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Res 18-73 IrOFIILI 722-60 ~,TAT£ OF' FLOIr~IDA D~2PA~TM£NT OF TRANSPOHTATION CITY RESOLU1 ION ~ILITY INDEMNIFICATION AGREEMENT COUNTY SECTIO~ UTILITY JOB NO. STATE ~O~%D NO.i couNty NAME PARCEL & E,,~V JOB ~3 0~n 6510 5 Palm Beach 1 NA A R~OLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR TIlE· A~JUSTMENT, CIIANGE OR " ' ~LOCATION OF CERTAIN UTIHTIES B~TIIIN TtIE RIGIIT-OF-~'AY LIMITS IIEREAFTER DE~CRIgED, ~ND PRO. ~I~G WHEN THIS RESOLUTION SIBYL TAKE EFFECT. ON MOTION OF ~fi~~(Councilman) r.~nn M_ ~k~ ; ~eonded b7 ~~r (Council- man)~, h. 8aunders ~ the following Resolution was adopted: WI!EREAS, the State of Florida Dep~rtment of Transportation has located and proposes to .construct or ~ec°nstruet a part of S~te Road , ~ND WtlEREAS, i~ 9rdcr for the State o~ Florida Department o[ Transportation to further and com[~Ict~ sa~d ~roject, it is necessary ~hat certain utilities and/or facilities xGthin the Right-of-Wa7 limits of said State Road _ 5 , be adjusted, changed or relocated, AND wIIEREAS, the State of Florida Department of Tranq~ortation ha;Sng rcqucstcd t~e City of BEA~ Florida, to execute and deUver to thc S~ate ~f Florida Department of Transportation a ~tilities Agreement, agreeing to make or cause to be made ~uch a,Jjustmcnts, changes or relocations of said uti~tles and/or facilities as set out in said Agreement, an) said request }taxing been duly considered,' · NOW TIIEREFORE, BE IT RESOLYED by thc ci t.y cnnncil- ' of the City of DEL~Y BEA~, ~orida, that the Mayor and Clerk (City Manager) be and they are. hereby authorized and directed to makc, ~ecute and deliver to the State of Florida Department of'Transportation a Utilities A~eement for thc adjust. mcnt, chan[c or relocation of certain utilities within the. Right of Way Hmits of said State Road 5 BE IT FURTIIER RESOLVED that a certified copy* of this Resoit:tion be forwarded to thc State of Florida Dep~tmcnt Of Transportation at Tallahassee, Florida. PASSED ~ND ADOPTED Dy the CLty Council in reqular session on this 9th day of April, 1973. ci'ty Clerk CITY oF DELRAY'~EAO! ~ · 'COUNTY OF PAL:'! BEACH I ilEREBY CERTIFY that thc foregoing is a true and correct cop)' of a Resolution adopted by thc at a meeting df said . .. e~ ~-y. Ccmne¢ ~ , held on this q ~-h ..... clay of ~ ap~'i a ~ A. D. WITNESS my hand and seal on this loth,, clay of .. ~n.~il ,,'CY ,_A. D. ~97..-t-~ · -... .. . i Delray Beach II ' ;Florida. ! (SEAl,) . FORM 722-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7-71 DIVISION OF ROAD OPERATIONS PA~E I OF ~ UTILITY RELOCATION AGREEMENT (At Municipal Expense) 93 010 6510 5 ~alm Beach 1 NA THIS AGREEMENT, made and entered into this. ~ day of ~ V ' 197~__, by and between the STATE OF FLORIDA DEPARTME~k~f ~}~SPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF , a municipal corpOration, hereinafter referred to as thc CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System %esignated by the DEP~%5~E~T 12 ~t' Job' No. 93010-6510 , Road No. between (LINTON BOULEVARD) to and N. of SE 12 St.(LiNTON BOULEV2~R~ll, 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 pohce call systems, telephone, electrical, telegraph and TV-cable systems, including polgs, pole hnes and underground facilities thereof, and any other 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: FORM 722-19 PAGE: Z OF 3 1. 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 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, arc 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 World' will be done under the direction of thc DEPARTMENT'S engineer; and the CITY further agrees that in the event thc changes, adjustments or relocation of such facilities or utihties are done simultaneously with thc 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 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 facilities 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." 