99-R-03STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ORM
RESOLUTION Irtnmrs
UTILITY AGREEMENT
rnni nin QD_R_nI
FIN. PROJ. ID
SECTION #
STATE RD.
COUNTY
I NO
FAP #
240811-1-52-01
79210-6504
i
442
VOLUSIA
1
240812-1-52-01
79210-6505
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the TDOT", proposes to construct
or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and
WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the City of Edgewater, Florida, hereinafter
referred to as the "UAO", to execute and deliver to the FDOT the agreement identified as UTILITY RELOCATION AGREEMENT
(AT UTILITY OWNER'S EXPENSE), hereinafter referred to as the "Agreement";
NOW, THEREFORE, BE IT RESOLVED BY THE UAO:
That (name) Randy G. Allman , (tit)) Mayor be hereby
authorized and directed to execute and deliver the Agreement to the FDOT
A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement.
ON MOTION of Councilman Hamrond , seconded by Councilman Gornto , the above resolution was introduced
and passed by the HAD on the 19 th day of April 1999. 4//J/
�/ � rZGi.— _
Ran y . Allman
Title: Mayor
City of Edgewater
ATTEST:
Su an J. Wadsworth
Title. City Clerk
R F1-VCIro PAPPR®
SPATE OF F1.ORmA DEPARTMENT OF TRANSPORTATION FORM 710 0I0Q7,R
UTILITY RELOCATION AGREEMENT trrwnFs
(AT UTILITY OWNER'S EXPENSE) avros
Vage I a(3
FIN. PROJ. ID
STATE11I.r-T-1
STATE RD.
COUNTY
DOC NO.
FAP NO.
240811-1-52-01
442
VOLUSIA240812-1-52-01
THIS AGREEMENT, made and entered into this i q i+, day of 1999, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter calledlhe DEPA TMENT,andthe
CITY OF EDGEWATER, a political subdivision of the State of Florida, acting through its City Commissioners, hereinafter referred
to as UTILITY OWNER.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System
designated by the DEPARTMENT as Financial Project ID 240811-1-52-0, State Project No. 79210-3504, Road No. 442 from Air Park Road
to SR 5 (US 1), and Financial Project ID 240812A-52-01, State Project No. 79210-3505, Road No. 442 from SR 9 (I-95) to Air Park Road,
hereinafter referred to as the "Project", which shall call for the location (vertically and horizontally), protection and/or relocation and adjustment
ofthe 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 ofthe mutual covenants hereinafter contained, it is agreed by the patties as follows:
I. 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 ofthe 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 ofthe Project, and all such Relocation Work shall be done under the direction ofthe 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 ofthe 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 DEPARTMENT's
current Utility Accommodation Manual.
T The DEPARTMENT shall famish 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, orsketches showing the Relocation Work
are made a part hereof by reference.
, oof
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 part to conditions, actions, or om fissions done or committed by the UT LITY 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.
10 This agreement shall remain in full force until canceled, and may be canceled by either party upon (60) days written notice.
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.
UTILITY: CI 'OFEDGEW ER,FLORIDA
BY: n DATE:
Ra d G A lma}nn, Mayor — City of Edgewater (SEAL)
ATTEST(s):
Susan Wadsworth, City Clerk
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:
(Title:
ATTEST(s):
I ills:
DATE:
(SEAL)