Fort Walton Beach Resolution — 93-06-Utility Agreement with DOT ‎(ME Cutoff)‎ — reading text

City of Fort Walton Beach —_ America’s Most Beautiful Beaches! Resolution 33-6 FORM 723-36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-09 DIVISION OF PRECONSTRUCTION AND-DESIG.4 PAGE TOF 4 CITY RESOLUTION UTILITY INDEMNIFICATION AGREEMENT COUNTY SECTION UTILITY JOBNO. | STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. 57 110 | 6531 393 Okaloosa r- N/A A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PRO VIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. _ RESOLUTION NO. ON MOTION OF Commissioner (Councilman).2om_Maney , seconded by Commissioner (Council man)—Nick Nicholson __, the following Resolution was adopted: * WHEREAS, the State of Florida Department of Transportation has located and proposes to construct of reconstruct a part of State Road 393 (Mary Esther Cut-Off) 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 393 (Mary Esther Cut-Off) | be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Fort __| Walton Beach . Florida, to execute and deliver to the State of Florida Department of Transportation a Utilitics 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 Fort Walton 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 adjust-| ment, change or rclocation of certain utilities within the Right of Way limits of said State Road 393 Section 21-110 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida 93-6 Department of Transportation at Tallahassee, Florida. FORT WALTON BEACH CITY OF COUNTY OF OKALOOSA L. I WEREBY CERTIFY that the foregoing is a truce and correct copy of a Resolution adopted by the _f CITY COUNCIL of the City of FORT WALTON BEACH * , Florida at a mecling of said | CITY COUNCIL , held on this OTH day of MARCH ,A.D HK_1993 WITNESS my hand and seal on this —_9TH day of __ MARCH .A.D. Pggx_1993 By LMM City Clerk @Gix« ) of the City of , Florida. MAYOR: oeane (SEAL). | WILLIAM J. ROBE The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorneys’ AUTY AYTORNEY LITHO BY VITRO PRESS 8 & oe “ City of Fort Walton Beach P.0. Box 4009 @ Fort Walton Beach, Florida 32549 Telephone (904) 243-3141 FAX (904) 664-2816 March 18, 1993 Billy J. Payne Department of Transportation Utility Department P.O. Box 607 Chipley, Florida 32428 Re: Utility Adjustment for State Job No. 57110-6531 Resurface/Repave SR 393 Dear Mr. Payne: ; Enclosed in triplicate are certified copies or signed originals of City Resolution No. 93-6 for the Utility Indemnification. Agreement, the. Utility. Relocation Agreement and the Utility Relocation Schedule for the above referenced project. All the documents have been approved and executed by the City as shown. If you need any further information, please do not hesitate to call. Sincerely, Wot, D. Monty Jackson | Director of Public Works /nem/DMJ W AMERICA’S MOST BEAUTIFUL BEACHES O ° FORM 723-10 ‘STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 2/83 DIVISION OF PRECONSTRUCTION & DESIGN PAGE 1 OF 3 UTILITY RELOCATION AGREEMENT (AT MUNICIPAL EXPENSE) COUNTY | SECTION|UTILITY JOB NO.|STATE ROAD NO. COUNTY NAME|PARCEL & R/W JOB NO 57 110 6531 393 Okaloosa 1 N/A THIS AGREEMENT, made and entered into this day , 1993, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF Fort Walton Beach, 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 Job No. 57110-6531, SR 393, Road No. Resurface/Repave - f 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, via: 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 poles, pole lines 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: 1. The CITY agrees to make or cause to be made all arrangements for 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 Accommodation 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 QO O° 2/83 PAGE 2 OF 3 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 the DEPARTMENT or its contractor 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 Work" 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 utilities 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 the CITY'S negligence, and that the CITY will not proceed with the "Relocation Work" with its own forces nor advertise nor 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 relocation 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 will 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 the State's right-of-way, according to the terms of the standard permit required by the State Statutes for occupancy of public rights-of-way, and all published regulations lawfully adopted by the DEPARTMENT as of the date of the 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 DEPARTMENT 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. 2/83 PAGE 3 OF 3 8. The CITY, will inform the DEPARTMENTS' appropriate Resident Engineer in writing when they will start or resume work on a project. 9. Paragraph 8 was added prior to execution by either party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SEAL) , Director of Production , ATTEST: Executive Secretary CITY OF Fort Walton Bea@h, FLORIDA (SEAL) William J. R¢berts, 1iI, Mayor ) LZ ATTEST: Hellea Lh dpineo Helen A. Spencex/ City Clerk Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney