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HomeMy WebLinkAboutCity of Tamarac Resolution R-80-1791 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 Introduced by: C/M Disraelly Temp. Reso #1727 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-80-179 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA AND BROWARD COUNTY FOR THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON MCNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC. BE IT RESOLVED BY THE 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 Removal and Relocation of Water and Sewer Lines on McNab Road Between University Drive and East City Limits of Tamarac. SECTION 2: That the proper City Officials are hereby authorized and directed to execute said agreement on behalf of the City of Tamarac. PASSED, ADOPTED AND APPROVED this 15th day of July, 1980. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION FU�...,_ lIIX.A• A.,, MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON McNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC -*. A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON McNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC 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 5 5 E T H: WHEREAS, the water and sewer lines of the CITY OF TAMARAC on McNab Road between University Drive and east city limits of Tamarac have been found to be unreasonably interfering with the improvement and expan- sion of McNab Road; 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 improve- ment of McNab Road 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 McNab Road will ob tin he the general public C TYinterest and of sub- stantial benefit to the residents NOW, THEREFORE, IN CONSIDERA'T-I©N 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 removal of transite water mains and sanitary force mains and replacement with ductile iron pipe on McNab Road between University Drive and the east city limits of Tamarac including the intersection improvements in- cluded in this project at the McNab Road -University Drive intersection. 2. CITY shall reimburse COUNTY for all costs for the but notion on omit he new water and sewer lines, which costs shall include, to, engineering services, installation costs and services, and inspection costs and payment for all costs relative to the removal of the existing water and sewer lines. s for clairps and 3. CITY shall indemnify the removal of the exist nnd hold COUNTY lgswater anld sewer Ines damages resultinging from by COUNTY. 4. The COUNTY shall keep accurate records of the costs of the relocation and installation of the utility lines, and duplicate copies of such records shall be forwardd to eaon- ha ee access It Yany and all COUNTY records on a monthly basis. CITY hrelativea, atrtosthe able times, installatiori'work. 5, The COUNTY shall submit e completion of itemized etute utility installationment to the construc- tion. a fin forty-five (45) days o P 6. First reimbursement payment to COUNTY shall be made by the CITY one (1) year after the installation work has been commenptseshalland be made semized sannual�\, ment forwarded to CITY. The following payin ears fr-o- with the total amount payment byo be 1CITY tod in 1COUNTY. The eCITY shall pad the date of the first pay one-half percent (7.5%) interest as follows: Seven and 7. It is understood and agreed between the parties that COaUTY er and alle�not be held responsible for the construction of the ne er 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. -2- separate division in its bidding documents g. COUNTY agrees to require a to be reim- for the installation of I' lines,n be easilyso h dent f ed.at these costs, bursed by CITY to COUNTY, TY agrees to be bound by the lowest overall bid received and accept - CITY CI 9 lines. This is able to the COUNTY for the construction CITY'Sn utility ty Nab Road, including a COUNTY the relocation and installation of t tion of utility lines which exceeds other agreeable to CITY even if the overall lowest bid received y contains a bid for OUNTY for said installation; further, bids received by and hold harmless COUNTY for an supervi- 10. CITY agrees to indemnify pursuant to Sion performed or installation contracted for and constructe installing the lines. 11. The COUNTY agrees to exercise good faith in implementing all reasonable requests by written 'Resolution of the City Commission of CITY for UNTY'y q lines caused by imperfections or malfunctions of the agreements with them relate to the in - contractors and subcontractors as ag McNab Road. stallation of CITY'S utility lines alongon both the CITY 12. This Agreement shall continue in effect and be binding leted and COUNTY until removal and rhe° CITY to the COUNTtion of the utility Ynes is comp and final remittance is made by either the CITY or COUNTY incurs any expense in enforcing the whether 13. if a expenses/ terms of this Agreement under either ° ree that o all costs aand sexp suit be brought or not, the parties agree including but not limited to court costs, interest and reasonable attorneys _ fees, shall be paid to the prevailing party. ebtenes to 14. The obligation incurred in this emissued pursuant toent is a junior dTamaracsResolute to be on approximately $14,000,000 bonds to Fun R-79-251 and shall be payable from the fromral Reserve Developercontributionsshed in Resolution R-79-251 or as appropriate, IN WITNESS WHEREOF, the partieshereto each have sig mature: BROWARD this Agreement on the resuted pective datete UN gninby and COUNTY through its BOARD OF COxecute sameSlby BoardONERS,slact on on the through its Chairman, authorized toexecute THE CITY OF TAMARAC, Florida, day of 19 Manager duly authorized to signing by and through its Mayor and City execute same. COUNTY BROWARD COUNTY, through its ATTEST: BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- By -3 Officio Clerk of the Board of HOWARD C. FORMAN, Chairman County Commissioners of 19 Broward County, Florida day of — -3- AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, FLORIDA, FOR THE REMOVAL AND RELOCATION OF WATER AND SEWER LINES ON McNAB ROAD BETWEEN UNIVERSITY DRIVE AND EAST CITY LIMITS OF TAMARAC. ATTEST: City Manager ATTEST: Assistant City Clerk 'r CAP:ed AGR058-D 7/7/80 #80-380 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 CLAUDETTE A. PELLETIER Assistant General Counsel CITY -4- CITY OF TAMA�AC, FLORIDA B Walter W. Faj k,,, Mayor- -2 day of 19ZJ. BY Edward A. Gross, C' y Manager 2,zeday of 19�c