65-HForm No R'~¥ 005
FLORIDA STATE ROAD DEPARTMENT
CITY RESOLUTION
NO. 65 -H
CountY S~_ct!on_ ' _ Utility Job No. I St~t~ Road No. I County Name ~ Parcel & R/W Job No.
i O,~o ~ O601 [ S-804 Pe2m Beach i 5 2601
A R!':SOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE
ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-
OF-XVAY I,IMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN T~IIS RESOLUTION
SttAL1, TAKE EFFECT.
ON MOTION OF~t~-(Councilman) , seconded by
~ Councilman) , the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct
from 3e,',bvard Air Line Ra~!vay Sa'st to State Rd. 5 in Boynton Beach;
a part of State Road S-~JO~ ~ ; and
WttEREAS, in order for the State Road Department to further and complete said project, it is neces-
sary that certain utilities and/or facilities within the Right of Way 1/mits of said State Road S-._~G4 ,
be adjusted, changed or relocated; and
WHEREAS, the State Road Department having requested the City of Bo.'ymtcn
TM * ,
Florida, to execute and deliver to the State Road Department a Utilities Agreement, agreeing to make or
cause to be made such adjustments, changes or relocatiuns 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
BosmLon 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 Road Department a Utilities Agreement
for the adjustment, change or relocation of certain utilities within the Right of Way limits of said State
Road S-~0I~ , Section 9~6~0-6601 ;
BE IT FURTIIER RESOLVED that a certified copy of this Resolution be forwarded t0the State Road
Department at Tallahassee, Florida. Passed and Adopted January 1 8, I 9& q.
CITY OF BOY!-'~rTOI',r BEACH (Corp. Seal) CITY OF BOYN I'(-) ,
COUNTY OF PAL, M BEAC~ -----~z___i~ . .
I HEREBY (~ Attes[: _~, :
.ERTIFY that the foregoing is a true and correct copy of a .~
City ('ouncil of the City of Bo:.~,m.i'.o.,,
at a meeting of said City (;,mnci]. , held on this lSth day of .J au
196 5
~V,~TN' >.- ', hand and seal on this
~.) day of
BY
,] anua~ry, , A, D. 196 5.
Cierk (C~t~y-Manager) iff the (,i[y of
:lk:i;mton ~?a-~, , Florida.
· .~ { ',L~
~'orrn No RW 004
Page 1 of 2
FI, ORIDA STATE ROAD DEPARTMENT
CITY UTILITY RELOCATION AGREEMENT
t County Sectioh- i Utility Job No. , State Road No. _ Name_ ' l'arcel & R/W Job No.
_ ~ ................ County :
~ 9f, o~0 oO0~ I S-80h ; Pa~ Beach ,r = 2¢0: l
THIS AGREEMENT, made and entered into this 1 8th day of,lunua~'y, , 1965, by and
between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the I) hi' 'AR~ MEN' ~'r,
and the CITY OF BO'~]~N BEACH , a municipal corporation, hereinafter referred to as
the CITY.
WITNESSETH:
WtlEREAS, the DEPARTMENT proposes to construct or reconstruct a municipal connecting link State
Road, which road is known and described as follows: State Road S-~q04 from .q~:~'~boa,.':: Air Lin~,
Rai!x.r~y Ea:;t to State Road 9 in Boymton Beach,
and,
WHEREAS, in order to facilitate such work it is necessary that provisions be made for adjustment,
change or relocation of certain facilities and/or utilities within said CITY (and owned 10, the CITY.
whether within the corporate limits thereof or not) and located within the right of xvay 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 and telegraph systems, including poles, pole lines and under-
ground facilities thereof, and any other utilities and facilities within such right of way.
NOW, THEREFORE, the premises considered, and in consideration of the sum of One D.11ar 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 CITY, but not otherwise.
2. That ir, consideration of the DEPARTMENT'S undertaking the construction of said municipal con-
nectin~4 link State Road, which will be of benefit to the CITY and its citizens as a CITY Thm'oughfare, the
CITY agrees to make or cause to be made all necessary adjustments, relocations or chang(,.q ~,f its facilities
or utilities where h)cated on public property without cost or expense to the DEPARTMENT; and further to
enter into all necessary agreements or arrangements with privately owned utilities ~ ht, t'evor situated within
corI,orate 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
DEt.'ARTMENT f,.~r the construction or reconstruction of said municipal connecting link State Roxd~
prior to the advertising for bids on said project, and file the same with the DEPARTMENT before such
date, .~uch agreements to provide for:
~'. C(,verin~ procedure for eoodinating the work;
2. Minimization of delays;
:'~. Me~hod of arriving at compensation to contractor for delays occasioned by the ,tilit.x .~ :,I,oralicms:
4. The ¢;ITY'S agreement to pay compensati,m sr~ determined;
5. A, arbitration clause naming the State H ishway !';n>_dneer the arbiter and agreeing lc,
a!,id, t,5- his decisions.
fa. ge 2 nl~ 2
:;. The ('fTY further agrees that said adjustments, changes or relocation of said facilities or utilities
n-il! he made h5 the CITY, or privately owned utility companies, with su~cient promptness so as to cause
m, dehty t(~ the DEI'ARTMENT or ils Contractor in the prosecution of such construction ,,r
work. The CITY fur;her agrees that in the event the changes, adjustments or relocation of such facilities
utilities ahalt be done Mmultaneously with the construction project, that it will reimburse, or cause the
privately owned utility companies to reimburse, the contractor directly for any just claim due to delays
caused by the CITY'S or privately owned utilities companies' operations or hindrance to thc contractor's
e~cient m'osecution of the construction work.
4. It is mutually understood and agreed between the parties hereto that the CITY shall azsume the
sole responsibility for the necessary adjustment, change or relocation of all of said facilities ur utili!ies,
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 accmnplish this
purpose, and to see that the CITY, the DEPARTMENT and/or its contractur shall be fully protecved, de-
fended and indemnified against any failure on the part of such companies to properly and promp~Iy perform
the necessary work required of them hy virtue of such construction or reconstruction work
5. The CITY further agrees that the State Highway Engineer shall act as arbit:er in ,tcci,'liug all ques-
tions, difficulties ~,l' disputes of whatever nature which may arise under or by reason of this A~-rccmenr, and
his decisi:)ns relative thereof shall be final and conclusive upon all parties.
6. Thc ('ITY further agrees that it will maintain and keep in repair, or cause to }m m;tmtamed and
kept in repair, all t,f such adjusted, changed or relocated facilities or ntilities within the ri;rht ,~f way
said State Road, to conH)ly with all provisions of law and of the DEPARTMENT'S mandrel with amend-
merits and specifications for traffic control routing and parking and to conform with the re;culations of the
DEPARTSIENT pertaining thereto.
7. It is muttmlly agreed that any attached map or sketch showing any such facilities m' utilitic:; to be
adjusted, changed, or reh,cated is made a part hereof by reference.
8. The {:I'FY furl}mr agrees to indemnify, defend, and save harmless and ex~merate the I)I,]PART-
MENT of ami fr,,m :,!1 liability, chtim54, :md demands fro' contractual liability rising ,,ut {,f the work under-
~h,: {)[,:]'AI{'I'MI';NT ;,,ilh ,,ih,irs ,m Iht,. same jO],, or ;ttl.i:tt' *i~ thereto, whctimr {q' not. duc m whole, ~,r in