1964-02 (Utilities Agreement)SRD NO 4 '
` SECTION 91530--6606(26 06)
STATE ROAD
COUNTY OF OKEECHOBEE
Streets in Okeechobee City
R E S O L U T I O N
ON MOTION OF Councilman Gardner, seconded by Councilman Hunt, the following
Resolution was adopted.
WHEREAS, the State Road Department of Florida has located and proposes to
construct or reconstruct a part of State Road
being Osceola Street, Hiepochee Street, Miami Street & Kissimmee
Street, in the City of Okeechobee.
: and
WHEREAS, in order for the State .Road Department k further and complete said
project, it is necessary that certain utilities and/or facilities within the
Road
Right of Way limits of Said State/(Streets in Okeechobee City) be adjusted, changed,
or relocated; and
WHEREAS, the State Road Department having requested the City of Okeechobee,
Florida, to execute and deliver to the State Road Department a Utilities Agreement,
agreeing to make or cause to be made such adjusjiments, 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 RESOVED by the CITY COUNCIL of the City of Okeechobee,
Florida, that they 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 certiin utilities within the
Right of Way limits of said State Road (Streets in Okeechobee City) Section 91530-2606.
Section 91530-6606,260E11i
State Road
County Okeechobee
SRD No. �t
1964, by and between the STATE ROAD DE TMENT OF I - Streets in Okeechobee City
FLORIDA, ` _ _ _......._._.__.___ .__
CITY UTILITY AGREEMENT
THIS AGREEMENT, made and entered into this lith day of Februar7i herinafter referred
to as the Department, and the City of Okeechobee, a municiapl corporation, ie ric c
hereinafter referred to as the City.
WITNESSETH:
WHEREAS, M the Department proposes to construct or reconstruct a municipal
connecting link State Road, which road is known and described as follows: Osceola
Street, Hicpochee Street, Miami Street and Kissimmee Street, in the City of Okeechobee
and,
WHEREAS, in order to facilitate such work it is necessary, that provisions be made
for adjustment, change or relocation of certian facilities and/or utilities within said
City (and owned by the City, whether within the corporate limits thereof or not) and
located within the right of way of said municipal connecting link State Road or
appurtenances.,thereto, viz:
Any and all water mains, fire hydrants, sanitary sewers, gas main] fire and
police call systems, telephone, electrical and telegraph systems, including
poles, po3,1e lines and under-gXonnd facilitie within such right of way.
4here6f �_-arid° a?�y-ether utilities anc ci t e
NOW, THEREFORE, the premises considered, and in consideration of the sum of One
Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged,
and in further consideration of the mutual 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 drainagestructures necessary to
properly drain said municipal connecting link State Road within the said
City, but not otherwise.
2. That � consideration of the Department's undertaking the construction
or reconstruction of said municipal connecting link State Road, which will be
of benefit to the City and its citizens as a City Thoroughfare, the City agrees
to make or cause to be made all necessary adjustments, relocations or changes of its
facilities or utilities where located on public property without cost or expense
to the Department; and further to enter into all necessary, agreements or
arrangements with privately owned utilities wherever situated within corporate
limits, so as to require such utility owners to also mane all necessary
adjustments, relocations or changes of their facitities or utilities, in
order to comply with the plans, designs and specifications of the Department
for the construction or reconstructidx of said municipal connecting link
State Road, prior to the advertising for bids on said project, and file
the same with the Department before such date, such agreements to provide for:
1. Covering procedure for coordinating
the work;
2. Minimization de delays;
3. Method of arriving at compensation
to contractor for delays occasioned -
by the utility's operations;
4. The City's agreement to pay compensa-
tion so determined;
5. An arbitration clause naming the State
Highway Engineer the arbiter and agree-
ing to abide by his decisions.
3. The City further agrees that said adjustments, changes
or relocations of said facilities or utilities will be made by the City,
or privately owned utility companies, with sufficient promptness si as
to cause no delay to the Department or its Contractor ih the prosecution
of such construction or reconstruction work. The City further agrees
that in the event the changes, adjustments or relocation of such facilities
or utilities shall be done simultaneously with the construction
project, thatAwill reimburse, or cause the privately owned utility
companies to reimburse, the contractor directly for art just claim due
to delays caused bytahe City's or privately owned utilities companies'
operations or hindrance to the contractor's efficient prosecution of
the construction work.
49 It is mutually understood and agreed between the parties
hereto;C that the City shall assume the sole responsibility for the neces-
sary adjustment, change or relocation of all of said facilities or
utilities, whether the same be publicly or privately owned; it being
the intent of the Department that the City shall enter into all nego-
tiations and J agreements with privately owned utility companies to
accomplish this purpose, and to see that the City, the Department
and/or its contractor shall be fully protected, defended and
indemnified against any failure on the part of such companies to
properly and promptly perform the necessary work required of them
by virtue of such construction or reconstruction work.
5. The City further agrees that the State Highway Engineer
shall act as arbiter in deciding all questions, difficulties or dis-
putes of whatever nature which may arise under or by reason of this
Agreement, and his decisions relative thereof shall be final and
conclusive upon all parties.
6. The City further agrees that it will maintain and keep
in repair, or cause to be maiimtained and kept in repair, all of such
adjusted, changed or relocated facilities or utilities within the
right of way of said State Road, to comply with all provisions of law
and of the Department's manual with amendments and specifications for
traffic control routing and parking and to conform with the regulations
of the Department pertaining thereto.
7. It is mutually agreed that any attached map or sketch showing
any such facilities or utilities to be adjusted, changed, or relocated is
made a part hereof by reference.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be duly executed.. the day and year first above written.
WITNESSES: STATE ROAD DEPARTMENT OF FLORIDA
BY:
(MEEMIVE D TOR
As to Depa ATTEST: eat e A L)
CITY OF OKEECHOBEE, FLORIDA
Earlaine Johns BY: Clyde Mc Crocklin
PRESIDENT CITY COUNCIL
Corinne Cassel ATTEST:* Lorena Spivey (SEAL)
AS to City CITY CLERK