HomeMy WebLinkAboutResolution No.67-39�[''SOLUTION NO. 67 -39
Il®111IDA STATE IIOAD DEPARTMENT
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CITY RESOLUTION
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A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE
ADJUSTMENT, CHANCE Oil RELOCATION OF CERTAIN UTILITIES WITHIN THE RICHT.
OFAVAY LIMITS IIEIIEAF7ER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION
SHALL TAKE EFFECT.
ON MOTION OF Commissioner (Councilman)G. J. Salvaggio , seconded by Commissioner
(Councilman) V. Lindemann , the following Resolution was adopted:
WHEREAS, the Stale Road Department of Florida has located and proposes to construct or reconstruct
a part of State Road 401 ; and
WHEREAS, in order for the Slate Road Department to further and complete said project, it is neca.
nary that certain utlites and /or facilities within the Right of Way limits of said State Road 401
be adjusted, changed or relocated; and
WHEREAS, the Stale Road Department having requested the City of Cnna CaoaVerel
Florida, to cocas, noel deliver to tho State Road Department a Utilities Agreement, agreeing to make or
cause to be made such adjustments, changes or relocations of said utilities anti/ or facilities as set out in
said Agucentent, and said request having been duly considered;
NOW THEREFORE, BE IT RESOLVED by doe Co ,n,i t of the City of
Cape Canayoral , Florida, that the Mayor and Clerk (City Manager) be and they are hereby
mdhmiud and di—led to make. esecute and deliver to the State (toad Department a Utilities Agreement
for the adjustment, change or relocation of certain utilities within the flight of Way limits of said State
lload 401 Section 70080 -6505
BE IT FURTHER RESOLVED that a ccrlificd copy of this Resolution be f. —rded to the Slate Road
Department at Tallahassee, Florida.
CITY OF Cape Canaveral
COUN7YOF Brevard
1 HEREBY CERTIFY that the foregoing is a tnre :uhd correct copy of is Resolution adopted by file
Council of fill, City of Cape Canaveral , Florida,
at a meeting of saidsnunr•11 held on this _1,t day of August , A. D.
i96 —L
WITNESS my hand and seal on this .l,t day of — August A. D. 190 � .
By- l' /:
Clerk (City Manager) of the City of
(SEAL) Cave Canaveral Florida.
• Fo P, :S a = aw FLORIDA STATE ROAD DEPARTMENP
Rer. �166
CITY UTILITY RELOCATION AGREEMENT
Corm SnioR CII ilY l0 \a. Stele Iim Sa_ Cnanly Nom< I'erce $ Il/ W Jo \o.
70 I 0110 6505 401 lBrevard 2 (25051)
THIS AGREEMENT, made and entered into this day, 1190-9— ' , by and
between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the DEPARTMENT,
and the CITY OF Cape Canaveral , a municipal corporation, hereinafter referred to as
the CITY.
W ITN E S S E T 11
WHEREAS, the DEPARTMENT proposes to construct or reconstruct a municipal connecting link State
Road, which road B known and described as follows:
South Limits Cope Canaveral to 1.5 mile North
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 (:cod owned by the CITY,
whether within the corporate limits thereof or not) and located within the right of way of said municipal
connecting link Slate Road or appurtenances thereto, viz:
Any and all water mains, fire hydrants, sanitary sewers, gas unaius, fire and police call
systems, telephone, electrical, telegraph and T\'-cable systems, iuelu bag pales, pale lines
and underground facilities thereof, and any other utilities and facilities within such right
of any.
NOW, TII EREFORE, the premises considered, and in vansideration of the sum of One Dollar each to the
other in hand paid, the receipt whereof is hereby nclai— ledged, and in further co isideralimn of the inn•
tual covenants hereinafter contained, it is agreed by the parties as follows:
1. That the DEPARTMENT will provide at its expense for the construction, reemislructinn, change or
replacement of all drainage structures necessary to properly drain said municipal connecting link State
ROAD within the said CITY, hot not otherwise.
2.. That in consideration of the DEPARTMENTS undertaking the construction of said municipal con.
necting link Slate 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 cmnph• with the plans, designs and specifications of the
DEPARTMENT for die construction or reconstruction of said municipal connecting link Slate Road,
prior to the advertising for bids on said project, and file the same with the DEPARTMENT befine such
date, such agreements to provide for.
1. Covering procedure for coordinating the work;
2. Minimization of delays;
9. Method of arriving at compensation to contractor for delays occasioned by the utility's operations;
4. The CITYS ab'reemept to pay compensation so determined;
5. An arbitration clause naming the State Ilighway Engineer the arbiter and agreeing to
abide by fats decisions.
S.1Tha CITY further agrees that said adjustments, changes or relocation of said facilities or utilities
still be wade by the CITY, or privately owned utility companies, with sufficient promptness so as to cause
na delay to the DEPARTMENT or its Contractor in the prosecution of such construction or reconstnmtion
aork.'iIt- CITY further agrees that in the event the changes, adjustments or relocation of such facilities or
utilitirs'hull he dune simultaneously with the construction project, that it will reimburse, or cause the
poi -wly owned utility cump:mies to reimburse, the contractor directly for any just claim due to delays
caused by the CITY'S or privately maned utilities comp:vdes operations ne hindrance to the contractors
efficient prosecution of the constructian work.
.1. It is mutually understood and agreed between the parties hereto that the CITY shall assume die
sole responsibility for the necessary adjustment, change or relocation of all of said facilities or utilities,
whether the same be publicly or privately awned; it being the intent of the DEPARTMENT ().at 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.
feneled and inden cited against any failure on the pan of such companies to properly and promptly perform
the nrmss;uy stork required of them by virtue of such construction or recenstruetion work.
5. '1 he CI'1 Y further agrees that the Slate highway Engineer shall net as arbiter in deciding all lines-
Ii au', lifficullies or disputes of whatever nature which may arise under or by reason of this Agreement, and
his deer. ions rrlaticr thrn•ta shall he final and clmchsive upon all Parties.
0. The CITY further agrees that it will maintain and keep in repair, or cause to he maintained and
kept in opAr, all of such adjusted, changed or relocated facilities or utilities within the right of way of
'aid Stutu head, to emnply with all provisions of law and of the DEPARTMENTS manual with amend -
�. mods and specifications for traffic control routing and parking and In conform with the regulations of the
DIWAIIIMENT pertaining thereto.
- 7. It is mutually agreed that any attached map or sketch showing any such facilities or utilities to he
adju'u I, charged, or relocated is made a part hereof by reference.
S. The CITY further agrees to indemnifv, defend, and save harmless and exonerate the DEPART -
MENT of and from all liability, claims, and deteanck for contractual liability rising nut of the work under-
-_ taken by the CITY, its employees, agents, representatives, or its subcontractors, or arising nut of any other
opt .in u, uo matter by schonn Performed, or on behalf, or in conjunction with work to he coordinated by
W_ tlw CI'IY with others nn the sane Jab, or adja —it thereto, whether or not clue in whole, or in part, to
eon liliu is. actions, ar mnishons 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 he duly executed, the day
'2 and vrur first abmo written.
�+ WI" 'I:SSES: /' STATE ROAD DEPXRTMr- \T OP FLORIDA
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C_G Z, Cp r ATTEST:
A'' to the DE ':1IIf \- rNT Secretary
CITYAAF a e an PLOIi1DA
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