UTILITY RELOCATION MASTER AGREEMENT - RELOCATION FROM PRIVATE PROPERTY/RESOLUTION 82-103
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STITIOF "~ORID'" C!:""'A,~""E""T o,~ TRANS"ORTIT10N
~ DI"'ISION OF RCAO O"ERATIONS
UTILITY RELOCATION MASTER AGREEMENT
RELOCATION FROM PRIVATE PROPERTY
tMunicipell
THIS AGREE~IE!\T, made and entered into this ~ay of 1)6'c~~6~- ,19~ 2-- ,
by and 'behn~en the STATE OF FLORIDA DEPARTMENT OF TRA~SPORTATIO~, hereinafter
referred to a~ the DEPARTMENT, and lhe;CITY of C1PRrwater
a municipal corporation, hereinafter referred to lIS the CITY.
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"AGE I 0,. 5
WlT:\E~SETH:
~rHER EAS, the DEPAR T~]E~T propo~e5 to engage in certain projects for construction.
rccnll"trllction or other change ~f portiolli' of tl]C' State Highway ~y~lem which ~hall call for the
relocatioll of the CITY'S facilitic5 'along, over alld Ullder the highways Oil ~aid projeet5,
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A:\D WHERE.-\S, the plans for said cU/lstruction, reconstructiun or other change are to be
re\'icwed by the DEPARTMEr\T and the CITY; ~tlch utility relocation to hereinafter be designated as
"Relocation Work",
A:\D WHEREAS, under the laws of the Statl: of Florida the expen5e of ~aid "Relocation Work"
may qualify for reimbur~cUlellt to the CITY whl'le CITY'S facilitie5 lie on property ill which the
CITY holds a compell~able intere~t,
A:\D KHERE.AS, the term "cost of relocation" shall include the entire amount paid by the
CITY properly at'iribu table to each such relocation after deducting therefrom any increase in the
value of the new facility and apy salvage value of ~nakrials recorcrcd from the old facility,
1'\0\\, THER EFORE, ill wlIsidcration of the lIIutualulldertakillg ~ herein set forth, the parties
hereto agree as follows:
1. \\1H~11 the DEPARTl\IENT ha~ s;rved all ordcr UIl Ihe CITY regarding relocation of tllc
CITY'S facilities al?ng, over and under property ill which thc CITY holds a eompemable interest, the
CITY hereby agrees to relocate the necessary part:' of said facilities in accordance \\ith the pro\'isions
set forth in DEPARTMEl\T'Rule 014-46.01 ''[tilit)' Accommodation Guide," Florida .-\dministrati\'e
Code, dated ~lay 4, 1970; any supplements thereto or revisions thereof, whidl, by reference hereto,
arc made a part hereof. The CITY further agrec~ to do all of such work with its own forces or by a
cuntractor paid ullder a contract let by the CITY, all ulldcr the :;uper\'i~ion and approval of the
DEPART\]E~T.
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2. The CITY further agrees to fully comply with the pron~lOns of TitleYl of the Civil .
Right5 Ad of 1964 in connection with the "Relocn/ion Work" covcred by this agrcement, and such
compliance \\'ill be governed by the applicable me thud described hereafter:
a. When the CITY \\;ll perforill alLor part of such "Relocation Work" by a
Contractor paid under a contract let by the CITY, then the Appendix "A" of
A5surances attached to this agreement will be included in said contracts let by the
CITY.
b. Whcn the CITY' will p(:rform all of such "RellJcation Work" entirely
\\ith CITY'S forces, then Appendix "A" \If Aswranch is not required,
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c. '\\11en the "Relocation Work" imol\'cd is agreed to by way of just
compen5ation for the taking of CITY'S fal:ilitieslocatcd on right of way in which
the CITY holds a compensable interest. Ihen Appendix "A" Df Assurances is not
required.
d. When the CITY will perform all such "Relocation Work" cntirely by
continuing contract. which contract to pnform all future "Relocation Work" was
executed \\ith CITY'S Contractor prior 10 August 3, 1965, then Appendix" A"
of Assurances is not required.
