UTILITY RELOCATION AGREEMENT - CONSTRUCTING RECONSTRUCTING OR OTHERWISE CHANGING A PORTION OF STATE ROAD 595 (ROSERTY ROAD AT SR 595)
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STATE OF FLORIDA
!~~Ulm~iliil!ID~Ii~i:~1,
REUBIN O'D, ASKEW
GOVERNOR
WALTER L. REVELL ..... Secretary
DIVISION 01 RECTORS
Telephone (904) 599-6321
JA Y W. 8 ROWN ................. Road Operations .... Mass Transit Operations
RAY G. L'AMOREAUX ...... Planning and Programming TOM WEBB, JA. .... Administration
Division of Road Operations
October 20, 1972
Mr. M. G. Battle, City Engineer
City of Clearwater
Post Office Box 1348
Clearwater, Florida 33515
Dear Sir:
Section 15010-6701 ,State Road 595
Pine 11 as COUl; ty, Parce 11 (R(\iJ NA)
The enclosed Utility Relocation Agreement and supporting documents
have been approved by th,e Department. You may consider this notice your
authorization to proceed with the work under the direction of our District
Engineer.
All
regulat ions.
be encouraged
relocation work must be performed in accordance with Department
Relocation of utilities in advance of highway construction is to
as covered by the terms of this agreement.
Sincerely yours,
E~~
State Utility Engineer
EMS/slw
Enc 1 os ure
cc: Mr. C. W. Monts
Attention:
De Oca, District Engineer
District Utility Engineer, w/2 agreement
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FORM 722-10
7.71
PAGE I OF 3
STATE OF FL.ORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
UTILITY RELOCATION AGREEMENT
(At Municipal Expense)
COUNTY
SECTION
UTILITY JOB NO.
STATE ROAD NO.
COUNTY NAME PARCEL. R/W JOB N"O.
IS
010
6701
S9S
Pinelles
THIS AGREEMENT, made and entered into this ~ day of to, I'i.-I.J -t.l
197~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the DEPARTMENT, and the CITY OF Cl..".t"r
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. 15010-6701 , Road No. 595 b,cbulllDt Rosery Rd.at SR 59,
and
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 pol~s, pole lines and underground facilities thereof, and any other
CfTY owned or operated utilities and facilities within such right of way,
AND WHEREAS, the plans for the said constmction, reconstruction or other changes to be
made, as above described, have been reviewed by the DEPARTMENT and the CITY, said above
described utility relocationt() hereinafter be designated as "Relocation Work,"
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed
by the parties as follows:
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t='ORM 722-10
PAGE 2 OF 3
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1. The CITY agrees to make or cause to he made all arrangements for 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 Accomodation 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 faciliti~s 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 reconstmction work; provided, however, that the
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CITY shall not be responsible for delay beyond its control; and that such "Relocation Worl{' will be
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
contracror may initiate due to delays caused by the CITY'S negligence; and that the CITY will not
either pro~eed with the "Relocation Work" with its own forces or advertise or let a contract for such
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 wi~hin the right of way of said portion of the State Highway System; and to comply with all
provisions ~f the law, including Rule 014-46.01.
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4, ~he DEPARTMENT 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'otway, according to ~he terms of the standard permit required by the State Statutes for occu-
pancy of public rights of 'fay, and all published regulations lawfully adopted by the DEPARTMENT
as of the date of this Agreement,
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6, lit is mutually agreed that the CITY'S plans, maps or sketches showing any such facilities
or utilities to' be adjusted, 6hanged, or relocated are made a part hereof by reference,
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7. The CITY further agrees to indemnify, defend, and save harmless and exonerate the DE-
PARTMENT of and from all liability, claims, and demands for contractual liability rising out of the
work undert~ken by the CITY, its employees, agents, representatives, or its subcontractors due in
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whole, or in part, to conditions, actions, or omissions done or committed hy the CITY; or its
subcontractors, its employees,. agents, representatives, or its subcontractors. It is specifically
understood and agreed that this. iJW,emnification agreement does not cover nor indemnify the
DEPARTMENT for its own negligence or breach of this contract.
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IN WITNESS WHEREOF, the parties hereto have caused this illBtrument to be duly executed, the
day and year first above written.
