77-LLLRESOLUTICN NO. 77-LLL
CITY RESOLUTION
UTILITY INDEMNIFICATION AGREEMENT
City Council
at a meeting of said City Counctl
1977
WITNESS my hand and seat on this
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILIT[F~q AGREEMENT FOR THE ADJUSTMENT, C
HA~ OR.
RELOCATION OF CERTAIN UTILITIES WITHIN TIt~ RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PRO~
VIDING WREN THIS ,RESOLUTION sHALL TAKE EFFECT.
RESOLUTION NO~ 77-LLL_
ON MOTION OF Commissioner (Councilman} ~w~-~ 1 y ,w~ non . seconded by Comm{~ioner
man) 3c~ DeMarco , ,thefollowingi~esolnt/onwasadopte~: Vote 5/0
WHEREAS, the State of Flor/da De~rartment of Transportation h~ located and pro]~vsea to eonsh~c~ or
reconstrue/[ a ~ of State t~oad S-811 ......
AND WHEREAS, ~n order for the State of Florida Department of Tra~sportat/o~ to further an~ compare'id
project, it ks necessary that certain ut/lit/es, and/or facit/t/es within the Right-of-Wmy limits of saki State Road
~-811 ~ · be adjusted, changed or 'relocated,
AND WHERF_~S, the State of Flor/da Departmeat of Transportat/~n having requested the City of ~
Beach
~. Florida, to execute and deriver to ~he State of Ftorida Department of Transportation
a Ut/l/t/es Agreement, agree/ne to make or cause to he made suck adjustments, changes or relocatior~
ut/l/ties and/or facil/tiez aa set out/n said Agreement, and said request hav4ng been duly considered,
NOW THEREFORE, BE IT RESOLVED by the City. _c°unc__ il_ ....... ~ of the C'it)= of BoynCo_n~._ ~-__.~Beach
Florida, that l~he Mayor and Clerk (CiIy Manager) be and a%y are hereby anthorized said. directed to
execute and del/vet to the State of Florida Department of Transpor~at/on a Ut~ties Agreement for the
ment, change or relocation of certain utilities within the1%' t of Way lJanits ~f said State ]~oad S-811
Section 5!2 ;
BE, IT FURTItFAt RESOLVED that a certified copy of thi~ Res~Ia~ion he forwarded to the State of Flmitla
Department of Transportation at Tallahassee, Florida.
CITY OF Bolrnl:on Beach
COUNTY OF Palm Beach
! HEREBY CERTIFY that the forego/ne is a true and corsect copy of a Resolution adopted hythe
· Boynton Beach
of the C~ of ................ Florid~
held on th/s 7th A ....r December ·
day of ...... _ A. D. 197
Clerk (City Manager) of the City of
BoyntQ~ _B_.e_.ach, ............. , Florida.
(SEAL)
UTILITY RELOCATION AGREEMENT
(At Municipat Expense}
93 512 6603 $-811
THIS AGREEMENT. made and entered into this day of .....
197 . by and between the STATE OF FLORIDA DEPAP~TMENT OF TRANSPOP~TATION.
hereinafter referred to as the DEPARTMENT. and the CITY OF Boynton .Beach
a municipal corporation, hereinafter referred to as the CITY.
WITN~TH:
WHEREAS, the DEPARTMENT is constructing, recon~q~ucth~g or otherwise changing a portion
of the State Highway System designated by the DEPAi~TMENT as :fob
No. 93 512 . Road No. 5-811 hetween I~oolbright Road
which shall call for thc relocation of the CITY'S faeilitise (owned by the CITY, whether within the~
corporate limits thereof or not) along, over and/or under said highway, viz:
Any and all city owned or operated water mains, fire hydrants, ~anitary 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
CITY owned or operated utilities and faci~ties within such right of way,
AND WHEREAS. the plans for the said consixuction, reconstruction or other changes to be
made. as above described, have been reviewed by the DEPARTMENT and the CITY. said above
described ,fili~r relocation to herein:ffter he designated as "Relocation Work ."
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed
by the p~des as follows:
C
l. The CITY agrees to make or cause to be made allarrangementsfor necessary adjustment or
changes of its facilities where located on public property at CITY'S own expense and in accordance.
with the provi~ons of Rule 014-46.01 "Utility Aeeormnodation Guide," Florida Administrative
dated May 4, 1976; any supplement~ o~ revisions thereof as of the date of thisAgreement, which, by
reference hereto~ are made a part of this Agreement; and the plans, desJgnsand speeifieation~ of th~
DEPARTMENT for the construction or reconstruction of ssAd pottiest of the State Highway System~
prior to the adverti~ng for hid on said project. The CITY further agsees to do alt of saekwork with
own farces or by a contractor paid under a contract let by the CITY, all under t/m~a of th~
DEPARTMENT ' S engineer.
2. The CITY further agree~ that said adjustraeats, changes or relocation of facilities WIB be
made by the CITY with sufficient promptness so as to eaus~ no dday to theDEPAR'~4~A~IT or its
tractor in the prosecution of such annstmetion or recortstrnction work; pro~ided~ however, that
CITY shall not be responsible for delay beyond its control; and that such "Relo~ati0aWori~ ~ he
done under the direction of the DEPARTMENT~ engineer;and the CITY further agr¢~ that in the-
event the chenges, adjustments or relocation of such facilities or ta-ilities 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 theciTY'S negligence; and that the CITY ~nll not
either proceed with the "Relocation Work' with its own forces or advertise ar let a contract for sack
work until it has received the DEPARTMENT'S ~r~tten authorffy to proceed.
3. The CITY further agrees that it wilt maintain and keep in repair, or cause to be maintaine~
and kept in repair~ all of such adjusted, changed or relocated CITY owned or operated faciliti~ or
utilities within the r/girt of way of sa/d portion of the State H/ghway System; maitre*comply ~t~
provisions of the law, including Rule 01446.0L
4. The DEPARTMENT agrees to furnish the CITY with all necessa,qr hi_ghway eonstractio~t
plans that are required by the CITY to facilitate the CITY'S "Reloealia~ Work~"
5. The DEPARTMENT farther agrees that the CITY may relocate its facilities upon theState's
right og way, according to the terms of the standard permit required by the State Statutes for oeeu~
paney of public fights of way, and all published regulations lawfully adopted by theDEP~ENT
as of the. date of this Agreemento~
6. ',It is mutually agreed that the CITY'S plans, maps or sketches showing any sack faeilitiea~
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 hahility, claims, and demands for eontraetaal liability rising out of th~
work undertaken by the CITY, its employees, agents, representatives, or its subcontractors date ir~