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3. The DEPART\IENT h{:reby agrees to n'imbursl: lhe CITY for all costs incurred hy it in
each slIch relocation of said faci~ities, in accordallC(~ with lhe provisiom :,d forth in DEPART,\IE:\'T
Prucedure No. 132.046 "Reimbursement for Utility and Railroad Relocation," dated October 1.1973,
and any Hlpplements or re\isions thereof. It is understood and agreed by and between the parties that
preliminary engineering costs not incorporated in the CITY'S plans and estimates, as approved by the
DEPART\IE:\T, shall not he subject to paYI1~nt hy the DEI'ART~)ENT.
4. Plans anQ specifications of the work Lo be performed by the CITY on each project
contemplated under the terms of this agreement arc made a part hereof by reference, upon approval
by the DEPAR'DIENT. All work performcd by the CiTY pursuant hereto shall be performed
according to these plans and specifications as approved by the DEPARTMENT, ana all subsequent
plan changes shall likewise be appro\'ed by the nEPART~lENT. All "Relocation Work" cuvering
facilities to be relocated to a position \\ithin the highway right of way will be accommodated in
al'cordance with the provisions of said "Utility Accommodation Guide," and any supplements thereto
or re\"isions thereof.
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5. AU labor, ser\1ces, materials and equipment fllfllishe~ by the CITY in carrying out the
work to be performed hereunder on each project shall be . ~~lled by the CITY direct to the
DEPART~IE~T. Separate records as to thc cod of contract bid items and force account ilems
performed for the CITY on each projed shall ..Iso be furnished by lhe CITY to
the DEP:\RT~lEl\T.
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6. The CITY and the DEPART)lE~T agree that the method to he u~d in de\'elopillg the
relocation or adjustment cost may he any of the following:
a. :' Actual and related indirect co~t5 accumulated in accordance \\; t h a \\'ork
order accounting procedure P!escri~ed by the applicable Federal or State
regulatory body.
b. Actual and related indirect tOi't~ acculllulated in accordance \\;th an
established accounting procedure dnclopcd by the CITY and appro\"ed b~- the
DEPAR T~IENT.
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c. An agreed lump 5tllll a~ supported by a detailed an,dy:;i~ of e5tim,lted cost,
:iudlspecific sum and analysis to be attached to the CITY'S plans and ~pt:cifications
and appro\'ed by the DEllARTME:\T (:\otc: This method is not applicable where
the estimated cost of the proposed adjll~t ment exceeds $10,000),
The CITY shall clearly state the applicable method in its plans, specifications and estimates as
submitted to the DEPAR'DIENT.
7. The DEI)..-\Rl'~lE~T and the Cll')r agree that the ildjustnlcnt of tIle CITY'S facilities
on indi\-idllal projects may require the operation of the old facility until the new facility is functioning,
If the old facility IllUst remain in operation until tht: new facility is functioning, the rea:on(s) must be
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clearly stated in the CITY'S plans, estimates and "Iwcificatioil~ as submitted to the DEPAR'DIENT,
8, The DEPARTMENT and the CITY agree that the proposed new facilities on individual
projects to be imtalled in the CITY'S system may remain in useful senlee beyond the time when
the overall (old) facility, of which it is a part. i,. replated, If the new facilit~- \\ill remain in useful
scnlce as abo\"c ilnd indieated ill the CITY'~ plans and specifications, or if an entirely new facility is
comtructed and the old facility retired, credit for expired service life will apply and the estimated or
actual credit Illust appear in CITY'S plans and e~tiJllates.
9. The adjustment of the CITY'S facility 011 each project may ill\"olve additional "Relocation
Work" o\"er and aLo\"e the minimum reimbursable rc({uirements of the DEPART~IENT; which
condition shaU he clearly 8tated in the CITY'S plans, estimates and specifications. If upgrading or
nonreimbursable "Relocation Work" ;s in\'oh'ed at the option of the CITY on allY project, then credit
against the cost of the project is required and will be governed by the applicable method described
hereafter:
a. A certain perccntage being applied to the filial billing of work actually
accomplished to determine required credit for betlerme~t: expired service life or
lIollfcimbllfs"blc segmcnts; such perl'cntagc to he c1earl): stated and eXplained ill
CITY'S plam and estimates.
