Res 33-76 RESOLUTION NO. 33-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION
OF A UTILITIES AGREEMENT FOR THE ADJUSTMENT,
CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN
THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the State of Florida Department of Transportation has
located and proposes to construct or reconstruct a part of State Road
S. E. 12th Street; and,
WHEREAS, in order for the State of Florida Department of Transpor-
tation to further and complete said project, it is necessary that certain
utilities and/or facilities withinthe Right-of,Way limits of said State
Road S. E. 12th Street, be adjusted, chhng~d ?r relocated; and,
~ WHEREAS, the State of Florida Department of Transportation having
requested the city of Delray 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,, changes or
relocations 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 DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council. of the City of Delray Beach,
Florida, concurs in the provisions of that certain agreement attached'
hereto, pertaining to the adjustment, change or relocation of certain
utilities within the right-of-way limits described in Exhibit "A"
to that agreement.
Section 2. That the City Council of the City of Delray Beach,
Florida, authorizes the said agreement to be executed by a legally
designated officer of this Public Body.
Section 3. That a certified copy of this Resolution be forwarded
to ~he State of Florida Department of Transportation at Tallahassee,
Florida.
PASSED AND ADOPTED in regular session on this the 14th day of
June, 1976.
ATTE ST:
~City Clerk
DIVIfHON OF ItOAl; OPI.~I'IATIONfi
FINAL NEGOTIATION P[-~OCEDURE
UTILITY RELOCATION AGREEMENTS
Your Agency will receive, under separate cover, highway construction plans covering Ibc area in which your facilities
arc locatcd. When rcquircd, parlially complctcd, agrccmc~t forms will be included in lite asscmbly together with a
Rclocalion Schedule format designed to covcr thc proposed work. Your assistance in preparing thc request in lite
following prescribed manner will be appreciated.
1. UTILITY PLANS - Thc plans should be sufficiently detailed so a'dctermination can be made that all
.indicated work is necessary, lhat Ihc planned adjustment will meet with all dcsign policy
rccinirc~nents of the Department, and that such plans represent thc most econo)nical means of
ma~ug the adjustmcnt. For REIMBUILSAIH,E work, thc plans should be detailed so that quantities
of major itcms of materials can be correlated with like items and quantities as they appe~ in the
cstimatc.
Major highway construction clements such as pavement areas, bridges, drainage, structures, right of
way lines and widths, control of access lines and highway stationing numbers should ~so appear on
the utility plans. Construction plans prepared by your office iu lieu of m~ked Departmep: plans
will be satisfactory, provided they meet aH of the ~ove mentioned requirements.
The plans should be marked Mth the foHo;dng color code:
Green line for aH existing facilities to remain in place
Red line- for aH existing facilities to J)e removed or ~andoned
Brown line- for M1 proposed new construction
One set of the completed plans should be re~rned to the Department' ~v~tk~,,~' copy ~,-'t
A~ec:::m~t as part of the legM as~mbly.
2. UTILITY ESTIMATES - For REIMBURSABLE work, it will he requked that estimates cover aH
such work as indicated by the plans and the particular a~eement form to wMch file estimate is
attached. Estima'tes must be prepared in a manor flint will conform to ~e requ~ements of
Department Procedure 132-046. Particular attention should be Wen to the form of csfimate to
insure compliance with them re~lafions. It should ~ noted that Section 6.f of ~ocedure 132-046
states: ..
"The estimate in rapport of the agreement star set forth fiae items of work to be
performed, broken down as to estimated cost of l~or, consWucfion overhead, materials and
sqpp~es, handling ch~ges, transportation and equipment, rights of way, prelimina~
en~neeri~, and cons~cfion en~neering, includinz ~ itemization of appropriate credits
for salvage, betterments, and'expired se~ce life, aH in sufficient det~l to provide the State
and DMsion En~neer a reason~le basis for an~ysis."