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 P.4~G~' :3 OP' :3 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. STATE OF FLORIDA WITNESSES: DEPARTMENT OF TRANSPORTATION ' ~irector of Administratiol/ ~ t/~*.~~~'-~ AT~EST: ~ ~O~(SEAL) As to the DEPARTMENT Exect~e Secretary DELRAY BEACH CITY OF , FLORIDA As to CITY ~TY CLER~ ~ Approved as to Form, Legality and Execution BY/(~'~'~Assis~nt ~~ ~//~~~ FORM '/22-05 STATE OF FL, ORIDA DEPARTMENT OF TRANSPORTATION PAGE I OF L, DIVISION OF ROAD OPERATIONS 9-7o UTILITY/RAILROAD RELOCATION SCHEDULE COUNTY ISECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&: R/WJOBNO. FAP NO. 93 010 6510 5 Palm Beach 1 ~q AGENCY CITY OF DELRAY BEACH 1. Facilities Involved (Detail): .... WATER AND SANITARY SEWER LINES AS SHOWN ON DOT DRAWINGS. 2. Relocation' Work'Anti~ipated '(~)es~ribe): NONE 3. Anticipated"R~10~t~ion Sche~lul~ "(Ba's~d on'~ormll 7chedule and 5-day work week): ITEM WORKING DAYS REQUIRED Preliminary Engineering 0 Material Procurement 0 Right of Way Acquisition 0 Contract Negotiations (for utility/railroad work) 0 Construction (actual utility/railroad relocation time) ( 0 ) Other: ... 0 TOTAL 0 Days ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD (Allow for concurrent activities) ~ .Days 4. Special Notation(s) to be included in Highway Contract Special Provisions: 5. This AGENCY p;oposes io'comm~ncc ~ctnai'relo~'ati'on and/or adjustment work: (Check one) prior to highway contract advertisement, and relocation should be/~ c9% complete by date of preconstruction conference. E2 concurrently with project advertisement. ~Z~ concurrently with commencement of highway construction. The above data is based on construction plans and schedules prepared by the DEPARTMENT, and, therefore, is furnished for informational purposes only. This AGENCY is not responsible for circumstances beyond its normal control. However, the AGENCY will endeavor to fully cooperate with the DEPARTMENT, and its Contractor, in clearing the project right of way as expeditiously as po~l~ .~ ~ SUBMITTED FOR THE AGENCY B-~-~]i~~~--~, ~-~,? Date: DEPARTMENTAL APPROVAL BY:~~~~ -- Date: ~*~' District Utility Engineer F!orxd Dep rtrnent of Transportation REUm. o'o. ~s~w ~ ~1 WA~. ~..~w~ GOVERNOR L~ SECRETARY Division of Road Operations P. O. Box 22838 Fort Lauderdale, Fla. 33315 March 8, 1973 Mr. Elliot Mariot City Manager City of Del ray Beach lO0 NW Fi rst Ave. Delray Beach, Fla. 33444 RE: Section 93010-6510, State Road: 5, Palm Beach County Parcel 1 (R/W NA) From S. of SE 12 St. to N. of SE 12 St. B.I. 418042 Dear Mr. Mariot: Your preliminary adjustment proposal has been reviewed by the Department, and after reviewing this assembly we concur that this work is not eligible for reimbursement from Highway funds. Please prepare the final agreement assembly using the attached information sheet as a guide. Any necessary construction plans, relocation schedule forms or legal drafts will be sent to your office under separate cover. If you do not have any adjustments or relocation work, please note same on schedules along with your signature, and date; and return to this office for our further handling. Ple~ee consider the following items during your preparation of the detailed adjustment proposal. 1. Suitable arrangements must be made between your Agency and the Depart- ment for accomplishing, scheduling, and completing the relocation or adjustment work, for the disposition of facilities to be removed from or abandoned within the highway right-of-way, and for the proper coord- ination of such activities with the planned highway construction. Please complete the attached schedule form to cover your scope of work statement and your proposed relocation schedule. 2. The major components of all existing and proposed facilities must be indic- ated on the plans, such as pipe size, type of pipe material/class, operating and/or design pressure. We request an early return of the above, so that we can make a May letting. Your~ .