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)