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13004 r • RESOLUTION NO, 13004 A RESOLUTION AUTIIORIZ:CNG EXECUTION OF A UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. WHEREAS , the State Road Department of Florida, now known as the Department of Transportation, has located and proposes to construct or reconstruct a part of State Road 828- Bridge Structure 85- 79th Street Causeway, and WHEREAS, in order for the Department of Transportation to further and complete said project, it is necessary that certain utilities and/or facilities within the Right-of-Way limits of said State Road 828 be adjusted, changed or relocated, and WIEREAS , the Department of Transportation having requested the City of Miami Beach, Florida, to execute and deliver to said Department of Transportation a Utilities Agreement, agreeing to make or cause to be made such adjustments, changes or relocations of said utilities and/ or facilities as set out in said Agreement, and the City Council of the City of Miami Beach being familiar with and having considered the terms and provisions thereof; i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk and Finance Director be and they are hereby authorized and directed to make, execute and deliver to the Department of Transportation a Utilities Agreement for the adjustment, change or relocation of certain utilities within the Right-of-Way limits of said State Road 828, Section 87080-6508; BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Department of Transportation at Tallahassee, Florida. PASSED and ADOPTED this 15th day of April , 1970. r= i .. 1, Ma ,.r Attest: } / / // A City Clerk-Finance Director orncr or cm( ATTOMLY• -t -'0 VIMM1 KilOt! /1V("tRlt:----fM)\MI nI Actl, nonmA 33139 • Fotm No. RW 004 FLORIDA STATE ROAD DEPARTMENT • Page 1 of 2 Rev. 5-1-66 CITY UTILITY RELOCATION AGREEMENT County Section Utility Job No. State Road No. _ County Name Parcel&R/W Job No. 87 080 6508 828 Dade 8 2506 THIS AGREEMENT, made and entered into this 1 5th day of Apr i 1 , 197g__, by and between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the DEPARTMENT, and the CITY OF mum BEACH, FLORIDA , a municipal corporation, hereinafter referred to as the CITY. WITNESSETH : WHEREAS, the DEPARTMENT proposes to construct or reconstruct a municipal connecting link State Road, which road is known and described as follows: State Rood 820- Bri6t-e Structure No. 05 - 79th Street Causeway - and, WHEREAS, in order to facilitate such work it is necessary that provisions be made for adjustment, change or relocation of certain facilites and/or utilities within said CITY (and owned by the CITY, whether within the corporate limits thereof or not) and located within the right of way of said municipal connecting link State Road or appurtenances thereto, viz: Any and all water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV-cable systems, including poles, pole lines and underground facilities thereof, and any other utilities and facilities within such right of way. NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mu- tual covenants hereinafter contained, it is agreed by the parties as follows: 1. That the DEPARTMENT will provide at its expense for the construction, reconstruction, change or replacement of all drainage structures necessary to properly drain said municipal connecting link State ROAD within the said CITY, but not otherwise. 2., That in consideration of the DEPARTMENTS undertaking the construction of said municipal con- necting link State Road, which will be of benefit to the CITY and its citizens as a city thoroughfare, the CITY agrees to make or cause to be made all necessary adjustments, relocations or changes of its facilities or utilities where located on public property without cost or expense to the DEPARTMENT; and further to enter into all necessary agreements or arrangements with privately owned utilities wherever situated within corporate limits, so as to require such utility owners to also make all necessary adjustments, relocations or changes of their facilities or utilities, in order to comply with the plans, designs and specifications of the DEPARTMENT for the construction or reconstruction of said municipal connecting link State Road, prior to the advertising for bids on said project, and file the same with the DEPARTMENT before such date, such agreements to provide for: 1. Covering procedure for coordinating the work; 2. Minimization of delays; 3. Method of arriving at compensation to contractor for delays occasioned by the utility's operations; 4. The CITY'S agreement to pay compensation so determined; 5. An arbitration clause naming the State Highway Engineer the arbiter and agreeing to abide by his decisions. 11114 ,,, Form No. RW 004 • •Page 2 of • Rev. !1- -tit) 3. The CITY further agrees that said adjustments, changes or relocation of said facilities or utilities will be made by the CITY, or privately owned utility companies, with sufficient promptness so as to cause no delay to the DEPARTMENT or its Contractor in the prosecution of such construction or reconstruction work. The CITY further agrees that in the event the changes, adjustments or relocation of such facilities or utilities shall be done simultaneously with the construction project, that it will reimburse, or cause the privately owned utility companies to reimburse, the contractor directly for any just claim due to delays caused by the CITY'S or privately owned utilities companies' operations or hindrance to the contractor's efficient prosecution of the construction work. 4. It is mutually understood and agreed between the parties hereto that the CITY shall assume the sole responsibility for the necessary adjustment, change or relocation of all of said facilities or utilities, whether the same be publicly or privately owned; it being the intent of the DEPARTMENT that the CITY shall enter into all negotiations and agreements with privately owned utility companies to accomplish this purpose, and to see that the CITY, the DEPARTMENT and/or its contractor shall be fully protected, de- fended and indemnified against any failure on the part of such companies to properly and promptly perform the necessary work required of them by virtue of such construction or reconstruction work. 5. The CITY further agrees that the State Highway Engineer shall act as arbiter in deciding all ques- tions, difficulties or disputes of whatever nature which may arise under or by reason of this Agreement, and his deem ions relative thereto shall be final and conclusive upon all parties. 6. The CITY further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such adjusted, changed or relocated facilities or utilities within the right of way of said State Road, to comply with all provisions of law and of the DEPARTMENT'S manual with amend- ments and specifications for traffic control routing and parking and to conform with the regulations of the DEPARTMENT pertaining thereto. 7. It is mutually agreed that any attached map or sketcli showing any such facilities or utilities to be adjusted, changed, or relocated is made a part hereof by reference. 8. The CITY further agrees to indemnify, defend, and save harmless and exonerate the DEPART- MENT of and from all liability, claims, and demands for contractual liability rising out of the work under- taken by the CITY, its employees, agents, representatives, or its subcontractors, or arising out of any other operation, no matter by whom performed, or on behalf, or in conjunction with work to be coordinated by the CITY with others on the same job, or adjacent thereto, whether or not due in whole, or in part, to conditions, actions, or omisisons done, or committed by the CITY, or its subcontractors, its employees, agents, representatives, or its subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed, the day and year first above written. WITNESSES: STATE ROAD DEPARTMENT OF FLORIDA By: Executive Director ATTEST: (SEAL) As to the DEPARTMENT Secretary - _ ------- --------1-7_--------—, -��,� C� ---------- FLORIDA __— �__ - CITY OF_ BY: (Title- Mayor ) ______ . ----- ------------- - — ' As to CITY ATTEST: _�1�y Clerk-Firtartcc DiFe!crofrSEAL)