Estimates which leave justification of items or a~noun~ to the premmpfion of the reviewer cannot
be accepted. The factors that will be included in the Agency's construction overhead account sh~
be set forth. Items of materials are to be item~ed when they represent relatively major compm
nents or costs in the relocation. One estimate assembly must be prepared for each copy of the
agreement. Each assembly must also include your Scope of Work Statement and Relocation
Schedule as outlined on the Schedule form. The Schedule form should also include any special
.notice or instruction to the highway contractor that should be included in the project's special
prohsions.
· 3. UTILITY AGREEMENTS - All copies of the a~eement drafts furnished should be properly com-
pleted. Upon final legal execution, ~1 copies should be returned to the Department Mth the
co~npleted assembly.
~our Agency is not authorized to begin any construction work until you receive notice that the a~ee~nent has been
. ~)ved and executed. .
I~'C)I~M 7~'~'-t 0 BTATI: OF P'LOIIIDA D£PAHTMENT OF TF~ANSPORTATION
1-74 []IVISION OF IIOAD OpIr'IIATIONS
PAGP' I OP"~ UTILITY RELOCATION AGREEMENT
(At Municipal Expense)
COUNTY SECTION UTILITY JOB NO. STATE ROAD HO. COUNTY NAME PARCEL & R/W .lOB NO.!
93 521 6601 S.E. 12th Streel Palm Beach 2 2601
Tills AGREEMENT, madc and entered into this .da}'. of_ ,
'197 .... , by and bcltvccn the STA'FE OF FLORII)A DEPARTMENT. OF TRANSPORTATION,
hcreinaftcr referred to as thc DEPAI~TMENT, and the CITY OF DE?~Y--B-E'ACH , j
a municipal corporation, hereinafter refcrrcd to as thc CITY.
!
WITNESSETH:
WHER~EAS, the DEPARTMENT is constructing, reconstructing or otherMse chan~ng a portion
~ ,' Job
of the State Highway System dedgnated by the DEPART~ lENT as
No. q.qq?l_qr-.rl'l , Road No. q £. ~gfh q+,.,,,,~- between -84-x~e l'-'-~' -
and ~.-1-A '
which shall call for the relocation of the CITY'S facilities (c~led by the CITY, whether Mthin the
corporate limits thereof or not) along, over and/or under said highway,
Any and all. city owned or operated water mains, fire hydrants, smfitary sewers, gas
mains, fire and police call systems, telephone, electrical, telegaph and TV-cable
systems, including poles, pole lines mid underground facilities thereof, m~d rely other
CITY ovmed or operated utilities and facilities witlfin tach right of way,
AND WIIER~EAS, the plans for the said construction, reconstruction or other changes to be
made, as above described, bare been reviewed by the DEPARTMENT and the CITY, said above
described utility relocation to hereinafter be desigmated as "Relocation Work ,"
NOW, TItEREFOI~E, in consideration of th~ nltttual covenants hereinafter contained, it is ,~eed
by the parties as follows:
1. Thc CITY agrees to make or cause to bc made allarrangemcnlsfor necessary adjusttncnt or
changes of ils facilities where loc;fled on public property at CITY'S own expense and in accordance
with the provisions of Rule 014-46.01 "Utility Accommodation Guide,' Florida Adnfinistrativc Code,
dated May 4., 1970; any SUPl~Icments or revisions Ihercof as of thc date of Ihis Agreement, which, hy
reference hereto, arc made a part of lids Agreement; and thc plans, designs and specifications of Ibc
])I~PAI~TMI':NT for thc conslruclion or reconslruction of shid porli6n of the Siale ]lighway Syslcm,
prior to thc advertising for bid on said projecl. Thc CITY further agrees to do ali of such work with its
own forces or by a contractor paid under a contract Icl by the CYFY, all under the direction of ihe
D EPA RTM ENT' S engineer.
