UTILITY RELOCATION MASTER AGREEMENT
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY IOF CLEARWATER
Interdepartment Correspondence Sheet
Lucille Williams, City Clerk
Max G. Battle, Public Works Director
Utility Relocation Master Agreement dated 12/6/82
December 14, 1982
Attached is original Utility Relocation Master
Agreement which has been executed by the City
of Clearwater and State Department of Transpor-
tation.
Form 722-63
Resolution 82-103
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STATE OF FLORIDA DEPARTMeNT OF TRANSPORTATION
DIVISION OF' "'OAD OPEAATlOHS
UTILITY RELOCATION MASTER AGREEMENT
(At Municipal Expense)
THIS AGREEMENT, made and entered into this ~ ~ day of j)&ceh?/~~ , 19l3.k..,
Ly and L\'twt~cn the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATlO:'\, hereinafter
referred to as the DEPARTMENT, and~thc CITY OF ('1 p;:n~t-pr "
a municipal co~poration, hereinafter referred to as the CITY.
WITNESSETH:
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WHEREAS, the DEPARTMENT proposes 10 engage in ~ertaill projects for construction, recon.
struction or other change of portions of the State Highway System which shall call for the relocation
of CITY'S facilities along, over alld under the highways 011 said projects, viz:
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All)' illld all CITY owned or operatl.'d wakr llIaills'-firc hydrauts, silllitary scwers, gas
mains, fire and police call systems, telephone, electrical, telegraph and TV -cable sys-
tems, including poles, pole lines and underground facilities thereof, and any other CITY
owned or operated facilities or utilities within the limits of said projects,
AND WHEREAS, the plans for said construction, reconstruction or other change are to be reo
\'iewed Ly the DEPARTMENT and the CiTY; sUl'h utility relocation to hereinafter be designated as
"Relocation Work".
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AND WHEREAS, under tl.1C laws of the Stale of Florida said "Relocation Work" must be accom.
plifo'hcd at the sole expense of the CITY when CITY'S facilities lie on property in which the CITY holds
no compcllsable interest,
NOW, THEREFORE, in consideration~of the mutual.:ovenants hereinafter contained, it i~ agreed
by the parties as follows:
1. When the DEP AR Tl\1ENT has served an order on the CITY regarding relocation of the
CITY'S folcilities along, over and under propert) ill which the CITY holds no compensable interest,
the CITY agrees to make or cause to be made all arrangements for necessary adjustment or changes of
its facilities at CITY'S own expense and in accordance with the provisions of Rule 014-46.0] "Utility
Accommodation Guide," Florida Administrati\'e Code, dated May 4, 1970; any supplements or re-
vi!!ions thereof as of the date of this Agreement, which, by reference hereto, are made a part of this
Agreement; and the plans, designs and specifications of the DEPARTMENT for the construction or
" reconstrl]ction of said portions of the State Highway System, prior to the advertising for bid on said
project. The CITV further agrees to do all of such work with its own forces or by a contractor paid
under a contract let Ly the CITY, all under the directions of the ,DEPAltTMENT'S engineer,
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2. The CITY further agrees that sjid adju~tmcnts, changes or relocation of facilities will be
maoe b)' the CITY with sufficient promptness so as to cau~e no delay to the DEPART!\IEl\T or its
contractor in the prosecution of sueh construction or reconstruction work; provided, howe\'er, that
the CITY shall not he responsible for delay' he)'und its control; and that such "Relocation Work" will
be done under the direction of t,~le DEPARTt\IEl\T'S engineer; aud the CITY further agrees that in
the C4'ent the changes, adjustments or relocation of such facilities or utilities are done simultaneously
with the construction project, that it will be diredly respunsible for handling of any legal daims that
the contractor, may initiate due to delays caused by the CITY'S negligence; and that the CITY will
not either proceed with the "Relocation Work" with its own forces or advertise or let a contract for
~ such work until it has received the DEPARTMENT'S \Hitlen authority to proceed.
3. The CITY further agrees that it will lllilintain and keep in repair, or cause to be maintained
and kept in repair, all of such adjusted, changed or relocated CITY owned or operated facilities or
utilities within the right of wa)' of said portion of the State Highway System; and to compl)' with all
pro\'isions of the law, including Rule 014-46.01.
4. The DEPARTMENT agrees to furnish the CITY with all necessary highway construction
plans that are required by the CITY to facilitate the CITY'S "Relocatio~ Work,"
;). The VEPART~IENT further agrees that the CITY lIlay relocate its facilities upon the State's
right of wa)', according to the terms of the stalldanl permit required by the State Statutes for occu.
pancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT
as of the date of this Agreement.
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6. It is mutually agreed that the CITY'S plans, maps or sketches showing any such facility or
utility to be adjusted, changed or relocated on any illdividual "Relocation Work" project are, when
approved by the DEPARTMENT, made a part hereof b)' reference.
1. The CITY further agrees to indemnify, defend, and save harmless and exonerate the
DEPARTMENT of and from aUliahility, claims, and demands for contractual liability rising out of the
work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in
whole, or in part, to conditions, a~tions, or ollli:-;~i()IIS dOlle or committed Ly the CITY; or its sub.
cOlltract~rs, its employees, agents, representatives, or its subcontractors. It is specifically understood
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and agrecd that this indcmnification agreement d(ic~ /lot C<J\W 11M indemllify the DEPARTJ\JENT for
its own negligence or breach of this contract,
IN WITNESS WHEREOF, the parties hereto have causcd these presents to be executed by their
duly authorized officers, alld their official seals hen'to affixed, the day and year first above written.
ST A TE OF FLORIDA
DEl'ART~IENT OF TRANSPORTATION
(SEAL)
BY;
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CITY OF ~. , FLORIDA
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(Title: )
BY:
(SEAL)
ATTEST:
Apl,roved.ti to F'orm.legality and Execution
STATE OF FLORIDA DEPARTMENT 0.' TRANSPOKTATION
I:lY:
A ssisl all t Attorney
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, UTILITY RELOCATbN MASTER AGREEMENT
(At Municipal Expense)
Page 6
By
A ttes t:
.;'c~J~L~,
/. City>;lerk
counterSigned:~ ~
Mayor- ommissioner
rectness:
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Department of Transportation
BOB GRAHAM
GOVERNOR
PAUL. N, PAPPAS
SECRETARY
Post Office Box 1249
Bartow, Florida 33830
December 8, 1982
Mr. Max G. Battle, City Engineer
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
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UTILITY RELCX'ATION FOR HIGHWAY CONSTRUCrrON
MASTER AGREEMENT
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Dear Mr. Battle:
We are pleased to enclose your executed counterpart of the subject
relocation agreement. The cost of utility relocation WDrk, if any,
that is accomplished under the terms of agreerrent Form 722-83 will
be the resp:msibili ty of parties other than the Department.
utility relocation \\Drk completed according to agreement Form 722-84 '
will be reimbursed in accordance with the provisions set forth in
Department Procedure No.: 132-046.
Please accept our congratulations on the fine rranner in which the
City of Clearwater responded to our proposal. 'Ihe obvious savings in
m::mey and time can now be passed on to those citizens who look to you
for gcx:xl utility service and to us for a responsive transportation
program.
Sincerely,
W. L. Anderson
District utility Engineer
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Bill~. ~ay6e
Assistant Utility Engineer
WLA!BJP Irm
Enclosure: F-722-77, F-722-77R
cc: E. M. Salley,
DEe I 3 1982
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