97-R-19
Otlf ~ rftr
'Y' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO~
CITY RESOLUTION
UTILITY RELOCATION AGREEMENT
RESOLUTION NO. 97-R-19
FORM 71().{)I(H3
UTILITIES
08/95
WPI# PROJECT # STATE RD. COUNTY DOC NO FAP#
5119405 79010-6510 5 Volusia 1 N/A
A RESOLUTION AUTHORIZING THE CITY'S Mayor TO ENTER INTO AN AGREEMENT,
ON BEHALF OF THE CITY OF EDGEWATER, FLORIDA, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION, CHANGE OR ADJUSTMENT OF THEIR FACILITIES LOCATED ON
STATE ROAD 2...
WHEREAS, the State of Florida Department of Transportation proposes to construct or reconstruct a part of State Road
-L.:and
WHEREAS, in order for the State of Florida Department of Transportation to further and complete said project, it is
necessary that certain utility facilities alone, over and/or under said State Road 2.. be adjusted, changed or relocated: and
WHEREAS, the State of Florida Department of Transportation having requested the City of Edgewater, Florida, to
execute and deliver to the State of Florida Department of Transportation a Utility Agreement, agreeing to make or cause to be
made adjustments, changes or relocations of said utility facilities as set out in said Agreement, and said request having been duly
considered;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF EDGEW A TER ,
FLORIDA:
That (name) Jack H. Hayman, Sr. ,(title) Mayor be hereby
authorized and directed to execute and deliver to the State of Florida Department of Transportation a Utility Agreement for the
adjustment, change or relocation of certain utility facilities within the limits of said State Road 2...
A certified copy of this Resolution be forwarded to the State of Florida Department of Transportation along with the executed
Utility Agreement.
ON MOTION of t-fAA;\co.Li'w-0vllJ-41.. j11vi-(.".,~, seconded by ('ttveVoA..!lvtd..^.- !4.A-, the above resolution was introduced
and passed by the City of Edgewater on the L/Nay of Auqust ,199-L.
ATIEST:
-d;' 1'~
' / /,
. . ;:(.,,"7\2--/ he: '~/~
(Title: Susari J. Wadsworth
City Clerk
/Jack H. H
/
,
~ tot form and correctne88
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. , ~
O'~G~ ~.
KrIsta A. Sto;-sy
CIty Attorney
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIOl
~TILITY RELOCATION AGREEME~
(AT UTILITY OWNER'S EXPENSE)
FORM 71Q-OJ(}-27
UTIUTIES
07/95
Page 1 of 2
WPI NO. STATE PROJECT NO. STATE RD. COUNTY DOC NO. FAP NO.
5119405 7901O~51O 5 V olusia 1 N/A
TIllS AGREEMENT, made and entered into this Lj ~ day of August
,199 7 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the DEPARTMENT, and the CITY of Edgewater, a municipal corporation, hereinafter referred to as the
UTILITY .
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System
designated by the DEPARTMENT as State Project No. 79010-3510, Road No. ~, from Intersection of Falcon Avenue to
, hereinafter referred to as the "Project", which shall call for the location (vertically and horizontally), protection and/or
relocation and adjustment of the U11LITY 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 U11LITY OWNER,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows:
1. The U11LITY 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 DEP ARlMENT for the construction or reconstruction of the Project and
the provisions of the DEPARlMENT'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 DEPARlMENT or its contractor
in the prosecution of the Project, and all such Relocation Work shall be done under the direction of the DEPARlMENT'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 DEPARlMENT's right-of-way according to the terms of the relocation
schedule and the DEPARlMENT's utility permit.
work.
4. The UTILITY OWNER accepts sole responsibility for obtaining all Federal and/or State permits required for this Relocation
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 U11LITY OWNER and under the direction of the DEPARlMENT'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
DEPARlMENT's written authority to proceed.
6. The UTILITY OWNER shall maintain the Relocation Work in good repair in accordance with the DEPARlMENT's current
Utility Accommodation Manual.
7. The DEPARlMENT shall furnish 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, or sketches showing the Relocation Work
are made a part hereof by reference.
~
.....
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FORM 710-010-27
UTIUTIES
07/95
Page 2 of 2
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 omissions done or committed by the UTILITY 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 agfeemeat shall remala ia full feree !ifltil eaaeellea, aaa ma)' be eaBeellea by either party !ipSH (eO) aays writteH aotiee.
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 Clerk
DATE, ~1/4Ift/
(SEAL)
~~d for form end oorrlc.n_
~~~tv
KrIsta A. Storey !I
\.IllY l\uQrm:J)'
BY:
Recommend Appl'oval 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:
DATE:
(Title: District Director of Production
ATTEST(s):
(Title:
(SEAL)
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