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UTILITY RELOCATION AGREEMENT - HAINES BAYSHORE & SEVILLE BOULEVARD '.' !or .' _' , .' . . FORM 722-10 1-74 PAGE 1 OF 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF ROAD OPERATIONS UTILITY RELOCATION AGREEMENT (At Municipal Expense) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL a R/W JOB No,l 15 150 6543 Sf, (US 19) Pine11as 1 N/A THIS AGREEMENT, made and entered into this 1" <t day of r- ' 1~D-, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF Clearwater , a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Job No. 15160-6543 , Road No, ~5 ~~H"il1es Bay.bore and 'Seville Blvd. , which shall call for the relocation of the CITY'S facilities (owned by the CITY, whether within the corporate limits thereof or not) along, over and/or under said highway, viz: Any and all city owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV -cable systems, including poles, pole lines and underground facilities thereof, and any other CITY owned,or operated utilities and facilities within such right of way, AND WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the D EP AR TMENT and the CITY, said above described utility relocation to hereinafter be designated as "Relocation Work," NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: '.: .. ~'i) '# :. -.. '-' f ~ [cORM 722-10 PAGE 2 OF 3 . - 1. The CITY agrees to make or cause to be made allarrangementsfor necessary adjustment or changes of its facilities where located on public property at CITY'S own expense and in accordance with the provisions of Rule 014-46.01 "Utility Accommodation Guide," Florida Administrative Code, dated May 4, 1970; any supplements or revisions 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 reconstruction of said portion of the State Highway System, prior to the advertising for bid on said project. The CITY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the CITY, all under the direction of the DEPARTMENT'S engineer. 2, The CITY further agrees that said adjustments, changes or relocation of facilities will be made by the CITY with sufficient promptness so as to cause no delay to the DEPARTMENT or its con- tractor in the prosecution of such construction or reconstruction work; provided, however, that the CITY shall not be responsible for delay beyond its control; and that such "Relocation WorJ(' will he done under the direction of the DEPARTMENT'S engineer; and the CITY further agrees that in the event the changes, adjustments or relocation of such facilities or utilities are done simultaneously with the construction project, that it will be directly responsible for handling of any legal claims 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 8Uch work until it has received the DEPARTMENT'S written authority to proceed. 3. The CITY further agrees that it will maintain 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 way of said portion of the State Highway System; and to comply with alJ provisions of the law, including Rule 014-46.01. 4. The D EP AR TMENT agrees to furnish the CITY with all necessary highway construction plans that are required by the CITY to facilitate the CITY'S "Relocation Work." 5. The DEPARTMENT further agrees that the CITY may relocate its facilities upon the State 's right of way, according to the terms of the standard 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 th~ date of this Agreement, 6. \It is mutually agreed that the CITY'S plans, maps or sketches showing any such facilities or utilities to be adjusted, changed, or relocated are made a part hereof by reference, 7. The CITY further agrees to indemnify, defend, and save harmless and exonerate the DEPARTMENT of and from all liability, claims, and demands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in ,'i' ,',' ""~;;'''''l'' \~~" ~ >11- ~ ~I~' .