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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-059Temp. Reso. #6434 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-- �� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION PERTAINING TO ADJUSTMENT OF THIRTY- FOUR (34) CITY WATER VALVE' BOXES IN COMMERCIAL BOULEVARD, TAMARAC, FLORIDA; AND PROVIDING AN E]?FECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with the Florida Department of Transportation to adjust thirty --four (34) City water valve boxes in Commercial Boulevard, Tamarac, as part of the Florida Department of Transportation's resurfacing project from University Drive to the east :side of the Florida Turnpike. City personnel will perform the work and a copy of said agreement is being attached hereto as "Exhibit 1". SECTION 2: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this c3a.y of ,1993. AT EST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to f.�m . A MIT10HELL S . KR —CITY ATTORNEY MAYOR DIST T : D'ST. 2: D!ST. 3: DiS7. 4:. T r� • - r • •� • �. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 710-010-61 DIVISION OF PRECONSTRUCTION AND DESIGN 12/88 UTILITY RELOCATION AGREEMENT GAGE 1 OF 3 (At Municipal Expense) COUNTY SECTI_ UTILITY JOB NO STATE ROAD NO 'COUNTY NAME PARCEL & R/W JOB NO 86 014 6500 870 Broward N/A N/A.._ THIS AGREEMENT, made and entered into this day of , 19 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT and the CITY OF TAXARAC _ ., a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Job No. 86014-6500 Road No. 870 (Commercial Blvd. from University Driy to st of the.TurnRike which shall call for the relocation of the CITY'S facilities (owned by the CITY, whether within the corporate limits thereof or not) along, over and/or under said highway, via: Any and all CITY owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fare and police call systems, telephone, electrical, telegraph and TV -cable systems, including poles, pole lines and underground facilities thereof, and any other CITY owned or operated utilities and facilities within such right of way, AND WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the DEPARTMENT and the CITY, said above described utility relocation to hereinafter be designated as "Relocation Work", NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The CITY agrees to make or cause to be made all arrangements for necessary adjustments or changes of its facilities where located on public property at CITY's own expense and in accordance with the provisions of Rule 014-46.01 "Utility Accommodation Guide," Florida Administrative Code, dated May 4, 1970; any supplements or revisions thereof as of the date of this Agreement, which, by reference hereto, are made a part of this Agreement; and the plans, designs and specifications of the DEPARTMENT for the construction or reconstruction of said portion of the State Highway System, prior to the advertising for bid on said project. The CITY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the CITY, all under the direction of the DEPARTMENT'S engineer. U FORM 710-010-61 12/88 PAGE 2 OF 3 . 2. The CITY further agrees that said adjustment, changes or relocation of facilities will be made by. the CITY with sufficient promptness so as to cause no delay to the .DEPARTMENT'or its contractor in the- prosecution of such construction or reconstruction work; provided, however, that the CITY shall not be responsible for delay beyond its control; and that such "Relocation Work" will be done under the direction of the DEPARTMENT'S- engineer; and the CITY further agrees that in the event the changes, adjustments or relocation of such facilities or utilities are done simultaneously with the construction project, that it will be directly responsible for handling of any legal. claims that the contractor may initiate due to delays caused by the PITY'S negligence; and that the CITY will not proceed with the "Relocation Work" with its own forces nor advertise nor let a contract .for such work until it has received the DEPARTMENT'S written authority to proceed. 3. 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 CITY owned or operated facilities or utilities within the right of way of said portion of the State Highway System, and to comply with all provisions of the law, including Rule 014-46.01. 4.. The DEPARTMENT agrees to furnish the CITY with. a•11 necessary highway construction plans that are required by the CITY to facilitate'.the CITY'S "Relocation Work". 5. The DEPARTMENT further agrees that the CITY may relocate its acilities upon the State's right of way, according to the terms of the standard permit required by the State Statutes for occupancy of public right of way, and all published regulations lawfully adopted by the DEPARTMENT as of the date of this -Agreement. 6. It is mutually agreed that the CITY'S plans, maps, or sketches showing any such facilities or utilities to be adjusted, changed, or relocated are made a part hereof by reference. 7. The CITY further agrees to indemnify, defend, and save harmless and exonerate the DEPARTMENT of and from all liability, claims and demands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in whole or part, to conditions, actions, or omissions done or committed by the CITY; or its subcontractors, it employees, agents, representatives, or its subcontractors. It is specifically understood and agreed that this indemnification agreement does not cover nor indemnify the DEPARTMENT for its own negligence or breach of this contract. Nothing contained herein in anyway limits the City's sovereign imwnity or any other right limiting liability including but not limited to Florida Stat.§ 768.28. 0 FORM 710-010-61 _ 12/88 AGE 3 OF 3 IN WITNESS WHEREOF, the parties hereto have caused the -so presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 6 TITLE:_(..... ATTEST: Executive Secretary ------------ , FLORIDA (SEAL) BY: (SEAL) &ITLE• ATTEST: Approved as to Form & Legality STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: • Assistant Attorney APPROVED BY: District Utility Engineer m ATTEST: By: ATTEST: Carol A. Evans, City Clerk CITY OF TAMARA(; APPROVED AT MFFTINr, nF - a� -g 3 STATE OF FLORIDA COUNTY OF SS 2_y3. ACCEPTED BY CITY OF TAMARAC By: • L• nder, Mayor Date: —3 3 B J hn P. Kelly, ity Manager Date: cl 9 y: ovec\~o f Mitchell S. aft, -City Attorn y ` 5, 55 �thI HEREBY CERTIFY that on this day, before me, an officer duly orized in the State aforesaid and in the C acknowledgments, Personallya ounty aforesaid to take to me known to be the appeared L, t k foregoing instrument and s ) described in and who executed the executed the same, �� acknowledged before me that ^i dlY ZDo my nand and official A r 19 , �ii�•�-�1.�-�_.�-eta c. ate, c-�- �. p�� �F nn' r l� ( X ) Personally known to me, or ( ) Produced Identification seal, this C. lam}-, day of NOTARY PUB IC-w , State of Florida at Large NOTARY PUBLIC, STATE OF FLORIDA. MY CGr;MISSION EXPIRES: JUNE 26, (Name of Notary Publics Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( Y) DID NOT take an oath.