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HomeMy WebLinkAboutItem III (D) - Approval and Authorization to Execute Utility Relocation Agreement with DOT for Bluford Ave from Hwy 50 to McKey St . _.............._ AGENDA 5-07-91 .=e Item III D •may # ti• a © o °` James W. Shira P.E. Op GOOD CITY ENGINEER/UTILITIES DIRECTOR 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: April 24, 1991 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. i ;.( City Engineer/Utilities Director RE: D.O.T. Utility Relocation Agreement The attached agreement between the City of Ocoee and D.O.T. specifies the duties of each party with regard to relocation of existing utilities during D.O.T. 's upcoming resurfacing of Bluford Avenue from S.R.50 to McKey Street. This project is tentatively set for September of this year. Our involvement will be limited to raising a few valve boxes to match the new pavement surface. I recommend that the City Commission authorize the Mayor and City Clerk to execute this agreement. JWS/jbw Attachment THE PRIDE OF WEST ORANGE • FORM NO. 723-10 [M] 2/91 Page 1 of 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY RELOCATION AGREEMENT (At Municipal Expense) WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO. 5114619 75230-6516 439 Orange #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 CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Job 75230-6516, Road No. 439, CR 437 to SR 50, 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: 1. The CITY agrees to make or cause to be made all arrangements for necessary adjustment or changes of its facilities at CITY'S own expense and in accordance with the provision of Rule 014-46.01 "Utility Accommodation Guide," Florida Administrative Code, and 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 portions 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 under the direction of the DEPARTMENT'S engineer. Form 723-10 [MJ 2/91 Page 2 of 3 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 contractor in the prosecution of such construction or reconstruction work; provided, however, that the CITY shall not be responsible for delay beyond it 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 or 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 keep 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 provision of the law, including Rule 014-46.01. 4. The DEPARTMENT agrees to finish 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 the State's right of way, according to the terms of the standard permit required by the State Statutes for occupancy 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, claims, and demands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, claims, and demands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in 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 contact. 8. The CITY will inform the Departments's appropriate Resident Engineer in writing when they start or resume work on the project. Form No. 723-10 [M] 2-91 Page 3 of 3 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. , CITY: City of Ocoee BY: (SEAL) Title: ATTEST: Title: FLORIDA DEPARTMENT of TRANSPORTATION BY: (SEAL) Robert H. Cortelyou District Director of Production ATTEST: Executive Secretary Legal Review: Date BY: Attorney - FDOT Utility Review: Date BY: District Utility Engineer !OQYM1 ONSI N MOMM ;IF lit ill. i �1