HomeMy WebLinkAboutResolution 87-16 FORM 723-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
2/83 DIVISION OF PRECONSTRUCTION &DESIGN
PAGE_IOF_3 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 this 2 nel day of ,D-eCe✓v1 bei-
198.2, 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 bythe DEPARTMENT as Job
No, 75050-6531 , Road No. 50 Intersection 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
2/83
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
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-
pancv 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
FORM 223-to
2/8'3 ... ,
PAGE 3 OF 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 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 TRAN '01 ON
BY: _ - ./ 01(
�`��� ✓
(SEAL)
Director,of Preconstruction and Design
ATTEST /&iK .
Executive Secretary
CITY OF Ocoee , FLORIDA
BY• S
( EAL)
(Title: ,41Ayo2 )
ATTEST: 611-.4")
Approved as to Form.Legality and Execution S i 'S rid £Z i1011 1 J
STATE OF LORIDA DEPARTMENT OF TRANSPORTATION
i
BY: Ari LN
Assistant At •rnev
+ r , •
FORM 723-36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
1-83 DIVISION OF PRECONSTRUCTION AND-DESIGN
PAGE 1 OF 1 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. ps
RESOLUTTI�N NO. e 9 1w
ON MOTION OF Commissioner (Councilman) 14t- ' , seconded by Commissioner (Council-
man) , the following Resolution was adopted:
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
SO , 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 ethu-d „ua .)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 Orange
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the II ka
of the City of Ocoee , Florida
at a meeting of said , held on this 7Z( day of A. D.
198 7
WITNESS my hand and seal on this /61:5 - day of , A. D. 19 8
7
By
Clerk (City Manager) of the City of
Ocoee , Florida.
(SEAL)
3/$3
PAGE 1 OF 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORT.
DIVISION OF PRECONSTRUCTION & DESIGN P.E.C. #0E-45
tl'I'll.ITY RELOCATION SCiIEDUIl,E
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL& R/W JOB NO FAP NO.
75 050 653$ ) 50 Orange 1 N/A N/A
UTILITY AGENCY
WP#51145340ry City of Ocoee
State Proj .#75050-3531
A. Facilities Involved (Detail as to Type and Location):
70ft.- of 10" watermain at structure S-4
and 170ft.- relocated or new 6" watermain along west side (r/w) of Maguire Rd. South
of 50 to avoid structures S-15, S-16, & S-18. Relocate 6" watermain 20' south of S-14.
and S-13
B. ` Relocation Work Anticipated (Describe and Relate to Location on Project): Lower 10" watermain at
point of conflict with proposed 19" X 30" RCP near structure S-4. Relocate 6" water-
main, 36" below grade, 3 ft. West of conflict structures S-15, S-16 & S-18 and 14" x
23" RCP which are proposed items. Relocate 6" watermain • to avoid proposed
stormwater pipe. at S-14 and S-13.
C. Anticipated Relocation Schedule (Based on normal schedule and 5-day work week):
4
ITEM DAYS ESTIMATED
Preliminary Engineering 10
Material Procurement 30
Right of Way Acquisition -
Contract Negotiations (for utility installation work ) -
Other -
Construction (actual utility relocation time at job site) ( 15
ESTIMATED MAXIMUM TOTAL 55 Days
ADJUSTED UTILITY RELOCATION PERIOD
(Allow for concurrent activities) ESTIMATED MINIMUM TOTAL 35 Days
"See Highway Contract Special Provisions
D. Special Notation(s) to be included in Highway Contract Special Provisions:
All existing watermains are to be field located and conflicts verified before approval
for any relocation shall begin by the City of Ocoee's Engineer & D.O.T.
E. This AGENCY proposes to commence., actual relocation and/or adjustment work: (Check one)
❑ prior to highway contract advertisement, aro] relocation should be % complete by date of
preconstruetion conference.
❑ concurrently with project ad'.erlisenu:nt.
® 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 GENCY is not responsible for circumstances beyond its normal
control. However, the AGENCY %%ill endcavo illy cooperate with the DEPARTMENT, and its Contractor, in
clearing the project right of way as expcdilio • po ib . AGENCY'S Field Representatives can be contacted
at: City of Ocoee Telephone Nu►ubei : c56-610
SUBMITTED FOR THE AGENCY BY: • / - I)atc:
DEPARTMENTAL, APPROVAL BY : . / Date: _/177
Dist 'ct I t r Engineer