2. The CITY further a~ccs that said adjustmcnt~, changes or relocation of facilities will be
made by the CITY with sufficient promptness so as to cause no delay to thc DEPARTMENT or its con-
tractor in Ibc prosecution of such construction or reconstruction work; provided, however, that the
txe,ocat~on WorR' wiE be
CITY shall not 13e rcsponsihle for delay beyoud its control; and lhat such "' ~ '
done nnder the dircction of the DEPAIVFMENT'S en~necr; and the CiTY further agrces that in the
event the changes, adjustments or relocation of such facilities or utilities arc done simultaneously with
the construction project, that it will be directly responsible f~r handling of any legal claims that the
contractor may initiate due to delays caused hy the CITY'S negligence; and that the CITY will not
either proceed with thc "Relocation Work" with its own forces or adverti~ or let a contract for tach
work until it has received the DEPAI~TMENT'S writteu authority to proceed.
3. The CITY further a~ees 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
proxqsions of lite law, including Rule 01446.0 I.
4.' The DEPARTMENT agrees to furnish the CITY with aH necessary highway construction
plans that are requ~ed by the CITY to facilitate the CITY'S "Relocation Work."
5. The DEPAI~TMENT further agrcd:s that the CITY may relocate its facilities upon theStatc'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 agrccd that the CITY'S plans, maps or sketches showing any such facilities
or utilities to bc adjusted, changed, or relocated arc made a part hereof by rcfercncc.
7. The CITY further agrees to indemnify, defend, and save harmless and exonerate thc
DEPARTMENT of and from all liability, claims, and demands for contractual liability rising out of thc
work undcrtakcn by the CITY, ils employees, agents, rcprcscntativcs, or ils subcontractors duc in
~OItM
whole, or in par[, Io comli/ions, acliolls, or olnissio,s dom: or colnmi[lcd by tim CITY; or ils
subconlractors, ils employees, agenls, rcprescn[alivcs, or its mbconlractors. It is specifically
undersiood ami agreed .that this i~,lcmnific, a[ion agreement docs 'not cover nor imlcmnify
DEPAIUFMENT for its own negligence or breach of lifts con[racL
IN WITNESS \VIIEII. EOF, the parties hcrcto have caused this inslrumcnt to be duly executed, the
da), and year first above writtcn. "
STATE OF FLORIDA
WITNESSES: .. DEPAR, TMENT OF TRANSPORTATION
By:
,. Director of Administration
ATTEST: (SEAL)
As to the DEPARTMENT Executive Secretary
CITY OF i3~I ~bY BF_a~ ,FLORIDA
BY:
(Title )
· A'FTEST: __ (SEAL)
As to CITY :
Approved as to Form, Lqgalily and ExecutiOn
STATE 0 F l"l,O R I I)A I)EI'A l'Vl'5 lENT OF TIL. kNSP(_) RTATION
Assistant Attorm:y
~ATER I'IAINS &
SANITARY SEWERS
$.W. 12TI[ STR'EET
ESTIMATE FOR UTILITY ALTERATIONS
WATER NAINS
(1) Lower existing 12" t~ater'main 180' LF $ '20/LF = ~$3,600
(2) Furnish & install 12" box for
existing 12" gate-valve 1 Unit. 200 ~ 200
-~ ..... existing, fire
(3) P.e=ov~ & s .... ~,~
hydrant assembly 1 Unit 200 = 200
(4) Install salvaged fire hydrant ..
mssembly 1 Unit 300 - -- 300
(5) Furnish & install 6" D.I.P. 155 LF 15 ...; = 2,325
(6) Furnish & install 6" x 6" tap-.
ping sleeve 1 Unit 300 = ·300
(7) Furnish & install 6" tapping
valve & box 1. Unit 400 = 400
('g) Remove existing 4" water main '29 LF 2 --- 58
(9) Remove existing blowoff (stand ..
(10) Cut existing 4" water hydrant 1 Unit 75 = 75
(!1) .Furnish & install 4"x2" reducer 1 Unit 150 . = ].50
'(12) Furnish & install 2" blow, off 1 Unit 150 = 150
$£~"_¢ ! _. Az~Y SEWERS
(i) Adjust manhole 5 Units 200
(2) Remove existing 6" laterals 157 .LF 2 = 314
(3) Plug existing 6" sanitary sewer
laterals 3-Units 150 ' = 450
WATER MAINS & SANITARY SEWERS TOTAL· $9;622.00
· ' 20% Engineering Cost & etc ................................. 1.,.924.40
TOTAL' '$11,546.40
1-1,1 [llVIt;l(.J['l OF I,:Ol~,l)
~.^c~ ~ c.~ ~ UTILITYJI-1AILi~OAD I[ELOCA'FION SCttEDULE
93 52'i 6501 S".E~ 12th Stj Palm Beach 2 "26~'1 "N/A
CI'~ OF DELRAY 'BEACH '.