WITNESSES:
STATE OF FLORIDA
DEPARTMENT .$>F TRAN~PO?9IO~
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As to the DEPARTMENT
BY:
ATTEST:
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BY:
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Approved as to fOJrm &: co:rr~ctl1ess:
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Approved aB to Form, Legality and Execution
STATE OF FLORID DEPARTMENT OF TRANSPORTATION
BY:
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CITY cu:nk>.
RESo.LUTION,
No. 72 - 127
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A RESOLUTION AUTHORIZING EXECUTION OF AN
UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE
OR RELOCATION OF CERTAIN UTILITIES WITHIN THE
RIGHT-OF-WAY LIMITS HEREAF'TER DESCRIBED, AND
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
WHEREAS, the State of Florida Department of Transportation has
located and proposes to construct or reconstruct a part of State Road 595;
and
WHEREAS, in order for the State of Florida Department of Transportation
to further and complete said project, it is neces sary that certain utilities and/ or
facilities within the right-of-way limits of said State Road 595 be adjusted,
changed or relocated; and
WHEREAS, the State of Florida Department of Transportation having
requested the City of Clearwater, Florida, to execute and deliver to the, State
of Florida Department of Transportation a Utilities Agreement, agreeing to
,nake or cause to be made such adjustments, changes or relocations of said
utilities and/or facilities as set out in said Agreement, and said request having
been duly considered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
CO.lVilvlISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION REGULARLY AND DULY i\.SSE?\fBLED, AS
FOLLOWS:
1. That the Mayor-Commissioner, City Manager, City Clerk and
City Attorney be and theyare hereby authorized and directed to make, execute
and deliver to the State of Florida Department oi Transportation a Utilities
Agreement for the adjustment, change or relocation of certain utilities within the
right-of_way limits ofcsaid State R'oad 595, SectionOlC.
2; ,That a certiiied copy of this Resolution be for~arded to the State c
of Florida Department of Transportation at Tallahassee, Florida.
PASSED AND ADOPTED this
2nd
clay oC October, A. D. 1972.
/s/ H. Everett Hougen
Mayor-Commis sioner
Attest:
/s/ R. G. Whitehead
City Clerk
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I, R. G, \vhitehead, duly appointed City Clerk of the City
of Clearwater, Florida, certify the foregoing to be a true and
correct copy of Resolution No,
72-127
day of
adopted by the
City Commission on the 2nd
October
,
A,D. 19--22.'
Witness my hand and the seal of the City of Clearwater,
this
11th
day of
October
, 1972
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FOR'M 722.05
PAGE I OF 1
9.10
STATE OF FL,ORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPJ;:RATIONS
UTILITY/RAILROAD RELOCATION SCHEDULE
COUNTY SECTION UTILITY JOB NO. ST'ATE ROAD NO.
COUNTY NAME
PARCEL Be R/WJOBNO.
FAP NO.
15
DID
6701
595
PI..118S
1
AGENCY
CITY OF CLEAR"'TEll
1. Facilities Involved (Detail):
Z" gel 1 1/4" Ga. Mala.
2, Relocation Work Anticipated (Describe):
l,owering both,
mains ill the ncbUt,. of the project
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (for utilitylrailroad work)
Construction (actual utility/railroad relocation time)
Other:
(Based on normal schedule and 5-day work week):
WORKING DAYS REQUIRED
S
10
o
o
( 30
)
3,
Anticipated Relocation Schedule
ITEM
TOTAL
ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD
(Allow for concurrent activities)
45
Days
itS
Days
4, Special Notation(s) to be included in Highwav Contract Special Provisions:
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5, This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one)
D prior to highway contract advertisement, and relocation should be _% complete by date of
preconstruction conference.
D concurrently with project advertisement,
00 concurrently with commencement of highway construction,
The above data is based on construction plans and schedules prepared by the DEPARTMENT, and, therefore, is
furnished for informational purposes only_ This AGENCY is not responsible for circumstances beyond its normal
controL However, the AGENCY will endeavor to fully cooperate with the DEPARTMENT, and its Contractor, in
clearing tbe project right of way as expeditiously as possible,
SUBMITTED FOR THE AGENCY BY:
DEPARTMENTAL APPROVAL BY:
Date:
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Date: