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Home My WebLink AboutResolution 87-17 1 1 • 1 . r ` 1 FORM 723-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 2/83 DIVISION OF PRECONSTRUCTION &DESIGN PAGE 1 OF3UTILITY 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 n� ''11 THIS AGREEMENT, made and entered into this 2 day of DeCevn b er 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 Int:erseetion 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: FORM 723-10 2/83 PAGE 2 OF 3 1. The CITY agrees to make or cause to be made allarrangementsfor 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 tor 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 FORM 723-to 2/83 . ' P+AS&3‘0F 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 TRANSPORTA i 1, BY: ,11" Lrt/Wr (SEAL) jL Director,of Preconstruction an. I esign 7 ylATTEST. h.,. I4 . . - Executive Secretary / CITY OF Ocoee , FLORIDA BY` .1.-„,.... ,e...,4=-,./ (SEAL) (Title: MAYOR ) ATTEST: 2 J_- C14 —. Approved as to Form,Legality and Execution 'S �d �z AGNnom. STATE OF F/ORID' :EPARTMENT OF TRANSPORTATION la"i -- / •1.0; ; :03 BY: / ii ,/:41F u t;?; -5; r_, Assistant Attorne 11:o i� `�°� �'` • • j • FORM 723-36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-83 DIVISION OF PRECONSTRUCTION AND-DESIG:i 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 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. RESOLUTION NO. T! ,-• ON MOTION OF CQrmnissioner (Councilman) gQ , seconded by Commissioner(Council- man) , the following Resolution was adopted: WH 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 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 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 75050-6532 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 "1--)I HER BY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the of the City of nonPe Florida at a meeting of said Alva, , held on this 77414 day of , A. D. 198 WITNESS my hand and seal on this day of •�-e.J A. D. 198 B C_ler (City Manager) of the City of • Ocoee , Florida. (SEAL) • • r.. 1/01 STA F FLORIDA DEPARTMENT OF TRANSPO RTAT01 PACE I OF t P.E.C. # 0E-46 DIVISION OF PRECONSTRUcTION & DESIGN • U'T'ILITY RELOCATION SCiIEDULE COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL& R/W JOB NO FAP NO. 75 050 6532 50 Orange 1 N/A N/A UTILITY AGENCY WP#5114536 City of Ocoee State Proj . # 75050-3532 A. Facilities Involved (Detail as to Type and Location): ,Existing 10" watermain South SR 50 from 798ft, to 802ftt. B. ` Relocation Work Anticipated (Describe and Relate to Location on Project): Lower 10" WM from 799ft± to 802ft±. C. Anticipated Relocation Schedule (Based on normal schedule and 5-day work week): • ITEM DAYS ESTIMATED • Preliminary Engineering 2 Material Procurement — Right of Way Acquisition — Contract Negotiations (for utility installation work ) Other — Construction (actual utility relocation time at job site) ( 5 )* ESTIMATED MAXIMUM TOTAL 7 Days ADJUSTED UTILITY RELOCATION PERIOD (Allow for concurrent activities) ESTIMATED MINIMUM TOTAL 5 Days *See Highway Contract Special Provisions D. Special Notation(s) to be included in Highway Contract Special Provisions: E. This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one) N/A ❑ prior to highway contract advertisement, and relocation should be % complete by date of preconstruction conference. • ❑ concurrently with project advertisement. ❑ 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 ;ENCY is not responsible for circumstances beyond its normal control. However, the AGENCY will endeave to ully cooperate with the DEPARTMENT, and its Contractor, in clearing the project right of way as expeditie sly po. ible. Air GENCY'S Field Representatives can be contacted at: Cit of Ocoee Telephone Number: 656-6310 lir SUBMITTED FOR THE AGENCY BY. .1 /I1` .011Mb. Date: .11/ ,/t) � i �DEPARTMENTAL APPROVAL BY: r ��' �.� • C' Date: /0/". .tri Distr. t Ut;-ity gineer