~. I:aciliticslnv°lved_~9]9~.:~ WATER HAINS-(1) ~xisttnE firb hydrant on 6" wa~er main
Zocated on south side o[ S.E. Z2~h St., bet~ee~ ~edeFaZ Hwy. & OLd Dixie ~.~
(2) ~$sting 12" ~ater ma~n on east side of FedeFal
on ~est Federal II~., ~o~ ~el~ay Hall, Third Section. (4) 4" wa~e~ main on
Del Haven Drive. SANITARY SEWERS-(1) Readjust. manhole rim & covers on sanita'
sewers north s~de.of S~E. 12th St.between Old'Fed. Hwy.& on A~i-A (2)Revise
~l:lelocat[on W¢:,d; Att[icipa~ed (Describe): WATER MAINS- (1)Relocate Existing F.tl. (~ower
~-~-" W:M?(3)In~tll-l' 6" W'7~q ~'cross S.E. 12th St.R/W for future Delray Mal].addJ
tion(4)Ramove 29 LF 4" water main & staml pipe an Del llaven Dr.&install blawoff at end af
pipe. SANITARY SEWERS-(1)Readjust manhole rim & covers to match construction.grades for 5
holes(2)Remove 6" San. Sewer laterals & plug 3 locations on Del ]taven Dr. & A~i-A.
.'
C. Amici~a~ed Relocation Schedule (Ba~ed on normM schedule and 5-day work week~:
ITEM WOR~NG DAYS REoUIRED
Preliminary E~!eer~Dg ' 10 -].
M~terial Procurement 10
Right of Way ~kcquisifion " --
, Contract Negotiations (forutility/railroadwork~ 30 ~ay.s
cohstmcfion (actu~ utHi~/r~Iroad reloea(ion time) 30 : :.
Other: /,). "
"- TOTAL 80
' ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD
(Allow for concurrent actMties) ~ays
.D: · ]Special B~otahon(s) to be included in [-{(ghway Contract SpeeiM ProGsions:
Storm drain S-Z9 shouZd be-shSfted ~. due to 5nter[erence-u5rh exSstSng 6"' S.S.se~Sc~ late:
" Also cheek S-Z6.. PossSbIy 5t wZll have to shSfted to the S; M.H. ~m:&"Covers shaZi be .
adjukted 5n the fSeld after constructSon 5s completed to 5nsure. proper aZSgnmenr. Ali other
york v~lZ be compieted before h~ghway contract adverrSsement.or the beg~nnSng of construe-
tion.
E. Tiffs AGE~NCY proposes to commence ac~al relocation and/or adjustment work: (Check one)
t
~ pr'ior to highway conrracr adverhsement, and reiocafion should he 85
/o.complete by date of
precgnstmction conference. ..
~ concurrently with project advertisement. - ~ '
~. concurrently Mth commencement of highway constmc~on. : : '~- '.":- ::' .'
The above data is based on cofistruction plans and schedules prepared by the DEPARTMgNT, and, therefore,
furnished for informational purposes only. This AGENCY is not responsible for circumstances beyond its normal
control, ltowever, tlm AGENCY will endeavor to [ully.cooperate with. 0~e DEPARTMENT, and its Contractor, ia
ctearin- the nroi~ct rM~t oF way as expeditiously as .oa2ible, .~ />~';~ - '
· ~'UBMI'I'TgD ~OT~ I'H~ AGE~g~ B~:.~. 7_: . "'~:, '. ~,..: ~2' ~._~"- -Date: 5125/~6
Ag~1'gtane~to the City Nng~neer
DEPAR'FMENTAL APPIIOVAI, BY: _ Dat~:
.. District Utility En~n~r ..