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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-069Introduced by—c/J4 Temp. Reso. #3528 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY -OF TAMARAC, FLORIDA RESOLUTION NO. R-85- 6 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANS- PORTATION FOR THE TURNPIKE UTILITY RELOCATION PROJECT #84-9 (STATE PROJECT #97860-6320); AND PROVIDING AN EFFECTIVE 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 a Utility Relocation Agreement with Florida Department of Transportation for the turnpike utility relocation Project #84-9 (State Project #97860-6320), a copy of said agreement being attached hereto as Exhibit A. SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this�2( day of , 1985. MAYOR ATTEST: _. aL"4 ASSISTANT CITY CLERK I HEREBY CERTIF that I have approved the f m and correctness of this Reso Lion. n ATTORNEY RECORD OF COUNCIL VOTE MAYOR: KRAVITZ Di RiCT4: V/M STEIN DIS RICT3: C/M STELZER DIS7RICT2: C/M MUNITZ DISTRICTI: C/M BERNSTEIN Q /,C_ f 5v fTATf DIVISION Or wR6CON5TRUCTION 6 DESIGNRIDA DIMPAPITMWN'r OF ATION 7!7.10 �01■I: , UTILITY RELOCATION AGREEMENT rwORa+ors_•• (At Municipal Expense) COUNTY f6CT10N UTILITY JOa NO. fTATL ROAD N4. COUNTY NAMIE LPARCIEL A "M JOf NO. 97 860 6320 91 roward N A T an entered into this THIS AGREEMENTday of , made a 1g8 EP;IRTO.E Tama TRANSP TATION' by and between the STATE OF FLORIDA D hereinafter referred to as the DEPARTMENT, and the CITY . a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a porjob tion of the State Highway System designatedbetbeen the 8 fiE Oak aENTpk asBlvd . ) No. S 6 - Road No. and SR 870 (Commercial Blvd.) which shall call for the relocation of the CITY'SI (owned b the CITY, whether within the corporate limits thereof or not) along, over andlor� facilities (awn y under said highway, via: Any and all city owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, ili• electrical, t thereof, and any other TV -cable - systems, including poles, pole lines and underground fac 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: J FORM 717-10I >t/�7 PAGE I OF 3 , 1. The CITY agrees to make or cause to be made all arrangements for necessary adjustment or changes of its facilities where located on public property at CITY'S own expense and in accordance with the provisions of Rule 01446.01 "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. 2. The CITY further agrees that said adjustments, 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 con- tractor 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' *W 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 arc done simultaneously with i 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 CITY'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. r✓ 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 facihtfes 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 all necessary highway construction plans that are required by the CITY to facilitate the CITY'S "Relocation Work.- .S. The DEPARTMENT further agrees that the CITY may relocate its facilities upon theState's right-of-way, according to the terms of the standard permit required by the State Statutes for occu- pancy of public rights -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 v 'd1�M fi]-f0 91 whole, or in part, to conditions, actions, or omissions done or committed by the CITY; or its subcontractors, its employees, agents, representatives, or its subcontractors. It is specifically understood and a,-,T ecd that this indemnification agreement does not cover nor indemnify the DEPARTMENT for its own negligence or breach of this contract. IN WITNESS WHEREOF, the parties hereto have caused these 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 BY: (SEAL) Director, of Preconstruction and Design ATTEST: Executive Secretary CITY OF FLORIDA (Title- MA OR Approved as to Form, Legality and Lxecution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Rv- Assistant Attorney le • or r.ou•+Tr G[Ct10" ' 97 1 860 ptVir.loM Or 118#LCOMGt$.�w•6O" & Ott U'1•Il.11*Y RELOCATION SCIIl:I1Ui.F. IL1TY M GTATC r10A0 MO. [01lMfY NAMt V^80CLL • A/W JOG 940 ON /A• ■O 6320 91 F1.Tr► k Drow&rd I N/A N/A t1l'I1.111 AGENCY Ci A. Farilitiri lmolw•d [lrlst n% t x tculertrunder: Florida's Turnpib force kein and approxlimately 700water feet main located in existing south of Commercial Boulevard. $� ltelctrati��n Fork Antiri iatrcl Descrilir and Rrlate in Lol'.ation r►n i'rollert : Set mains in casing t, ve exten a to proposed toe of slope. Install air release valves at high points. E'. [ Ate! Relocation Sc-hedule (ISAW11 un normal schedule aril 5-day work week): ITEM prt•liminary Enginctrin" Right of Way Acquisition Contract Negotiation% (fur utility irr%tallatiuu Murk ) Othrr (permitting) Coiistriictiun (actual utility relocation ESip III joh site) I'IMATED MAXIMUM TOTAL ADJUSTED UTILITY RELOCATION PERIOD (Allow for concurrent activities) ESTIMATED MINDIUM TOTAL *See Highway Contract Special Novisions D. S cc irl \utatiun(s) to be included in highway (Contract S ecial I'ruvisiuris: DAYS ESTIMATED . it) y( 120 240nays 24o Days 1 Thi% AGENCY prroposes to rommcnce actual relocation and/or ad'ustmentwork:(Check one) E. ❑ prior to highway cuiitract advrrlisenlent, slid relocation should Joe complete by date of prcccunstructian eunft!rrnrc� ❑ concurrently with project advertisement. ® concurrently with commencement of highway constnirtiun. 'hr above data is based un conrtrartion plans aiicl seltedulm prepared by the DEPARTMENT, and, therefore is ::rnished for informational purliom's only- Thin AGENCY is nut responsible for circumstances beyond its normal ontrol. However, the AGENCY will rricictavor to fully cooperate with the DEPARTMENT, and its Contractor, in :raring the prujcct right of way a* Mtwditiousty as pu iblr.. �c AGTelephone ENCYS iNumbeld er 566 t8341 an be contacted Willi ms Pate: 1111MITTED FOR TUE AGENCY ill': � DEPARTMENTAL APPROVAL BY: Date: District Utility Ene veer