~ii.. ,,I "~i;; :"'~2i.;j,o .,.. NI"....~.J!,:; il:;~fl~l :,:;:j;[;'d d;'!'!] , ;, ,i, .',,' , ' 'Whole, or ill part"",toi ' ~~~qri~dol1e:~~~~if;te~ by 'the CITY; or its '~<,-~:(_I_, ,"'; ~ _: _ i '_", ,~- " ,'-, _, ,J':;.' ~co~n:a~tQrs, its ,,'l, ,! ;" ",' ", ",\ .';,~~+r~es,Of,'\~;H"()ntracllors. It is, specifically "UAd~and ~'~t1iat~'~emeJlt':~~ot covernQl indemnify the," qEP_TMENT f~jt8 Q~~JI~~!~~jlC~., ,;'t ')!l~i"!; 1;,"') '!~"!T~~' . , -,,', ' , , lJN:\VlTN:ESSWfrlSll~!.,~;,,~~,~~tUa\'~ca~d this instrument to ,be dulY;,e~ecuted, the d4~and'year rU'8t~e~j;;~': "e ,;;, ' " , . ~: ,: '!i~.l;: :...' "-, : ,--- ; '-~ i~-:~::~;_:"'<' ::'-', ,r> ::' ,,_:~,:, :_'_,+~ '-~Hrl!Y:;. - i. ' " ~~~~';":'''j 'i!".;!: ~~~F;' ;,,:i~Th~~~~;~\'il~~~/ :-r; ~,. : t:' ~ 'i, f [,:-',. .. '.~ " ':.j,';.J':oij~;;': ') (SAAL) S'04Iti\ft).yn-<<l _ I-I 7~ .- -""GE I OF I STaTE" F FLORIDA DEI'A~TMENT ::>F TRANSPORTATION, DIVISION OF ROAD OPERATIONS . , ITV/RAllROAD RElOCATION SCHEDU~~_ S ,~.T/~ ['COUNTY SiECTION UTILITY JOB NO, STATE ROAD NO. COUNTY NAME PARC' i 15 150 6543 55 (US 19) pinellas 1 ':L Be R/W JOB NO. FAP NO. ~ f I , ~ N/A A(; E.\'CY CITY OF CLEARWATER \. Facilities Involved (Detail a:; to Tvpe and Location): City of Clearwater has 8", 10" and 12" water lines and 81', 10" sanitary sewer force mains, also 1211 casing at various locations along the project. 3, Edoeation \\ork Anticipated (D(~:,cril~e alld Relate to Location 011 Project}: Tne City of Clearwater proposes to relocate and/or adjust 8", 1011 & 12" water lines, 8" & 10" sanitary sewer force mains and 12" casing at various locations along the project. \I~!i~'ipalc(l,}~do,'alioll :,cl\('dllkJ.!h~ed 011 lIorIJlal_~:llt'dll~c and 5-dav WO!1\: week): Construction (aetual utility /railroad rdocallon time at joh site) ESTIMATE\) \IA\JMUM TOTAL DA YS ESTIMATED 69 98 a 4:; ( :8 )* 355 Davs ITF\I I 'f,'1 i III i n:.lr~~ni!illeefing \lalnial I'foelln'lIIcnl Highl of \\ay Acqlli:;ilion COllt r ae t:\ q~ot iatiolls (for lit ili I ~ ! railroad work) I \11..," \n,1l STED lTIUTY/RAILR()\J) RELOCATION PI<:HJOD (:\110\\ for concurrent activitil':') ESTIMATED .'\Ill\l\lU.'\1 TOTAL .;.; ~ee !lighway Contract Special Provisions 300 Days L ~wt:ial Nolation(:;) to )Il~ inelmbl in lIighway Conlract Spn:ial P.!'I!,-i",i~~l:: J:hi~.::~\;Y \\2..E~) I )o:,(:.s to ell III III (' Ill" '~!,I,~L!:t',~~!I~ ill!l~~n,~~tl (!!:..~cljll ~~!~I_~I!I\"or~_:Ji.lleck one) prior tll hi~hway contract athnli"'('IlIl'1I1. and 1'1'!0('alio!l sholdd Iw _.__ ~f cOJllplete hy date of pl'" I '0 11 ~ t I'lId i \)11 ec III fl '1'( 'Ill'l'. I lllll'\1nl'11th willi pl'oj.'d ath 1'111,..'1111'111. ('\\[\\'\1I'[\'l\th with \'OIlIIlIt'II\'\'IlH'I\t of hi"hwa\ 1'(lll:,lrlldioll, '\B.'\IITTED FOI{ TIlE ,,\CENCY BY: n.P\HT\lF\T\L APPH()\'.\L BY: :-;el\l'dll"''; pl'l'pal'l'd h\ tl\l' II LI',\ RT\\ ENT, anrl, 11)('1'('1'0)'(:, i:-: 1'01' ,'if('l!m~tall('(,S bey 01\(1 its I\ormal "ith Ihe '~l'AH'n] E\T, and it~ COlltracLor. in , At, ;:NCY 'S 'I 'ld Rel'ff'sl'ntatives can be contacted , dc,hone l\IlT,lIh6.; 9~"N~-S / Halt': Y~fd Dati': t:..;I)-.:5 -~ FII~ill"lT