97-R-16
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CITY RESOLUTION
UTILITY RELOCATION AGREEMENT
RESOLUTION NO. 97-R-16
FORM 7l().{)1Q-13
UTILITIES
08/95
WPI# PROJECT # STATE RD. COUNTY DOC NO PAP #
5119232 79210-6506 442 Volusia 1 N/A
A RESOLUTION AUTHORIZING THE CITY'S Vice-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 442.
WHEREAS, the State of Florida Department of Transportation proposes to construct or reconstruct a part of State Road
442 : 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 442 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 EDGEWATER,
FLORIDA:
That (name) Louise A .Martin , (title) Vice-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 442.
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 CounciJman Mitchum , seconded by
and passed by the City of Edgewater on the 16thIay of
CounciJman Hatfield
June , 199-2..
?/
\--( CflW.;'"
, the above resolution was introduced
t/. )iat.t
ATTESTLvll~
(Title: Sulan J. Wadsworth
City Clerk
Mayor/Chairman
Louise A. Martin, Vice-Mayor
~ J....Dd ~ form and correctness
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1/ I -.r/f .-
~;/to' ~c i07/U;?
: KrIsta A. Storey '-'
City Attorney
RECYCLED PAPER @
'w' STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT,,-,
UTILITY RELOCATION AGREEMENT
(AT UTILITY OWNER'S EXPENSE)
FORM 71(}.Olo-27
UTILITIES
07/95
Page I of 2
WPI NO. STATE PROJECT NO. STATE RD. COUNTY DOC NO. FAP NO.
5119232 79210-6506 442 V olusia 1 N/A
THIS AGREEMENT, made and entered into this 16 th day of June
, 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 DEPARTh1ENT is constructing, reconstructing or otherwise changing a portion of the State Highway System
designated by the DEP ARTh1ENT as State Project No. 79210-3506, Road No. 442, from 1-95 to 0.1 mi East of Maplewood Drive,
hereinafter referred to as the "Project", which shall call for the location (vertically and horizontally), protection and/or relocation and
adjustment of the 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
DEPARTh1ENT and the UTILITY OWNER,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows:
1. 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 DEPARTh1ENT for the construction or reconstruction of the Project and
the provisions of the DEPARTh1ENT'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 DEPARTl\1ENT or its contractor
in the prosecution of the Project, and all such Relocation Work shall be done under the direction of the 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 DEPARTh1ENT's right-of-way according to the terms of the relocation
schedule and the DEPARTh1ENT'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 of the DEPARTh1ENT'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
DEPARTh1ENT'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.
7. The DEPARTh1ENT 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 71G-OI(}.27
UTILITIES
07/95
Page 2 of 2
8. To the extent provided by law, the UTILITY OWNER shall indemnify, defend, save harmless and exonerate the
DEPARThfENT, 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 DEPARThfENT for its
own negligence or breach of contract.
9. The UTll..1TY OWNER shall inform the DEPARThfENT's engineer in writing when it starts, stops, resumes and finishes
the Relocation Work.
19. This agreemeHt shall remaiH iH full feree HHtil eaHeellee, aHe may Be eaHeellee BY either part)' \ipSH (60) ea)'s '....ritteR Hetiee.
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.
~~F!DG1:Lt:
BY: V~ ~
(Title: ~Quise A. Martin, Vice-!1.ayor
ATIEST(s): ~ ()r~
/
(T~~: Susan J. Wadsworth, City Clerk
DATE:
'-1. JId for fo~ COrrectness
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". . I ;J4vJW" /
or, /!,',1,J-11. ____ '~. I. I.' /
/ !.....u.......~ ,';"""-'''''''- ~ '111 C/
Krista A. S~~reY'
Cltv AttornAV
Recommend Approval by the District Utility Office
BY:
DATE:
FOOT Approved as to Form and Legality
BY:
DATE:
District General Counsel
STATE OF FLORIDA
DEPARThfENT OF TRANSPORTATION
BY:
DATE:
(Title: District Director of Production
ATIEST(s):
(Title:
(SEAL)
RECYCLED PAPER@
....
.....,
~
Date June 16, 1997
Page ----L- of _
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY RELOCATION SCHEDULE
II....UTIUTYOWNER:
City of Edgewater
II
REIMBURSABLE OR NOTREIMBURSABLE WORK
WPI# PROJECT# << SR # COUNTY DOC# ) ....> ........
I.... ...... ..'1'"
5119232 79210-6506 442 Volusia 1 N/A
ESTIMATED LET DATE-.DecembeL199L-ESTIMATED FDOT START DATE~arch l~~R
This document has been developed as the method for a Utility Owner to transmit to the Florida Department of Transportation
(FOOT), the Highway Contractor, and other right-of-way users the location of their facilities, plans for relocation of them,
and/or protection of them during a FOOT project. The following data is based on FOOT construction plans dated 4I2Q/Q7.
During the project, the Utility shall locate their facilities within 48 hours after notice to their representative Brenda
_Jolmson , at telephone number 12_04) 424-::246_L__~_~_.
On the following pages indicate your existing facilities, any relocation and/or protection planned to them, as well as any
additional facilities expected to be placed, before or during the FOOT project.
Uulityl Agency 's s;gnatur~ 4~~ Utmty Owner's Held Representa';ve:
Prepared hy: NameBrenda_Jo1m~'" Name___CarLMess~
Address X!__9~_~?C_~~00 Address P. O. Box 100
City, State, Zip Edg~t:.e::r:,- FL 32132 City, State, Zip Edgewater, FL 32132-0100
Phone No. -L9-0A1A24:::24fifi.____ Phone No. ~04) 424-2489
Approved for the Florida Department of Transportation by:
Date
R.W. Taylor, Dist Utility Admin.
7195. Woodland Blvd.
DeLand, FL 32720
Utility AreaManager
Phone: (904 ) 941-S2'iD-
Date
UTILITY OWNER'S SPECIAL NOTATIONS: (Use additional space a~ needed)
......
......
Date June U6, 1997
Page
of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY RELOCATION SCHEDULE
II UTILlTYO'NNER:
City of Edge Water
II
PROJECT# .. -- .{ --------{
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5119232 79210-6506 442 Volusia 1 N/A
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*during, before or after
FDOT TRAFFIC CONTROL PLAN PHASE
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(type, size, material) (station: From/To, Elevation, ACTIVITY(S) UTILITY CALENDAR DAYS
& Offset) WORK REQUIRED
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