination of the trafficway(s). Such plans and specifications shall be reviewed and approved by the Director of the COUNTY'S Department of Transportation (hereinafter re- ferred to as the "Director") and shall substantially conform to the Standard Specifications for Highway Lighting established by the Florida Department of Transportation. (b) In accordance with the approved design plans and specifications, install a lighting system along the trafficways. The lighting system so installed shall remain the property of the COUNTY after instal- lation and shall not be moved or relocated without the express written consent of the Director. (c) Maintain the lighting system along the trafficway(s) in accordance with the approved design plans and specifications and in substantial conformance with the Standard Specifications for Highway Lighting adopted by the Florida Department of Transportation. As part of such maintenance responsibility, the COUNTY shall keep in good repair and replace defective or wornout lighting system parts and <i equipment. 3. The MUNICIPALITY shall perform the following: (a) Pay all electrical energy charges relating to the operation of the lighting system used in the illumination of the trafficway(s). (b) If the length of the trafficway or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall pay the utility charges for a number of street lights based on the MUNICIPALITY'S frontage along the referenced trafficway. The pro rata share for the ' MUNICIPALITY along this trafficway is as follows: (c) Notify COUNTY promptly when MUNICIPALITY, its agents, contrac- tors, or employees, receives notice, or has or should have either actual or constructive knowledge, of_ any and all defects, imperfec- tions, malfunctions, or failings of the lighting system. 4. As a material consideration for the COUNTY'S entry into this Agreement, r to the extent allowed by law, the MUNICIPALITY agrees to indemnify, GCF4119-2 Rev 5/22/79 -2- I C.L,�N • _J J 2. The COUNTY shall perform the following: (a) Prepare or . cause to be prepared sodium vapor design plans and specifications for the illumination of the trafficway(s). Such plans and specifications shall be reviewed and approved by the Director of the COUNTY'S Department of Transportation (hereinafter re- ferred to as the "Director") and shall substantially conform to the Standard Specifications for Hicllrway Lightin Florida Department of Transportation. g established by the (b) In accordance with the approved design plans and specifications, install a lighting system along the trafficways. The lighting system so installed shall remain the property of the COUNTY after instal- lation and shall not be moved or relocated without tF�e express written consent of the Director. (c) Maintain the lighting system along the trafficway(s) in accordance with the approved design plans and specifications and in substantial conformance with the Standard Specifications for Highway Lighting adopted by the Florida Department of Transportation. As part of such maintenance responsibility, the COUNTY shall keep in good repair and replace defective or WornOLlt lighting system parts and equipment. 3. The MUNICIPALITY shall perform the fallowing: (a) Pay all electrical energy charges relating to the operation of the lighting system used in the illumination of the trafficway(s). (b) If the length of the trafficway or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall pay the utility charges for a number of street lights based on the MUNICIPALITY'S frontage >� along the -referenced trafficway. The pro rata share for the MUNICIPALITY along this trafficway is as follows: (c) Notify COUNTY promptly when MUNICIPALITY, its agents, contrac- tors, or employees, receives notice, or has or should have either actual or constructive knowledge, Of any and all defects, imperfec- tions, malfunctions, or failings of the lighting system. 4. As a material consideration for the COUNTY'S entry into this Agreement, to the extent allowed by law, the MUNICIPALITY agrees to indemnify, GCF#119-2 Rev 5/22/79 i��H -2- defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the MUNICIPALITY, its agents, contractors, or employees, or due to any act, occurrence, or omission to act by the MUNICIPALITY, its agents, contractors or employees. 5. The Director shall decide all questions, difficulties and disputes of what- ever nature which may arise under or by reason of the illumination of the trafficway(s) pursuant to the terms of this Agreement. 6. This Agreement does not effect responsibility for installation and main- tenance of traffic control signals and devices along the trafficway(s). 7. This Agreement may be terminated by either party upon thirty (30) days written notice given by the terminating party to the other party. IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 Chairman, authorized to execute same by Board action on the day of 19_, and signing by and through duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- gy_ _� Officio Clerk of the Board of Chairman County Commissioner of Broward County, Florida 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 By Assistant General Counsel GCF#119-3 Rev 5/22/79 -3- ILLIm MUNICIPALITY WITNESS: /�7day of J y-, v , GC F#119-4 Rev 5/22/79 -4- ILLVM I 1 J AGREEMENT FOR TRAFFICWAYS BEAUTIFICATION Between BROWARD COUNTY--. .._ -. -. ._ And THIS AGREEMENT rnade anc! entered into this 19 by and between BROWARD COUNTY, apolitical subf division of the State of Florida (hereinafter referred to as the COUNTY), and c 7'-1.pO o r= os v/.4 3roward in County and organized and existing under pthe al clawsrofotheocated State of Florida (hereinafter referred to as the MUNICIPALITY); W I T N E S S E T H: WHEREAS, 577,eL/,vim eoA0 (is)(are) public trafficway(s) (hereinafter referred [c as the "trafficway(s located within the municipal boundaries of the MUNICIPALITY; and ) WHEREAS, it is of mutual benefit to the residents of the COUNTY and MUNICIPALITY to beautify the trafficway(s) by landscaping and irriga- tion; and WHEREAS, the MUNICI-PALL-T-Y--by--resolutionr-of--its-Voverning-body adopted on the day of beau- tification of the trafficway(s) with t�ptjNTY Pursuantatto the 2tterms joint ths Agreement and has authorized the appropriate officers of the MUNICIPALITY to execute this Agreement; and WHEREAS, the COUNTY by action of its Board of County Commis- sioners on the day of , has likewise the joint beautification of the trafficway(s) with Itthe MUNICIPALITY aandohas authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, N CONSIDERATION of the conditions, romises, cov- enants andPaym nt hereina ter set fo th, the COUNTYand MUNICIPALITY agree as follows: 1. The COUNTY and MUNICIPALITY shall participate in the beautification of the trafficway(s) in the manner set forth in this Agreement. GCFh120-1 Rev. 2/26/79 I I J 2. The-COUNTY shall perform the following: (a) Prepare or cause to be prepared design plans and specifications for the beautification of the trafficway(s). Such plans and specifica- tlons shall be reviewed and approved by Lice Director of the COUNTY'S Department of Transportation (hereinafter referred to as the "Director").- -- --- (b) In accordance with the approved design plans and specifications, landscape the trafficway(s) by installing along the trafficway(s) vegetation, which may include, but is not limited to, plants, trees, shrubberies and turf, and installing irrigation systems compatible with the installed vegetation. 3. The MUNICIPALITY shall maintain the vegetation and irrigation systems installed by the COUNTY along the trafficway(s) as follows: (a) The MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the trafficway(s); remove and replace all vegetation which is dead or diseased or which other- wise falls below the initial level of beautification of the traffic- way(s), such replacement to be accomplished by the use. of plants of the same grade as specified in the original approved plans and specifications and the same size as those existing at the time of replacement; keep -litter removed from the trafficway(s); and main- tain irrigation parts in working order according to the original _ aPProved—ptarrs—and—spezifiicatons, Including the maintenance and replacement of pumps, pipes and sprinkler heads. (b) The MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the trafficway(s). ` (c) If the length of the trafficway(s) or any portion of such length is (are) coterminous with the jurisdictional boundaries of the MUNICI- PALITY, the MUNICIPALITY shall coordinate the performance of its maintenance responsibility pursuant to this Agreement with the gov- ernmental entity or entities having jurisdiction over the adjacent area. The terms and conditions of such coordination shall be stated in a Memorandum of Understanding entered into by the MUNICIPAL- ITY and the adjacent governmental entity or entities and shall pro- vide for the division of maintenance responsibility and the costs of maintenance between the parties to the memorandum. The effective- ness of this Agreement is conditioned upon and is subject to such GCF#120-2 Rev 2/26/79 _2 executed Memorandum of Understanding being approved by the Director. 4. If g any time subsequent to the COUNTY'S installation of vegetation and irrigatio: s; ster.,s a;cri the traff c.;a for that the y y(s) it is determined by the Direc- MUNICIPALITY is not maintaining the beautified traffic- -- avay(s) pursuant to the terms of this Agreement the Director notify the MUNICIPALITY in writing of such deficient maintenance. if the MUNICIPALITY does not correct and improve such deficient mainte- nance within thirty (30) days of receipt of the Director's written notice, the COUNTY, at the option to be corre of the Director, may Cause such deficiencies cted and improved and bill the MUNICIPALITY for the costs Of such correction and improvement. The MUNICIPALITY shall remit to the COUNTY the amount so billed within thirty (30) days of the MUNI- CIPALITY'S receipt thereof. 5. As a material consideration for the COUNTY'S entry into this Agreerent, the MUNICIPALITY agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature whatsoever arising out of because of or due to the breach of this Agree- ment by the MUNICIPALITY, its agents, contractors or employees, or employees, due to any act or occurrence or omission to act by the M its agents, contractors or employees. v. 6. The Director shall decide all questions, difficulties and disputes of what- ever nature which may arise the trafficway(s under or by reason of the beautification of ) pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNII' COMMISSIONERS, signing by—ancr—tlTre;g,r_its Chairman, authorized to execute same S Board action on the day of signing by and through ' 19—' and COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of County Commissioners of By Broward County, Florida Chairman --- day of x GC Fn120-3 Rev 2/26/79 -3- F71 1 I This document prepared by Office of General Counsel for Broward County, .Florida HARRY A. STEWART . General Counsel Room 248, Courthouse Fort Lauderdale, Florida 333.01 (305) 765-5105 E;y . Assistant General Counsel MUNICIPALITY WITNESS: pp G/Ty aF .0,41!IA By (A'wz] 1 day of _ Iq&- ,. i i i i I • I ' I x GCF#120-4 Rev 2/26/79 -4- MEMORANDUM OF UNDERSTANDING Between THE CITY OF And THE CITY OF Pursuant to the terms of paragraph 3(c) of the Agreements for Trafficways Beautification entered into between Broward County, and the City of on the day of and the City of , 19 , 19 on the day of —, each hereby enters into this Memorandum of Understanding as follows: traffiavay(1 s. That this Memorandum of Understanding relates to the following ` h ): 2. That the City of that portion of the trafficway(s) described as follows: shall maintain 3. That the City of that portion of the trafficwa shall maintain y(s) described as follows: 4. For purposes of this Memorandum of Understanding the term "maintenance" shall include, but shall not he limited to, the functions speci- fied in paragraph 3(a) of the Agreements for Trafficways Beautification referred to in the first paragraph hereof, ;rnd the obligation to pay all utility x GC F#120-5 Rev 2/26/79 -5- charges relating to the operation of the vegetation and irrigatiorr systems used in the beautification of the trafficway(s). 5. This Memorandum of Understanding shall continue in effect until the Agreements referred to in the first paragraph hereof are terminated. CITY OF WITNESS: BY day of , 19 / CITY. OF WITNESS: 14 BY — �-t day of , 19i APPROVED: BROWARD COUNTY DIRECTOR OF TRANSPORTATION By Date: GCFK120-6 Rev 2/26/79 -6- L