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2012-R-12
RESOLUTION NO. 2012-R-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; AUTHORIZING THE CITY MANAGER TO ENTER INTO A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE RIDGEWOOD AVENUE U.S. 1/S.R. 5 ACCESS MANAGEMENT PROJECT; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, FDOT proposes the Access Management Project for U.S. 1/S.R. 5 (also known as Ridgewood Avenue) from North of Falcon Avenue to North of Lamont Street (FDOT Financial Identification No. 426889-1-52-01). WHEREAS, the City owns or desires to install utility lines that will be located within the right-of-way and limits of the project"Utility Work". WHEREAS, under the laws of the State of Florida, the City will responsible for certain costs associated with the Utility Work. WHEREAS, the City desires the City Manager to enter into a Utility Work Agreement for the completion of Utility Work identified as being on Ridgewood Avenue U.S. 1/S.R. 5. NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City Council of Edgewater City Council authorizes the City Manager to enter into a Utility Work Agreement, attached hereto and incorporated by reference for the completion of Utility Work identified as being on Ridgewood Avenue U.S. 1/S.R. 5. Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. After a motion by ean6.itncti1 nc kA . with second by it, �.�� ,,� � a. , the ( vote on this resolution is as follows: 2012-R-12 1 O 0 AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy _X Councilwoman Gigi Bennington Councilman Mike Ignasiak x Councilman Gene Ember PASSED AND DULY ADOPTED this 4th day of June, 2012 ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims,Wolfe & Kundid CITY COUNCIL OF THE � YQF TURF A Michael Tho M or Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 44 day of June, 2012 under Agenda Item No 4 2012-R-12 Form No 710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) Financial Project ID: 426889-1-52-01 Federal Project ID: 4857-050-P County: VOLUSIA State Road No.: 5 District Document No: 1 Utility Agency/Owner (UAO): CITY OF EDGEWATER THIS AGREEMENT, entered into this c��/ day of j ON)t , year of O/ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT, and CITY OF EDGEWATER, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as SR 5 from N of Falcon Ave to N of Lamont Street, State Road No.5, hereinafter referred to as the "Project"; and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, under the law of the State of Florida, the Utility Work must be performed at the sole cost and expense of the UAO; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof(the Schedule) and the plans and specifications for the Utility Work which have been previously approved by the FDOT (the Plans), said Plans being incorporated herein and made a part hereof by this reference. If the Schedule and the Plans have not been prepared as of the date of the execution of this Agreement,then the Utility Work shall be performed in accordance with the Plans, and the Schedule that are hereafter prepared in compliance with the notice previously sent to the UAO which established Page 1 of 10 Form No.710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) the terms and conditions under which those documents are to be prepared. The FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans or the Schedule (including location of the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by UAO's own forces or its contractor at the UAO's sole cost and expense. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT's engineer as determined by the FDOT's engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 1 a. c. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit later (Note: Intent of this line is to allow either attachment of or separate reference to the permit). 2. Claims Against UAO a. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will, in accordance with the FDOT's Page 2 of 10 Form No.710-010-55 • Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. b. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. 3. Out of Service Facilities No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active (hereinafter Placed out of service/Deactivated) unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of service/Deactivated: a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of subparagraph 3. e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make Page 3 of 10 Form No.710-010-55 • Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of Service/Deactivated would have qualified for reimbursement only under Section 337.403 (1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time,the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 4. