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CITY UTILITY RELOCATION AGREEMENT - CONSTRUCT OR RECONSTRUCT A MUNICIPAL CONNECTING LINK STATE ROAD 595-A (LAKEVIEW AVE TO COURT ST) I .JAY W. BROWN COMMISSIONER June 7, 1968 MICHAEL a,O'NEIL CHAIRMAN WILLARD PEE8LES VICE-CHAIRMAN DONALD R. CRANE.JR. J..JUD CHALME:RS -.JAMES LEE MIAMI WILDWOOD TALLAHASSEE ST. PETERSBURG JACKSONVillE CRE:STVIEW Mr. Merrett R. Stierheim, City Manager City Hall - 321 Ft. Harrison Avenue City of Clearwater, Florida 33515 lECE-WED )\J\Il \i ~ C\T'l C\.iJUC. Dear Sir: Section 15570-6605, State Road S-595-A Pinellas County, SRD No.5 (2605) Please find enclosed the executed City Utility Agreement and supporting resolution for the subject project. It is understood that all such work will be accomplished under the direction of our District Engineer in accordance with Department Pol- icies, and you may consider this notice as your authority to proceed with any adjustment and/or relocation of your existing facilities as required to clear the proposed construction. &;;2~F Robert L. Orth Engineer of Right of Way ~~4, {JP1_ (~'hief Draf!:sman_ Fi.:)ld Supflrvisor " .:;'0-cretary.______.__~ ES:pcm Enclosure cc: Mr. C. W. Monts De Oca, District Engineer of Construction Engineer, w/2 copies agreement & resolution City Enginee, ~ Ass't City Eng. File E~~ E~~INS,Lf~~:::~ ~~~;--) m; !( ~ [~ I] \i;' 1,1,' ! JU JUN 11 1968 lu A.M. .0.,1.1" 1\.919!JH1H 1~2, l' Ii) <~ f :':":f, _, ~ ~- ~ ~, " , .. ILORIDA STATE ROAD DEPARTMENT I RECEIVED - . Form No. RW 004- Pa!l:c 1 of 2 R~\'. !i-l.66 tJUN 11 1968 CITY UTILITY RELOCATION AGREEMENT CITY CLERK f;unty I ;';;011 I (:SlOb No, I Sla'...:_ I <;i';..us [PieI & R/(..O_ [ THIS AGREEMENT, made and entered into this ~a day of ~. ,1961-, by and between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to s the DEPARTMENT, and the CITY OF Cl.,...... , a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT proposes to construct or reconstruct a muuicipal connecting link State Road, which road is known and described as follows: S.,,,... LaI.- '1_ Au . to c.n .....t. and, WHEREAS, iu 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 adjusbnents, 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; J. 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, ":,"/1/ /'Cf) ":F~~m" No. RW 004 Page 2 of 2 Rev. 5.1.66 I I 3, The CITY further agrees that said adjustments, changes or relocation of said faCilities or utilities will he made by the CITY, or privately owned utility companies, with suffiCient promptness so as to cause no delay to the OEPARTMENT 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 r~imbi1rse, 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 '1lutually understood and agreed between the parties hereto that the CITY shaIl 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 thatthe CITY,the DEPARTMENT and/or it"-contraetor sh~1l be fuIlu,rotected, 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 shaIl 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 deci,ions relative thereto shaIl 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 c;; :z DEPARTMENT pertaining thereto. ;;: 7, It is mutuaIly agreed that any attached map or sketch showing any such faCilities or utilities to beb '" :z adjusted, changed, or relocated is made a part hereof by reference, rn 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. ~J c1","~:;' ~70)~~ As to the DEPARTMENT ATTEST: STATE RO By: CITY OF BY: RIDA (SEAL) CITY, A "" ;~ ..,,,. ~"U ..e::) ~u -< -< ,. ~ ilo ." ." 3::~ ~;] o tv OJ c..:>o< ill ~ en ilo = 0 ... c ... X' " I Form No. R W 004 Pa,e 3 01 3 leetion 15570-6605 tate Road S-S95-A Pinenaa County SRD No. 5 (2605) ~ ~ ~'2. '9:~ ~. d> 1:.-.:) ~ G?~ ,tQ ~ ~~ o ~ FLORIDA STATE ROAD DEPARTMENT CITY UTILITY RELOCATION AGREEMENT CITY OF CLEAll.WATER WITNESSES: " x:""'~./ .7t!:f....e.d) .~~ Arto CITY 1f": APPR0VEO AS TO rDRM lCG FlO,1 ~ S;kIE ROAD DE ~7Y AND EXECUTION BY, ',':.' ' - " - I RESOLUTION I No. 68 _ 46 'WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct a part of State Road 5-595-l"; and WHEREAS. in ordet' for the State Road DeFartment to further and complete said project, it is necessary that certain utilities andlor fac,ilities . :1 within the Right of Vray limits of. said State Road S-595-A be adjusted, changed or relocated; and _-~'J.'!FT:l,EAJ.~_:.__t12-? .$tate. _r~q?-_~ t~~p,c.;._~!~:ne,_~~ _~~~~~"o,~ :re,qll, ested the City of -. - - Clearwater, Florida, to execute and deliver to the State Road Department a Utilities Agreement. agreeing to make or caUSe to be made such adJustments, changes or relocations of said utilities andlor facilities a.s set out in said Agreement, and said request having been duly considered; NO,V, THERYC:F'ORE. BE IT RESOLVED BY THE CITY COMMLSSION OF THE CITY OF CLEARWATER. FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED. AS FOLLOWS: J. That the l'J:'oper officials of the City of Clearwater. Florida, be aIld they are hereby authorized and directed to make, execute and deliver to the State Road Department a Utilities Agreem.ent for tbe adjutltment, change or relocation of certain utilities within the Right oi Way limits of said State Road S-595-A. Section 15570-6605. 2. That a certified copy 01 this Resolution be iorwarded to the State Road Departrmmt at "l'allahassee, Florida. 15th PASSED AND ADOPTED this day oi April. A. D. 1968. Isl H. Everett Hougen Mayor-Comnrissiol1.er Attest: /s/ R. G, Whiteh",..<:J City Clerk "1.,:-. I < , I ' , , t, I I , I I I ! I , I I , 1 ! I .' ~ T. R. G, _ Whitehead, duly appointed City Clerk bf the City of ,Clea::--,vater, Florida, certify the foregoing to 1>e a true and co"",ect 'copy .' . of Resolution Nq., 68-46 adopted by the City Commis sion on the 15th day of A pril ,A.D. 19 68' i 1 i l- V Witness my hand and t3e seal of the City of Clearwater, this , 16th day of April . A.D. 19 68 L___ .~~~ . City Clerk " ,"'-. . . , -.