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Home My WebLink AboutVII (N) Utility Relocation Agreement with Florida Department of Transportation for Silver Star Road (SR 438) Turnlane at Ocoee Hills Road Project Agenda 12-21-99 Item VII N "(ENFER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT °� •> I CITY OF OCOEE OA,MISSONiRS o. 150 N. LARP$I IDRR DRIVE DANNY I IO W F.LI. 0 SO STANDERSON n OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON 'yr �? (407)656-2322 NANCY L. PARKER FP OF GOOD A` CITY MANAGCR ELLIS Si IAPIRO MEMORANDUM DATE: December 10, 1999 TO: The Honorable Mayor and Board of City Commissioners FROM: David Wheeler, P.E.r:OWn,o- Assistant City Engineer/Utilities Director SUBJECT: Florida Department of Transportation Project Silver Star Road (SR 438) Turnlane at Ocoee Hills Road Utility Relocation Agreement Attached for your review is a copy of the Utility Relocation Agreement between the Florida Department of Transportation (FDOT) and the City of Ocoee. FDOT is requiring that this agreement be executed by all utilities in the project area, whether they are or are not affected and/or require relocation of some type. The FDOT project involves the installation of a left turn lane from the east bound travel direction and drainage improvements in the affected area. The attached plans detail the entire project. FDOT's plan is to have the project ready for bidding in the middle of the Spring with construction starting around the end of May. Project duration is projected at three months. FDOT has followed Mayor Vandergrift's request to delay the start of construction until the school year ends. The City of Ocoee has a 2 inch water main that crosses Ocoee Hills Road approximately fifty feet north of the intersection. 'this water main is in conflict with the proposed curb inlets and stromwater drainage pipeline that are being installed on Ocoee Hills Road as part of the FDOT's project. There is a second 2 inch water main crossing approximately 50 feet north of the first water main that is not being used at this time. The water main crossing closest to Silver Star Road was taken out of service and the existing customers were connected to the second crossing. This required the installation of approximately 50 feet of 2 inch poly-tubing and the two connections; the new pipeline is approximately 10 feet off the edge of pavement. This relocation was accomplished on December 6th. Although, the City of Ocoee performed the relocation outside of the FDOT's project, FDOT still requires that a Utility Relocation Agreement be executed between both parties. The Agreement is standard FDOT practice, but does not require the City to do anything more now that the water POW," 11HP.n r FS ig line has been relocated out of the way of the FOOT project. There are no other costs to the City that are anticipated outside of the relocation of the 2 inch water main. I recommend that the City Commission authorize the Mayor and City Clerk to execute the Utility Relocation Agreement with the Florida Department of Transportation and authorize the Engineering and Utilities Departments to lend any assistance necessary. POWt riobst Ocon watef Resources,„^. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 710-910-27 UTILITY RELOCATION AGREEMENT UTILITIES (AT U':ILITY OWNER'S EXPENSE) 07/95 Peggy'I of 2 ".._.._ '9'W',(`f, .._.W�iw 2X1fI.0( ..__ y1L4D'• ' i` .L_ 9il,L;;;_ 239451 1 ORANGE 438 1 N/A THIS AGREEMENT, made and entered into this day of , 199 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY of OCOEE , a municipal corporation, hereinafter referred to as the UTILITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as State Project No. 239451 I , Road No. 438 , from Int. Ocoee hills Rd. hereinafter referred to as the "Project'',which shall call for the location(vertically and horizontally),protection and/or relocation and adjustment of the UTILITY OWNER's facilities on said Project, hereinafter referred to as "Relocation Work"; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made have been reviewed by the DEPARTMENT and the UTILITY OWNER, NOW,THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: The UTILITY OWNER shall make or cause to be made all arrangements for this Relocation Work at its own expense and in accordance with the plans, designs and specifications of the DEPARTMENT for the construction or reconstruction of the Project and the provisions of the DEPARTMENT's current Utility Accommodation Manual, which, by reference, is made a part of this Agreement. 2. The UTILITY OWNER shall perform all Relocation Work so as to cause no delay to the DEPARTMENT or its contractor in the prosecution of the Project, and all such Relocation Work shall be done under the direction of the DEPARTMENT's engineer. The UTILITY OWNER agrees that it will be directly responsible for any legal claims that the Project contractor may initiate due to delays caused by the Relocation Work; provided, however, the UTILITY OWNER shall not be responsible for delays beyond its control. 3. The UTILITY OWNER agrees to locate(vertically and horizontally),and protect its facilities throughout the Projects life. The UTILITY OWNER also agrees to relocate its facilities upon the DEPARTMENT's right-of-way according to the terms of the relocation schedule and the DEPARTMENT's utility permit. 4. The UTILITY OWNER accepts sole responsibility for obtaining all Federal and/or State permits required for this Relocation work. 5. The UTILITY OWNER shall perform all such Relocation Work either with its own forces or by a contractor paid under a contract let by the UTILITY OWNER and under the direction of die DEPARTMENT'S engineer. The UTILITY OWNER shall neither proceed with prosecution of the Relocation Work with its own forces nor let a contract of such Relocation Work until it has received the DEPARTMENT's written authority to proceed. 6. The UTILITY OWNER shall maintain the Relocation Work in good repair in accordance with the DEPARTMENTS current Utility Accommodation Manual. 7. The DEPARTMENT shall furnish the UTILITY OWNER with all necessary construction plans that are required by the UTILITY OWNER to facilitate the Relocation Work. The UTILITY OWNER'S plans, maps, or sketches showing the Relocation Work are made a part hereof by reference. IUHM n01)1027 RiEe ol2 8. To the extent provided by law, the UTILITY OWNER shall indemnify, defend, save harmless and exonerate the DEPARTMENT. its officers, agents and employees of and from all liability, claim, loss,damage, cost, charge, expense and demands arising out of the Relocation Work undertaken by the UTILITY OWNER, its employees,agents, representatives, or subcontractors due in whole, or in pan to conditions,actions,or omissions done or committed by the UTILITY OWNER, subcontractors,employees,agents or representatives. It is specifically understood and agreed That this indemnification does not cover or indemnify the DEPARTMENT for its own negligence or breach of contract. 9. The UTILITY OWNER shall inform the DEPARTMENT's engineer in writing when it starts, stops, resumes and finishes the Relocation Work. IN WITNESS WHEREOF, the parties hereto have caused these presents to he executed by their duly audit rued officers, and their official seals hereto affixed, the day and year first above written. UTILITY: CITY OF OCOEE Set Aii4G4 /.'( si5/141wre- P41t BY: DATE: (Title: ) (SEAL) ATTEST(s): (Title: Recommend Approval by the District Utility Office BY: DATE: FDOT Approved as to Form and Legality BY: DATE: District General Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DATE: (Title: District Director of Production ATTEST(s): (SEAL) (Title: 112111 I lu PAPEN® APPROVED BY: CITY OF OCOEE,FLORIDA Owner By: S. Scott Vandergrift, Mayor Date Attest: Jean Grafton,City Clerk FOR USE AND RELIANCE ONLY BY TIlE APPROVED BY THE OCOEE CITY CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF , 199 UNDER , 199 AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney