UTILITY RELOCATION AGREEMENT - CONSTRUCTING RECONSTRUCTING OR OTHERWISE CHANGING A PORTION OF THE STATE ROAD 55 (REPLACE STRUCTURE AT LONG BRANCH SOUTH OF SR 686)
REUBIN 0'0. ASKEW
GOVERNOR
II
,
Florida
Department of Transportation
Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32304, Telephone (904) 488.8772
WALTER l. REVELL
SECRETARY
Division of Road Operations
January 31, 1974
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Mr. Max G. Battle, City Engineer
City of Clearwater
Pos t Off i ce Box 1348
Clearwater, Florida 33515
Dear Sir:
Sect i on 15150"6521, State Road 55
PinellasCounty, Parcell (R/Wfl/A)
The enclosed Utility Relocation Agreement and supporting
documents have been approved by the Department. You may consider this
notice your authorization to proceed with the work under the direction
of our District Engineer.
All relocation work must be performed in accordance with Department
regulations. Relocation of utilities in advance of highway construction Is
to be encouraged as covered by the terms of this agreement,
Sincerely yours,
E~~
State Utility Engineer
EMS/pm
En<:losure
cc: Mr. C, W. Monts De Oca, District Engineer
Attention: District Utility Engineer, w/2 agreements
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FORM 722.'0
7.11
PAGE I OF 3
STATE OF PLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
UTILITY RELOCATION AGREEMENT
(At Municipal Expense)
COUNTY
SECTION
UTIL,ITY JOB NO.
STATE ROAD NO.
COUNTY NAME PARCEL 6: R/W JOB N.O.
IS
ISO
6521
SS
Pinenes N/A
THIS AGREEMENT, made and entered into this 3 / day of
197-4-, by and between the STATE OF FLORIDA DEPARTME TRANSPOR
hereinafter referred to as the DEPARTMENT, and the CITY. OF CLEARWATER
a municipal corporation, hereinafter referrcd to as thc 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, 15150-6521 ,Road No, 55 x~n Replace structurl! at
Long Branch south of SR 686 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 scwers, gas
mains, fire and police call systems, telephone, electrical, telegraph and TV,cable
sy-~tems, 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 DEPARTMENT and the CITY, said above
described utility relocation to,herein"fter be designated as "Relocation Work ,"
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed
by the parties as follows:
O'/<I(F!
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~FORM 722~1 0
PAG.E ;2: OF 3
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L The CITY agrees to make or cause to be 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 orrevisions 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 bv 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 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
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 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 all
provisions 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 "Relocation Work,"
5, The DEPARTMENT further agrees that the CITY may relocate its facilities upon theState'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 the date of this AgreeIpent,
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 DE-
PARTMENT 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
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whole, or in part, to conditions, actions, or OmissiOIUl done or committed by the CITY; or its
subcontractors, its employees, agents, representatives, or its subcontractors. It is specifically
understood and agreed that this iJ:ldemnifieation agreement does not cover nor indemnify the
DEPARTMENT for its own negligence or breach of this contract.
IN WITNESS WHEREOF, the pal'ties hereto have caused this instrument to be duly executed, the
day and year first above written.
STATE OF FLORIDA
DEPARTMEN2:. OF TR~~_
BY: /~tor~rus ~ rr ~
L)
ATTEST:
CITY OF
CLEARWAT ;a.-~':~'
,cFLORIDA
, BY:
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Approved as to Form, Legality and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSI'ORTATION
BY: V~ tAJi.-1J~,.~,
Assistant . .- '\
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FO~M 722-05
PAG~ 1 OF I
9-70
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
UTILITY/RAILROAD RELOCATION SCHEDULE
COUNTY SECTION UTILITY Joe NO.
STATE ROAO NO.
COUNTY NAME
PARCEL & R/WJOSNO.
FAP NO.
AGENCY
lV~
IS
CITY OF
1. Facilities Involved (Detail):
Two inch Gae MaiD
2, Relocation Work Anticipated (Describe):
Relocate Gae MaiD aft.r conatruction ie aubatantially completed
3, Anticipated Relocation Schedule (Based on normal schedule and 5.day work week):
ITEM WORKING DAYS REQUIRED
Preliminary Engineering 2
Material Procurement L.__-'
liB __
Right of Way Acquisition N~_
Contract Negotiations (for ntilitylrailroad work)
Construction (actual utility/railroad relocation time) (NA Ii )
Other:
TOTAL
ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD
(Allow for concurrent activities)
7
Days
?
nays
4, Special Notation(s) to be included in Highway Contract Special Provisions:
Contractor .hould nee caution iD working heavy equipmeDt
in the viciDity of Gaa Line..
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,
i:8l 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 the project right of way as expeditiously as possible,
A4/A /' -/ // ///
.-' r/M'7 .-> ,: " -, /, :'! Date:
Max G. tle Dir. of Public Works
Date: /-2/'74
SUBMITTED FOR THE AGENCY BY:
12/27/73
DEPARTMENTAL APPROVAL BY: .
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RE S O.L UTI 0 N
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No. 74 - Z
A RESOLUTION AUTHORIZING EXECUTION OF AN
UTILITIES AGREEMENT FOR THE ADJUSTMENT,
CHANGE OR RELOCA TION OF CER 1A IN UTILITIES
WITHIN THE RIGHT-OF-WA Y LIMITS HEREAFTER
DESCRIBED.
WHEREAS, the State of Florida Department of Transportation has located
a~d proposes to construct or reconstruct a part of State Road 55; and
WHEREAS, in order for the State of Florida Department of Transportation
to further and complete said project, it is necessary that certain utilities and/or
facilities within the right-of-way limits of said State Road 55 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
make 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
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City Manager, Mayor-Commissioner, City Clerk and
City Attorney be and they are hereby authorized and directed to make, execute
and deliver to the State of Florida Department of Transportation a Utilities
Agreement for the adjustment, change or relocation of certain utilities within
the right-of_way limits of said State Road 55, Section 15150.
2. That a certified copy of this Resolution be forwarded forthwith to
the State of Florida Department of Transportation at Tallahassee, Florida.
PASSED AND ADOPTED this
7th
day of January, A. D. 1974.
/s/ H. Everett Hougen
1.1ayor-Comlnis "ioner
Attest:
!
/s/ R. G. Whitehead
City Clerk
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I, R. G. Whitehead, duly appointed City Clerk of the
City of Clearwater, florida, certify the foregoing to be
a true and correct copy of Resolution No. 7q-2 adopted by
the City Commission on the 7th day of January, A.D. 197q.
Witness my hand and the seal of the City of
Clearwater, this 17th day of January, 197q.
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