~e~y t~uiy, ~B~r~ J,×Conti, District Utility ~ngineer BJC:JMA:sw cc: Mr. E. M. Salley, State Utilit~ Engineer FORM 722-22 STATE OF FLORIDA D,,PARTMENT OF TRANSPORTATION 3-7! DIVISION OF' ROAD OPERATIONS ,'At-', oF, FINAL NEGOTIATION PROCEDURE ° UTILITY RELOCATION AGREEMENTS Your Agency will receive, under separate cover, highway construction plans covering the area in which your facilities are located. Included in thc assembly will be draft copies of partially completed agreement forms together with a Relocation Schedule format designed to cover thc proposed work. Your assistance in preparing the request in the following prescribed manner will bc appreciated. 1. UTILITY PLANS - The plans should be sufficiently detailed so a determination can be made that all indicated work is necessary, that the planned adjustment will meet with all design policy requirements of the Department, and that such plans represent the most economical means of making the adjustment. For REIMBURSABLE work, the plans should be detailed so that quantities of major items of materials can be correlated with like items and quantities as they appear in the estimate. Major highway construction elements such as pavement areas, bridges, drainage structures, right of way lines and widths, control of access lines and highway stationing numbers should also appear on the utility plans. Construction plans prepared by your office in lieu of marked Department plans will be satisfactory, provided they meet all of the above mentioned requirements. The plans should be marked with the following color code: Green line - for all existing facilities to remain in place Red line - for all existing facilities to be removed or abandoned Brown line - for all proposed new construction One set of the completed plans should be returned to thc Department with each copy of the Utility Agreement as part of the legal assembly. 2. UTILITY ESTIMATES - For REIMBURSABLE work, it ;viii be required that estimates cover all such work as indicated by the plans and the particular agreement form to which the estimate is attached. Estimates must be prepared in a manner that will conform to the requirements of Deparhnent Procedure 132-046. Particular attention should be ~vcn to the form of estimate to insure compliance with these regulations. It should be noted that Section 6.f of Procedure 132-046 states: "Thc estimate in support of the agreement shall set forth the iten~s of work to be performed, broken down as to estimated cost of labor, construction overhead, materials and supplies, handling charges, transportation and equipment, rights of way, preliminary engineering, and construction engineering, includin,- an itemization of avvropriate credits for salvage, betterments, and'expired service life, ali in sufficient detail to provide the State and Division Engineer a reasonable basis for analysis." Estimates which leave justification of items or amounts to the presumption of thc reviewer cannot be accepted. Tile factors that will be included in thc Agency's construction overhead acconnt shall be set forth. Items or' materials arc to bc itemized when they represent relatively major ~ompo- nents or costs in tile relocation. ()nc estimate assembly must bc prepared for each copy or' thc agreement. Each assembly must also include your scope of work statement and Relocation Sched- ule as outlined on the Schedule form. The Sc~hcdule form should also include any special notice or instruction to the highway contractor that should be included in the project's special provisions. 3. UTILITY AGREEMENTS - All copies of the agreement drafts furnished should be properly com- pleted. Legal execution is required only on the original and counterpart copy assigned to thc ~b- mitting agency. All copies si,ould be returned to tile Department with the completed assembly. All distribution by facsimile copy will bc properly notarized by the Department. Your Agency is not authorized to begin any cons.~uction work until you receive notice that the agreement has been approved and executed.