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HomeMy WebLinkAboutIV(A)1b Resolutions for FDOT on Utility Relocations PLENA 11-17-87 ITEM IV A 1.b pEc/PROFESSIONAL ENGINEERING CONSUL 7 HN ORLANDO OFFICE • 200 E. ROBINSON ST. • SUITE 1560 • ORLANDO, FLORIDA 32801 engineers (305)422-8062 Affiliate Firm: PEC/W. K. Daugherty Consulting Engineers planners surveyors November 12, 1987 0E-34 Ms. Helen Catron City Clerk City of Ocoee 150 Lakeshore Drive Ocoee, Florida 32761 Dear Ms. Catron: Transmitted herewith are two packages from FDOT which were hand delivered to me yesterday. These two packages deal with utility adjustments required to be performed on City utilities in State Road right-of-way where intersection improvements are to be constructed by FDOT (S.R. 50 at C.R.439 - Bluford Avenue and S.R. 50 at Maguire Road) . Each package contains two copies of a resolution which should be adopted for each project at the City Commission meeting on November 17, 1987. Immediately thereafter, the City should properly execute two copies of the Resolution document and two copies of the Utility Relocation Agreement at the "paper clipped" locations. In accordance with FDOT instructions, the documents should be returned to FDOT no later than November 18, 1987, which may require hand delivery from the City. Please forward one copy of each to this office and return one copy of each for City records. We have taken the liberty of making typographic correc- tions on the documents that were prepared by FDOT, to expedite this matter. We will continue to work with John Cockrell and City staff in implementing the City's utility relocations. If there are any questions, please advise. Very truly yours, PROFESSION ENGIkEERING CONSULTANTS, INC. Tom R. Kelley, P Principal TRK/aa cc: Mr. Teddy C. Ryan, Jr. , City Manager ORLANDO TAMPA CLEARWATER LAKE CITY TAVARES Florida Department of Transportation BOB MARTINEZ GOVERNOR KAYE N.HENDERSON SECRETARY P. 0. Box 47 DeLand , FL 32721-0047 November 2, 1987 Mr. Ted Ryan City Manager NOV 5 : City of Ocoee 150 Lakeshore Drive Ocoee, FL 32671 Attn : Mr. Tony Occhinzzo Re: W.P. #5114537 Section 75050-6532; State Road 50; F .A.P.#N/A County Orange ; Parcel #1 ;R/W N/A Intersection Improvements At C.R. 439 Dear Mr. Ryan : Your preliminary utility adjustment proposal has been reviewed by my office. Please have the proper City Officials executed and return the attached Utility Relocation Agreements and City Resolution no later than November 18, 1987. I will then return copies of each and give final authorization for this work . Your cooperation is appreciated . If you have any questions concerning this matter, please do not hesitate to call . Sincere y, ^ laylor Dist. ct Utility Coordinator RWT Attachments: Forms 723-10 723-36 • • FORM 723-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 2/83 DIVISION OF PRECONSTRUCTION &DESIGN PAGE I OF UTILITY RELOCATION AGREEMENT (At Municipal Expense) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&R/W JOB NO. 75 050 6532 50 Orange 1 N/A WP#5114537 • • • THIS AGREEMENT, made and entered into this day of 198, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF Ocoee 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. 75050-6532 , Road No. 50 Intersection Improvements at CR 439 , 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: _ - • kk { ' FORM 723-10 ' , 2/83 PAGE 2 OF 3 • 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 s. 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 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 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. g' } 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 F 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 - r } •O..I+733-10 2/$3 •• i; 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. gl 4 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 Preconstruction and Design ATTEST: Executive Secretary i. 1 a CITY OF Ocoee , FLORIDA ,Q -BY: .4n (SEAL) Mayo R (Title: ) � ATTEST: Approved as to Form,Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney . 5 k . FORM 723-36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 1.13 DIVISION OF PRECONSTRUCTION AND-DESIGN PAGE I OF I CITY RESOLUTION UTILITY INDEMNIFICATION AGREEMENT COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL& R/W JOB NO. 75 050 6532 50 Orange 1 N/A WP#5114537 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. t RESOL ION NO. rn!