CITY UTILITY RELOCATION AGREEMENT - CONSTRUCT OR RECONSTRUCT A MUNICIPAL CONNECTING LINK STATE ROAD 55 (INTERCHANG AT STATE ROAD 60)
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STATE OF FLOllUlD! DEP !H'['MENT 0lI? TIaNSll:~OIn"ATION
MIf.IIAEL O. O'NEIL SEl:RF.'U.Rf
1'AIL\IlM~SU~ nOIlIIJ,\ :1:l;\H,1
November 19, 1969
Division of Road Operations
(of\1 "10':
N. iJ L E r.'/ 13 I L/41j
No Ti C G ro /2/0/
IG6-GO/2V ~ FU.G
Mr. Merrett R. Stierheim, City Manager
City ,Hall - 321 Ft. Harrison !\.venue
City of Clearwater, Florida 33518
Dear'Sir:
Section 15150-6512, State Road 55
Pinellas County, Parcel 3 (25]'~L ,
We are enclosing the executed City Utility Relocation Agreement
and supporting resolution for the subject project.
All relocation work must be performed in accordance with Depart-
ment regulations. Relocation of utilities in advance of highway construc-
tion iste be encouraged as covered by the terms of this agreement.
Sincerely yours,
~~~i?
E. M. Salley ~
State Utility Engineer
EHS:pcm
Enclosure
cC~~1r: c~ W~ Monts De Dca, District Engineer
),;':;b;~Attention: District Utility Engineer, w/2 copies agreement
Administrator, Reports & Records, w/agreen~nt
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FDnIl No, RW 004
P.fe 1 or2
Rev, ~-1-66
~LORIDA STATE ROAD DEPARTMENJ
CITY UTILITY RELOCATION AGREEMENT
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C.,unty I St:ction I tTtility Job No, ,II Stste Road NO'1, County Name I Parcel & R/W, Job No, I
15150 6512 55 Plnel~ 3 2512
THIS AGREEMENT, made and entered into tllis-20Uday of ffi-I..a , 196~, by and
hetweenthe STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to ~s the DEPARTMENT,
and the CITY OF Clearwater
the CITY.
, a municipal corpo~ation, hereiIillfter referred to as
W I TN E SSE T H :
WHEREAS, the DEPARTMENT proposes to construct or reconstruct a municipal connecting link State
Road, which, road is known and described as follows:
IntArchanga A~ State RnAd 60
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 sumof 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 CIIT, but not otherwise.
2.; That in consideration of the DEPARTMENTS undertaking the construction of said municipal con-
necting link Stale Road, which will be of benefit to the CITY and its ,citizens as a city thoroughfare, the
CIIT 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 agreemel)t to pay compensation so determined;
5. An arbitration clause naming the State Highway Engineer the arbiter and agreeing to
abide by his decisions,
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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 c:aim 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 worle.
"', 4, It is J!lutually 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
F~tQ. No. RW 00i
p~l(e 2 of 2
R~v. 5.1.66
I
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 decifions relative thereto shall be final and conclusive upon allparties,
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 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
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5oJjeration, no matter by whom performed, or on behalf, or in conjunction with work to be coordinated by
;U:;o .
~t~e CITY with others on the same job, or adjacent thereto, whether or not due in whole, or in part, to
00
~~nditions, actio:ns, or. ornisisons done, or committed by the CITY, or its subcontractors, its employees,
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~ ~ents, representatives, or its subcontractors.
~."
~ ~ IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed, the day
, ""s:
~ ~d ear first above written. 'Ii ,." /' "" .
i: ';1' STATE ROi<911f:PpflT Q'/FLORIDA
z c: B . t'()r;~~.I, t~~~
~ t,-, J, " L_~ A:EST:X':~)~ ~~c~~~it~q
f ~ to the DEPARTMEMT l Secr-;ary ,
20
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CITY OF
I OR IDA
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'E--:A'I'T A cHEn'PA G:i\;T1lfr,
ATTEST:
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Page 3 of CITY UTILITY RELOCATION AGREEMENT - Job No. 651Z
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Cl~TER",FL01UDA
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City Manager
Approved as to or:n It c~rectnesa:
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'A.81stantCitr7 .-\ttorJj.ey'
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Attest: ,'" " : ^'" '
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City Clerk ~ CT 2 7 1968
WITNl:SSES:
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,As to Clty' '
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RESOLUTIO~
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No. 69. - 115
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A RESOUll'ION AUTHO,"I.{ZINC :eXECUTION OF f.N
UTIl..ITIS'S :',G;U:~:C~"SF.NT FOR THE I D.TtJST)'y',ENl' ,
C!:lA;-~C~E CR. H.E'I,OCA 'rro:'~ CJl'~ GF RTfJ lI'4' UTII.ITIES 1.VrTIllr~
'.l:'HE: RIGHT OF' WAYUMITS HEREAFTER DJ":SCRlJ'}ED.