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. Page 4 of 10 Form No.710-010-55 • Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement,then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 5. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES; Page 5 of 10 Form No.710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 6. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. Page 6 of 10 Form No.710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. e. Time is of the essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Tracey Barlow City of Edgewater 104 N Riverside Drive Edgewater, FL 32132 If to the FDOT: Ty Garner FDOT Utilities Department 719 S Woodland Blvd DeLand, FL 32720 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document Page 7 of 10 Form No.710-010-55 Utilities 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document." Page 8 of 10 f F.. N. 71"I S J We.. 1. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: CITY OF EDGEWATER BY: (Sianature) DATE: W 4L` (Typed Name:: T)A rrrn �0,r ) (Typed Title: A� 1-MTVV) Recommend Approval bytheDistrict Utility Office BY: (Signs re) Yv,, f, — DATE: FDOT Legal review BY: (Signs turel DATE: G \9 \z v District Counsel STATE OF FLORIDA DEPARTMENT OF TI BY: (Sianature) I'q: (Typed Name: (Typed Title: D DATE: 6-�U a o/2, Page 9 010 Form No.710-010-55 Utilities 10104 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (at UAO's Sole Expense) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 10 of 10 City of )FW GEWATER INTER-OFFICE MEMORANDUM TO: City Council & Directors FROM: Tracey T. Barlow, City Manager MEMO NO: 2012-060 DATE: June 4, 2012 SUBJECT: Absence Please be advised that Darren Lear, Director of Development Services will be Acting City Manager while I am out of the office due to illness. He will also be attending the Council meeting this evening in my absence. If you have anything that needs to be addressed, Darren and/or Robin will be available to help in whatever is needed. Office of the City Manager P.O. Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1201 •Fax(386)424-2421 www.cztyofedgewater.org RUW 14 TA?E OF FLOPIDA MPARTMEm OF TRMi RTATON �UTILITIES UTILITY WORK SCHEDULE 1rm Pepsldii Financial Project ID: 426661f-1.6"1 Federal Project ID: 4667.OWP County: VOLUSIA State Road No.: 5 District Document NO:1 Utility AgencylVIs r(UAO): CRY OF EDGEWATER A. Summary of thlllty Work And Eascution Estimated Time (calendar days) Total Time Prior To FOOT Project Construction 93.50 Total Time During FOOT Project Construction 960 This document has been developed as the method for a Utility Agency/Owner (UAO) to transmit to the Florida Department of Transportation of their (FDOT), the FDOrs Contractor, and other righl-ol way users, the location, relocation, adjustment, installation, andror protection 2011 Any facilities, on this FOOT project. The following data is based on FOOT preliminary construction plans dated OCT 12 FOOT its contractor from the plans, as provided, may render this work schedule null and void. Upon notification by deviation by the or FOOT of such change, this utility may require additional days for assessment and negotiation of a new work schedule. This DAD Is not DAD not reasonably be anticipated by the UAO and which could not be avoided responsible for events beyond the control of the that could by the UAO with the exercise of due diligence at the time of the occurrence. The UAO agrees to notify the Department in writing prior to starting, stopping, resuming. Or completing work. DAD Project Representative: Brands L Dawess Telephone Number: 386-424 2476 UAO Field Representative: Wayne Mchols Telephone Number: _ 386-424-2494 This document is a printout of an FOOT form maintained In an electronic format and all revisions thereto by the UAO in the form of additions, deletions or substitutions are reflected only in an Appendix entitled "Changes to Form Document" and no change Is made in the this document may refer to changes reflected in the above -named text of the document Itself. Hand notations on affected portions of Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby "Changes represents that no change has been made to the text of this document except through the terms of the appendix entitled to Form Document". You MUST signify by selecting or checking which of the following applies: ® No changes to forms document. ❑ Appendix'Changes to Forms Document" is adached.