/.7 t ON MOTION OF Commissioner (Councilman) Q.444J , seconded by Commissioner (Council- man) , the following Resolution was adopted: • WI1 REAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of State Road 50 , AND WHEREAS, in order for the State of Florida Department of Transportation to further and complete said 1 project, it is necessary that certain utilities and/or facilities within the Right-of-Way limits of said State Road 50 , be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Ocoee , 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 theag of the City of Ocoee , Q 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 relocation of certain utilities within the Right of Way limits of said State Roar_ 50 Section 750506532 . BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. CITY OF Ocoee COUNTY OF Orange &Licit.)I HER BY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the q -�-�'Jij_ of the City of nnnPR , Florida at a meeting of said )&211-413 , held on this4-4c day of , A. D. 1981 , // // WITNESS my hand and seal on this day of ._ , A. D. 198 By 60. 0.., t Chrk� (City Manager) of the City of : Ocoee , Florida. (SEAL) Florida * Department of Transportation BOB MARTINEZ GOVERNOR KAYE N.HENDERSON SECRETARY P. 0. Box 47 DeLand , FL 32721-0047 November 2, 1987 Mr . Ted Ryan City Manager City of Ocoee NOV 5 . 150 Lakeshore Drive Ocoee, FL 32671 Attn : Mr. Tony Occhinzzo Re: W.P. #5114536 Section 75050-6531 ; State Road 50; F.A.P.#N/A County Orange ; Parcel #1 ;R/W N/A Intersection Improvements At McQuire Road Dear Mr. Ryan : Your preliminary utility adjustment proposal has been reviewed by my office. Please have the proper City Officials executed and return the attached Utility Relocation Agreements and City Resolution no later than November 18, 1987. I will then return copies of each and give final authorization for this work . Your cooperation is appreciated . If you have any questions concerning this matter, please do not hesitate to call . Si -r-ly, aylor District Utility Coordinator RWT Attachments: Forms 723-10 723-36 FORM 723-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 2/83 DIVISION OF PRECONSTRUCTION & DESIGN PAGE 1 OF UTILITY RELOCATION AGREEMENT (At Municipal Expense) • COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL&R/W JOB NO. 75 050 6531 - 50 Orange 1 N/A WP#5114536 THIS AGREEMENT, made and entered into thisday of 198_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF Ocoee 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. 75050-6531 , Road No. 50 Intersecti9n improvements at Maguire Road , 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: • FORM 723-10 • ' 2/33 PAGE 2 OF 3 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 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 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 hasreceived 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." 15. 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- r 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 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 FORM723-10 2/13 .` • r 1Ga dor • 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 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 Preconstruction and Design ATTEST: Executive Secretary CITY OF Ocoee , FLORIDA • idd -BY: VC• CA (SEAL) (Title: M4yolt ) �1 ATTEST: Approved as to Form,Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney • ' FORM 723-36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 143 • DIVISION OF PRECONSTRUCTION AND-DESIGN PAGE I OF I CITY RESOLUTION UTILITY INDEMNIFICATION AGREEMENT COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL& R/W JOB NO: 75 050 6531 50 Orange 1 N/A WP#5114536 A RESOLUTION 'AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR • RELOCATION OF CERTAIN UTILITIES WITHIN TILE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PRO- VIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 7/7-13 ON MOTION OF Commissioner(Councilman) ,seconded by Commissioner(Council man) ,. ,the followingResolution wasdo ted: p WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of State Road 50 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 50 , be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Ocoee , 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&Ad?j er of the City of Ocoee , 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 relocation of certain utilities within the Right of Way limits of said State Road 50 , Section 75050-6531 ; BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. CITY OF Ocoee COUNTY OF Oranee I HEREBY,CERTI Y that the foregoing is a true and correct copy of a Resolution adopted by the d....e � b'71L.19GtIsvau-I,0 of the City of Ocoee , F' orida at a meeting o sair dei ru w+?held on this /7 zit, day of ,A. D. 198 7 . WITNESS my hand and seal on this day o ' ' A. D. 198,7 • Clerk (City Manager) of the City of ' Ocoee , Florida. (SIE', L) _,