.":'>.;.'
\HlltREAS, the State of I~lorida. Dep-3.rtment of'X'ransp'n-t3tion (State
Itoad Dcpartmotltof !no.-ida) he's located and })l'OPOSCB to construct 01' ro~
construd a part of State Road 55. aml ,
\HIE: RE: N5, 'in ordor for thG Eti, to of F lor Ida. DOpa.rtm~nt of 'rl'ans port:"tion
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(Statl;, U"",,]; DepJ.i'tn,,'mt of Flodda) to furthe.' and complctetlaid project, it io
nCCCBE;ar~l tl'.lilt. c{;rtL't1l1' utHitice: a,nd/o-r rac.iliti,f";s \vitl)in ~ho i.:~igbt c:.,f \Vlo.1,y li,n'.d.tcr
,
of 6,dd St"t., Ro:<d ~S I;... adjuGtod, chc:ngcd or rebcatcd; l1nd,
\Vl,,tE'H.i::AS r the State o! .FloridZl. Dei:>;J.:i:tl;'I,ent t,'li Tl'i1nGp~)t't..'7..ti')n {Sta.te
. Road Deparb:r~el1t of E'lr")xida) h..,.j.vlnz re~uestcd th",; City of Cl(~;)'l"v/a.tGrt Flc~lrla,
to execute and. deliver to it ('_11 UtiUtiea /\,gl"ecrnC!,nt., o'g!~ecin3. to J:~n:ik0: or e:H,i5C
,
to b;;: mad" such adju~tIJ)clJ.tll', <;he.nges or ~'c1-0(:ati()116 of MJ.id \ltUitios andha'
faclUttec <t(j Get out in GaJd AgreeuJcnt, and g:,..~id requ0Bt hn...~.d;ng been duly
C(J!loidered:
I~O'V'. TI1Er~EFOI~E:, Bj-: I'r l~E:SO_LVED J3Y TIn! 'CITY
CO!-l.d'/llSf310!',; G;~' '1'l-'iE CITY 01T' Cl,.Ek'\RVi'/t'fEI". li"l.;ORJDb,
lIT Q~'{,,'cr"'~' TOUT v ",HD T'rGT"L"~Lv ,Q"',,"'r,,_ '~D f,"
\4 ",.J~'V>.A'J.V:.~ lJ ~~ ,/.,:.':..... ...-......... l) ',i"\.t" .\. j-:,-"~~~r,,,",.t;'..L'~~ f ....j,)
FOLLOV{[;:
J.. That the Mayol', Ci.ty,M)'J,naec:, City Clerk a\ld J\G!li.r"tan~ Chi'
J\ttc>rn~y be and they al'O hereby authol'h'cd cnd dh'ccted tf) mahe, Clcccute
and d~liV'01'" to the SV.;ltc oi Jtloj:'icEJ.. Dcpartzflont of f".fransp.c~rtation (State H.OJ.d
Department of :IT lold.(l..3l) nn UtiliHos '''greec~ent {or the' adjustmont. cln'mge 0.'
relocation. of cCJ;tain \.tUitka within tl:H~ Right of Way lirnits of aaid ::;".),t6
Ro:,d 55. Soction 15150.
.
2. That a c<H'(:ifiod copy of this RetlClluti-:m be fonvl),nh,d to thr! 5tate of
Flodd..... Department of Tran!lpo~.tation, Talb.h:~"l>ce. :lT1odda.
PASSED /,,1:',,0 ADOPTED thie 20th
d"y of October, /,.D. 1969.
A ttOllt:
/ s / R. G. Whitehead
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/s/ H. Everett Hougen
Mayor-GumminG ion'n'
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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.
69-115
adopted by the City Commission
on the 20th day of
21st
October
, ,A. p. ~11>9
'Witnes s my hand and the seal of the City of Clearwater. this
day of
October
, A. D. 19 69
City Clerk
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