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b. All "Relocation Work" imohing llollfcimbursablc ."cgmellti' being performed
by special CITY \\'ork or job order !lumber apart and separate from reimbursable
;'Relocation Work," such work or job order number to be dearly stated in CITY'S
plans, ~stimates and specifications as ~lIbmittcd to the DEPART~IEl\T. The
Cl Tf further agrees to clearly identify ,-'lIch work areas in the CITY'S "Ians and
specifications for the "Relocation Work" covered undcr this agreement.
c, A certain lump sum creditcd for betterment, expired sen"ice life or non.
reimbursable segments in accord ,\;th Article 6( c) hereinabove and clearly stated
in the CITY'S plans an,d estimates,
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10. It iE i'pecifically agreed by and bet ween the D EP AR T~IENT and the CITY that the
D EPAR DIE~T shall reeei\'e fair and adequak ('redit for <IllY salvage which shall accrue to the
CITY as a re~lIlt of the above relocation work.
11. It is further agreed that the cost of all improvements made during the relocation work on each
project EhaU be borne by the CITY, subject ollly to the DEPARTMENT hearing such portion of
this cost as represents the co~t of relocation of prcviollsly existing facility, less salvage credit as set
forth in tile immediately preceding paragraph.
I::!. Lpon completion of the work on each project the CITY shall, at the earli('~t date practicable,
and in no e'-cnt later than one hundred eighty (180) days following the date of completion of the
"Relocation Work:' by the CITY, furnish the DEPARTMENT with two (2) copies of its final and
complete billing of all costs incllrred in connection with the work on each project performed hereunder,
such statement to follow as ~iosely as possible the order of the items contained in the CITY'S
estimate as approved by the DEPART~IE:'\T. UpOIl the CITY'S failure to submit proper billing
within the 180 day period, the DEPART~IE\T may, at its discretion, audit the CITY'S records
and thereby determine the reimhursable amount. The CITY hereby waives any right of appeal or
protest of stich amount as determined hr audit. The totals for labor, o\crhead, travel expense,
transportation, equipment, material and supplie~, handliug costs, and other senices on each projcd
shall he shown in: Euch a manner as will permit ready comparison with the approved plans and
ei'timates. ~Iatcrials ~hall be itemized where they represent major components or costs ill the
reloeation. following the pattern ~ct out in the approved cstim.tte as closely as po:;siLI~. Salvage credits
from recO\"ered and replaced permanent and recovered temporary materials shall be reported in said
hill in relati\'c position "ith the charge for the replacement or the original charge for tcmporary IIse.
The final billing shall show the description and site of each project; the date on which thefirst
work \\as performed, or, if preliminary engineering right of way items are involved, the date on which
the earlie~t item of hilled expense was incurred: tlae datc on which the last work was performed or the
la~t item of billed expe/l,l,'c was incurred, a/ld the ltlt."ation where t~~e records and accounts billed can be
audited. Adequate reference shall be made in the Lilling to the CITY'S records, accOU/lts ,wd
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other rdnant dOClllllent~. All cost rccord~ and accollnts 1'hall be subject tu audit b~' a repre~entati\e of
the DEPART~lE:\T, Upon receipt of ill\'Oicl'5 prepared in accordance \\ith the pro\'i5ions of the
DEP.\RT'lE:'\T Procedure No. 132-0-16, the DEPARTME:\T agreci' to reimburse the CITY ill
the amount of such actual c05t~ as approved L~ the DEPART~lE~T'S auditor. The DEPART~IE;\T
shall retain tCII percent from allY progre~s p~~'ment=,.
13. The CITY further agrces to indemnif~', defend. and sa\'e hannless and exonerate the
DEPARDIE:)T of and from all liability, claims, and demands for contractualliaLility rising out of the
work undertaken by the CITY, its employees, agents, representatirei', or iti' ~lIbColltract(,Jrs due in
whole. or in part, to conditions" actions, or (Imissions done or committed by the CITY; or its sub.
contr~dors. its emllloyccs, atrent5: reprt:sentati\'cs. lIr its sull':ontractors, It is spcciiicall\' understood
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and agreed that this indemnification agreement doe, not cover /lor indemnify the fJEPAR'OIEl\T for
ib o\\'n negligeucc or breach of this contract.
1:\ "lT~ESS WHEREOF, the partic~ hert'll) h~lre call~(~d the;:e pr('~cllts to Ill> executed hy their
duh' authorized officers, and their official ;:eal.- herelu affi'\cd. the day and "ear first above written,
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(SEAL)
ATTEST:
CITY OF 0 FLORIDA
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(SE,\L)
ATTEST:
ApproHoJ as to Form, Lt~gality and Exet:lIlion
STATE Of FLORIOA DEPARTMENT OF TRA'\SPORL\TlON
BY:
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Ai-,j,lalll AUorney
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UTILITY RELOCA JON MASTER AGREEMENT I
RELOCATION FROM PRIVATE PROPERTY
(Municipal)
Pa g e 6
By
Atte'S)I , ,
~:~-'/~~ W ~~~'v
- ' City el:erk -
Countersigned, rf1~~
Mayor- Commis sioner
rectness:
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RESOLUTION
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No. 82 -102
A RESOLUTION AUTHORIZING EXECUTION OF AN
UTILITIES RELOCATION MASTER AGREEMENT FOR
THE ADJUSTMENT, CHANGE OR RELOCATION OF
CERTAIN UTILITIES WHERE LOCATED ON PROPERTY
IN WHICH THE CITY HAS COMPENSABLE INTEREST;
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
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WHEREAS, the State of Florida Department of Transportation
proposes to engage in certain projects for construction, reconstruction or other
change of portions of the State Highway System; and
WHEREAS, in order for the State of Florida Department of Trans-
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portation to complete said projects, it may be necessary that certain utilities
and facilities located on property in which the City holds compensable intere~t
be adjust,ed, changed or relocated; and
WflEREAS, the State of Florida Department of Transportation having
" requested the City of Clearwater, Florida, to execute and deliver to the State of
Florida Depa;'trnent of Transportation an Utilities Relocation Master Agreement,
agreeing to make or cause to be made such adjustments, changes or relocation
of said utilities and facilities as set forth in the plans and specifications for
that project, and said request having been duly considered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITr
COMMISSION OF THE CITy OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the Mayor, City Clerk, City Manager and City Attorney
be and they are her6by authorized and directed to make, execute and deliver
to the State of Florida Departrnent of Transportatipn an Utilities Relocation
Master Agreement for the adjustment, change or other relocation of utilities
and facilities located on property in which the City holds compel!sable interest,
and for which the City is entitled to be reimbursed for the cost of said
utility relocation.
2. That a certified copy of this Res olution shall be forwarded to
the State of Florida Department of Transportation at Tallahassee, Florida.
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That1thiS Resolution shall become eflctive immediately upon
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its adoption.
PASSED AND ADOPTED thh 4th
day of November, A. D. 1982.
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I sl Char les F. LeCher
Mayor- Commissioner
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Attest:
I s I Lucille Williams
City Clerk
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I, LUCILLE WILLIAMS, duly appointed City Clerk of the
City of Clearwater, Florida, certify the foregoing to be a true and
correct copy of Resolution No.
82-1.02
adopted by the City
Commission on the 4th day of
November
,A.D.J19~.
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WITNESS my hand and the seal of the City of Clearwater, Florida,
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this, 8th da y of
November
,A.D., 19 82.
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City Clerk
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C I T Y b F C LEA R W,A T E R
Interdepartment Correspondence Sheet
TO: Lucille Williams, City Clerk
FROM: Max G. Battle, Public Works Director
COPI ES:
SUBJECT:
DATE:
Utility Relocation' Master Agreement relocation
for private property 722-44
December 14, 1982
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Attached is Utility Relocation Master Agreement
Relocation for Private Property - Form 722-44
and Resolution # 82-102.
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Attached - Original of Utility Relocation Agreement
Resolution # 82-102
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