�_ Number of Attachment Pages. "Erwin fr of eon EOR): Acca ce by Of I UtNitiea: uthorized U111Ay ant: !G (&pp raj (Slenelure) _ lerutrs) Brands L. Dessest Tinrothy W. Linder P.E. Held Trivet (pr~NeeFe) (Prhr[ed Wme) (Printed Name) Director of Env. Services Eng near of Recortl District 5 UWait%P0roel Manager i,(9IM) (East t.) (t) (•ryyhen roqueeW bylhe Detract, UW EOKwill Mmt to mmpeliW- y of pl rm4.pedtcetio. sad tNilltyWork SchedWe) , • •gv I.or El .21.-2 • 5c » 14 g8 m Er 1 ca 3.c o:•p5_ 131 w . 06 o .00E 8c k .Sog v 10.o a € w 0r O N � _ a1 En O` 2 oval '. o. 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C C 1 > ti` S y i ° Pali > +II C D t r+ O U O C Cc 0 00 �- 3 0 ci g 0 u) E n � u)8 (0 0 3 u) 0 co 3 u y 2§§k ƒk P §20 z-ID 80 q ut 0 o CO C 111 � 1 q a 22 02 2 0. 2 0c a =I g ao aOc3 §q a -' ® � ■ b • e C'0 6 % 0 & I p o i � z § ■ ° kW I0 a. 8 )p 0. 7 c § § x f I s § A I 2 © 7 th k 3 § \ ° § g 0 c E J a 0 a i cc_§ . g .0..-2 = § -3 � ®0 2 2 � a .5 2 $ .0 o �� ■ o i5 . § a 0 az 77 I w �� E $ a § `2 � 1 0 13 a 0 ■ to b � � c C 04 A ■ 2 �d $ $ I B 6 ®0a f 8 Ir. M�_ Z@ �� t. .1 o g ■ 2� 7 § . 2 9 § z 1 3 I� I i- b§2 ii ■I o � �� o d eo I EDGEWATER INTER-OFFICE MEMORANDUM EDGEWATER, FLORIDA TO ionnie Wenzel City Clerk FROM: Robin L. Matusicl Paralegal C.A. NO.: 2012-091 DATE: August 3, 2012 SUBJECT: Original/Executed Documents Attached please find a fully executed original of the items listed below for your records/files: 1) FDOT/Resolution#2012-R-12 - a) FDOT Utility Work Agreement; and b) Utility Work Schedule Please forward copies to all appropriate departments. Thanks!!! Copy to: Darren Lear, w/attachments Brenda Dewees, w/attachments Finance Department, w/attachments RECEWED AUG 032012 CITY A TO IN Florida Department of Transportation RICK SCOTT 719 South Woodland Boulevard ANANTH PRASAD,P.E. GOVERNOR DeLand,FL 32720 SECRETARY July 23,2012 Ms.Robin Matusick City of Edgewater 104 North Riverside Drive Edgewater,FL 32132 Financial Project ID#: 426889-1-52-01 County: Volusia State Road: 5(US 1) Document: 1 Federal Aid Project Number: 4857 050 P Limits: North of Falcon Ave to North of Lamont St Job Description: Traffic Operation Improvements Dear Ms.Matusick: The Department has approved the enclosed Utility Work Agreement and supporting documents as submitted for the above referenced project. If your schedule has work"prior to"construction,this work must be completed prior to 10/31/2012. In an effort to see that all work is performed on time, your agency is hereby notified to obtain any and all necessary materials required to complete your utility relocation work as stipulated on your schedule. CES Engineering is in the process of completing the Utility Permit,which will be submitted to Mike Ruland at the Daytona Construction at the address below: 915 South Clyde Morris Boulevard Daytona Beach,FL 32114 (386)943-5761 The items of work as stipulated on your Utility Work Schedule are referenced to the Utility Agreement of record dated 6/20/2012. Your company is required to give written notice to the Resident/Project Engineer, which should be received in his office 48 hours prior to beginning work on the referenced project. You will be notified of the Pre-Construction Conference by the Project Engineer for the purpose of coordinating your utility facilities with that of the projects construction. Should you have any questions concerning this matter, I can be reached at (386) 943-5251 or by email at he l d i.tri vettAdot.state.fl.u s. Sincerely, p2aill. IZIA:VVkat Heidi Trivett D5 Utilities Project Manager hlt Attachments: P. Utility Work Schedule C✓ Utility Work Agreement r Supporting Documents cc: Leo Cortes,District Construction Scheduling Engineer Victor LoPicollo,Resident Utility Coordinator Local Maintenance Office www.dot.state.fl.us vY = City of VD GEWATER June 8, 2012 Florida Department of Transportation Mr. Ty Garner Utilities Department 719 S. Woodland Blvd. DeLand FL 32720 RE: Utility Work Agreement—US 1 Access Management Program Dear Mr. Garner: At their regular meeting of June 4, 2012 City Council approved the above-referenced agreement. Two originals are being provided to you for signature. Please execute both agreements and return one original to me at the address below. Should you have any questions regarding this matter please do not hesitate to call. Sincerely, Z■CMLia- UOAky-0 Bonnie Wenzel, CMC City Clerk Office of the City Clerk P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.cityofedgewater.org