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CITY UTILITY RELOCATION AGREEMENT - CONSTRUCT OR RECONSTRUCT A MUNICIPAL CONNECTING LINK STATE ROAD 595-A (STATE ROAD 686 TO LAKEVIEW AVE) ~. ( 5}:J (:d:~.{"J:~,~._"_. . II . ~ ..JAY W. BROWN COMMISSIONER BOARD M EM BERS MICHAEL Q. O'NEIL MIAMI CHAIRMAN WILLARD PEEBLES WILDWOOD TALLAHASSEE VICE-CHAIRMAN October 24, 1968 DONALD R. CRANE,JR. J .JUO CHALMERS JAM ES LEE ST. PE1"ERSBURG JACKSONVillE CRESTVIEW Mr. Merrett R. Stierheim, City Manager City Hall - 321 Ft. Harrison Avenue City of Clearwater; Florida 33515 ~Dear Sir: Section 15570-6603, State RoadS-595-A Pinellas County, SRD No. 4 (2603) We are enclosing the executed City Utility Agreement and sup- porting resolution for the subject project. All work will be accomplished under the direction of our Dis- trict Engineer in agreement with Department policies. You' may consider this notice as your authority to proceed with any adjustment and/or re- location as required to clear your facilities for the proposed construc- tion. Yo.....urA~.er>;:.,.t:.r.ul , ......jJ... .JI_~' f.#~-- Robert L. Orth Engineer of Right of Way ES:pcm Attachment cc: Mr. C. W. Monts De Dca, District Engineer Attention: District Utility Engineer, w/2 copies agree. & resol. Engineer of Construction ~~ ,,- I -' Form No. RW 004 Re:'a.~~1_~6of ~3 tLORIDA STATE ROAD DEPARTMEmj CITY UTILITY RELOCATION AGREEMENT Ciut ;7~on U~:;Ob No. s~a:~;;:~ No. I ;;unty NO;e I p;el & R(;~;t. I THIS AGREEMENT, made and entered into this 5~ day Of~ ,196~, by and between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the DEPARTMENT, and the CITY OF C!......t., , 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: St.te Road S-59500A - $.-686 to Lakey!.. Ave.... 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 DEPARTMENT'S 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. ,/ ,\" " ","i'l I '! I, (Ji (,1:--'-1 , ,'. ------------ - " ~ . ~ .~..... Form No. RW 004 I I Pa.~e 2 (Jf~..a Rev. 5-1-66 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 coutractor 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 decbons 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 kcpt 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 aud 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 sketch 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 adjarent -th....eto, whether or not due in whole, or in part, to .~ 5~ conditions, actions, or omisisons done, or ~ mitt!ill ,~y the CITY, or its subcontractors, its employees, - . <: agents, representatives, or its subcontractors. c..:--' ~.~ 8 ~- ~ . IN WITNESS WHEREOF, the parties h'jl: a-ve 'q,used this instrument to be duly executed, the day :::r-~ 0 n..,..., E. ~ # g ."=STATE ;:;~: ""GO> ~"" ~~EST: -l :l> Secretary erTY OF '" c:: ..... aTTEST: "" --~-- ~~EAL) > i Co ~~ ....... ttI 0:,' >< :u Cl) 0 0'> II> OJ t:l ttI o II> :u t:l A . ~;_ 1 ( Pale 3 Ot3 I I J'LOlUDA STATE ROAD DEPARTMENT CITY UTILITY RELOCATION AGREEMENT Approved aa to form and. cor~(;44h~ ~torney WITNESSES: f_4~~.z! ~'1Ft.ty./h.-- ~ t.'U~.L~J!L A- ~ ~, 0' ~ '.' ~ -/' A. to City R, FLORIDA H..ttfJ'.t:Wl1itehe. ad, .. Ci tY,I;lerk . - /_' - . By: .)(~/~ee.- S~ Acting City Cl...k .... '~-" . B'Z ROM) BOl\RO APPRO"ED , Section 15570-6603, State Road S-595-A Pinellas County, SRD No. 4 (2603) .., .f I I RESOLUTION No. 68 - 95 WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct a part of State Road S-595-A; and WHEREAS, in order for the State Road Department to further and complete said project, it is necesBary that certain utilities. and/or facilities within the rightofway_limits_o(oaid_StateRoad S-595-A be adjuoted, changed '01' relocated: and WHEREAS, the State Road Department having requested 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 and! or facilities as set out in Baid Agreement, and said request having been duly considered: NOW, THEREFORE, BE 11' RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLE!? AS FOLLOWS: . 1. That the proper officia!l>_ of the City of Clearwater, Florida, be and they are hereby authorized and directed to make, execute and deliver to the State RQad Depa.rtment a Utilities Agreement for the adjustment, change or relocation of certain utilities within the right of way limits of said State Road S-595-A, Section 15570. 2. . That a certified copy of this Resolution be forwarded to the State Road Department at Tallahassee, Florida. PASSED AND ADOPTED this 5th day of August, A. D. 1968. Is/ H. Everett Hougen Mayor-Commissioner Attest: . l'/ R. G. Whitehead . ity Clerk . ;-.::1 < --~ < I I I, R. G. Whitehead, duly appointed City Clerk of the City of Clearwater, Florida, certify the foregoing to be a true and correct copy of Resolution No. 68-95 adopted by the City Commission on the SYh day of August , 19i1lL. ,Iitness- my-hand- and the-seal oftnB--City, -this 12th day of September , 19--2J!. ~-- .,~. ~--# -~: