72-ERESOLUTION NO. 72 - ~-
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
WHEREAS, the State of Florida Department of Transportation
has located and proposes to construct or reconstruct a part of State Road
AND WHEREAS, in order for the State of Florida Department of
Transportation to further and complete said project, it is necessary that
certain utilities and/or facilities within the Right-of-Way limits of said
State Road 9, be adjusted, changed or relocated,
AND WHEREAS, the Slate of Florida Department of ~ransportation
having requested the City of Boynton Beach, Florida, to execute and deliver
to the State of Florida Department of Transportation a Utilities Agreement,
agreeing to make or cause to be made such adjustments, chan~es or reloca-
tions of said utilities and/or facilities as set out in said Agreement, and
said request having been duly considered,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Boynton Beach, Florida, that the Mayor and Clerk (City Manager
be and they are hereby authorized and directed to make, execute and
deliver to the State of Florida Department of Transportation a Utilities
Agreement for the adjustment, change or relocation of certain utilities
within the Right of Way limits of said State Road 9, Section 93220-3415;
BE IT FURTHER RESOLVED that a certified copy of this Resolu-
tion be forwarded to the State of Florida Department of Transportation at
Tallahassee, Florida.
PASSED AND ADOPTED this
ATTEST:
City Clerk
f~% day of ~, A.D., 1972.
CITY OF I~D YNTON BEACH, FLORIDA
Mayor
Vice M~or ./
Counc~man
~ncilman
uouncilman
COUNTY93 I SECTION~
CITY RESOLUTION
UTILITY INDEMNIFICATION AGREEMENT
UTILITY JOB NO.
STATE ROAD NO.] COUNTY NAME
PARCEL Eg R/W JOl~ NC
241
A RESOLUTION AUTHOPdZING EXECUTION OF AN UTILITIES AGREEMENT FOR Tile ADJUSTMENT, CIIANGE OR
.... RELOCATION OF CERTAIN UTIL/TIES WITtlIN TIlE RIGIIT-OF-WAY LIMITS ttEREAFTEII DESCRIBED, AND PRO-
¥1DING WHEN Tills RESOLUTION SH.'LLL TAKE EFFECT.
RESOLUTION NO. 72-E
ON MOTION OF Comn]issioner (Councilman) Archi~ , seconded by Comnlissioner (Council-
man) Blanche~ce , the following Resolution was adopted:
-. W}IEREAS, the State of Florida Department of Transportation has located aRd proposes t6 construct or
reconstruct a part of State Road
AND WIIEREAS, ir[ order for the State of Florida Department of Transportation to further and complct~ said
ro'ect, it is necessary ii,at certain utilities and/or facilities within tile Right-of. Way limits of said State Road
J.
· be adjusted, elianged or relocated,
AND WfIEREAS, the State of Florida Department of Transportation having requested the City of
, Florida, to execute and deliver to the State of Florida Department of Transportation
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 iR said Agreement, and said request having been duly considered,'
NO'~~, FIIEREFORE, BE IT RESOLVED by thc City Council of thc City of ~lmblm tJllleh ,
Florida, that the Mayor and Clerk (City *lanagcr) be and they are. hereby authorizcd and directed to make,
execute and deliver to tile State of Florida Department of Transportation a Utilities A~eement for tlie adjust-
ment, clian,,e or relocation of certain utilities within the Right of Way limits of said State Road 9
Section. ~3Z~0-341 $ . .
BE IT FURTIIER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida
Department Of Transportation at Tallahassee, Florida.
CITY OF
COUNTY OF
I HEREBY CERTIFY that the foregoing is a tree and correct copy of a Resolution adopted by thc
City Council of the City of BOyl~tOn ~aCh , Florida
at a meeting or said City Council . , held onl4M~: tho 7th day of March , . A. D.
197.2
.1,!,~ ~55 my band and seal on this
:
?
loth
day of March
By ~Glerk (City ~Ian;.),' ~L~ of tile City of
?
UTILITY RELOCATION AGREEMENT
(At Municipal Expanse)
UTILITY JOl~ NO.
'A'"OAO"O' I fOU"--"A'' I'A . L9 alm Beach , ~ "~"~4J°'12 .o. I
THIS AGREEMENT. made and entered into this day of
197 . by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the DEPARTMENT. and the CITY OF BO'OtTO~ BE~{>l
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 ]ob'
No. 93'Z20-3415 . Road No. 9 between North of' C-15 CaP, al
South of SR 812
(Wd 17th Av,*m.~) r. and ,
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, viz:
Any and all city owned or operated water mains, fire hydrants, sanitary sewers, gas
mains, fire and police call systems, telephone, electrical, telegraph and TV-cable
systems, including pole, s, pole lines and underground facilities thereof, and any other
CITY owned or operated ufil/fies and facilities within such fight 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 follow~:
1. The CITY agrees to make or cause to be made allarrangementsfor necessary adjustment or
changes of its facihties where located on public property at CITY'S own expense and in accordance
with the provisions of Rule 014.46.01 "Utility Accomodation 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 ~r 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 World' 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 utihties are done simultaneously with
the construction project, that it will be directly responsible for handhng of any legal claims that the
contractor may initiate due to delays caused by theCITY'S negligence; and that the CITY will not
either proceed with the "Relocation Work" with its own forces or advertise or 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 facihties 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. T~he DEPARTMENT agrees to furnish the CITY with all necessary highway construction
· plans that are required by the CITY to facihtate the CITY'S "Relocation Work."
5. 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 DE-
PARTMENT 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 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 agreed 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 this instrument to be duly executed, the
day and year first above written. _
WITNESSES:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
As to thc DEPARTMENT
ATTEST:
Executive Secretary
(SEAL)
.As to~9~Ty~ ( ~'g~"~'~¢
.Approved as to Form, Legality and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney