1994-24
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LAWTOrt CUILES
GOVEKl'fOK
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"'\"-.'.r~'::"J '"I I 1U"}'t
OF-TRANSPORTATION
FLORIDA -
605 Suwannee Street. Tallahassee. nortda 32399-Q4S0
BErt G. WATTS
SECJU:TAKY
October 6, 1994
City Hall,
Attn: Ann Whitlock, City Clerk
P.O. Box 1202l9
No.1 West Gate Plaza
Clermont, F1347l2-02l9
Dear Ms Ann Whitlock,
Enclosed is a Origional of a Reimbursable and Non-Reimbursable
Utility Master Agreement. If I can be of futher assistance please
call me at (904) 487-1700.
7+ L/. j~
Douglas D. Sikes
Utility Coorinator
DDS/dds
Attachments
cc: File
J%\RECYCLED
WPAPER
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8
8
rOAM 72)-1.
1'0 J
P"CE I 0,. J
STATI: Of' ,.LORIDA DePARTMI:NT orr TRANSPORTATION
DIVISION OP PRI:CONITRUCTION A,.,O DeSIGN
UTILITY RELOCATION MASTER AGREEMENT
(At Municipal Expense)
TIllS :\CIŒE:\IE~T, made and entered into this 5th da~ of August . ~q8 1994,
1)\ and Iwlwl'l'1I tl\l' 5T.\TI-: OF FLORlDA DEPART:\IE:\T OF TRA:\:3PORTATlO:\', hereinaftcr
n:fnn'd to as thl' [)1~P,\RT:\lL\T, and the CITY OF CLERMONT ,
,
a municipal corporation. hercinafter referred to as the CITY,
WITNESSETH:
WII EREAS, the DEPART~IENT proposes to engage in certain projects for construction, recon.
struction or other change of porlions of the State Highway System which shall call for the relocation
of CITY'S facilities along, over and under the highways on said projects, ,iz:
Any alld all CITY o,\ned or operated Welter mains, fire hydrants, sanitary sewers, gas
mains, fire and police c.aU systems, telephone, electrical, telegraph and TV-cable sys-
tems, including poles, pole lines and underground facilities thereof, and any other CITY
owned or operelted facilities or utilities within the limits of said projects,
AND WHEREAS, the plans for said construction, reconstruction or other change are to be reo
,;ewed by the DEP.-\R T~IENT and the CITY; such utility relocation to hereinafter be designated as
"Relocation Work",
AND'" BEREAS, under the laws of the State of Florida said "Relocation "fork" must be accom-
plished .It the sole expense of the CITY when CITY'S facilities lie on property in which the CITY holds
no compensable interest,'" ,-. .-, '_-.un --__n--., .. ---- -.--.
;\0", THEREFORE, in consideration of the mutual co'enants hereinafter contained, it is agreed
by the parties as follows:
1. "'nen the DEPART)IE~T has served all order on the CITY regarding relocation of the
CITY'S facilities along, o,er and under pro pert) in which the CITY holds no compensable interest,
the CITY agrees to make or cau~ to be made all arrangements for neces..~ry adjustment or changes of
its facilities at CITY'S own expense and in accordance with the provisions of Rule 014-46.01 "Utility
Accommodation Guide," Florid" Admilli~tr¡ thf'. Code, dated :\Jd~ 4, 1970; dn)' supplements or reo
,i~ions thereof as of the dJte of this Agreemcllt, \\ hich. by reference hereto, are made a part of this
Agrt:ement; and the pldns. dc~ign:' and ~pct:Îfi(;¡ tiom of the DEPAR 1':\1£:\T for the I:Onstruction or
reconstruction of said portions of the St.11e lIigh\\ a~ Sydem. prior to the ad,ertising for bid on selid
project. The CITY further agrees to do aU of !>ueh: work with its own forces or by a contract()r paid
undcr a contract let by the CITY, allllnder the direètions of the OEPART~1ENT'S engineer.
"
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FORM 721'S.
1'&1
PAGE20FI
.) Thl; CITY further .Igrces that said adjustments, changes or relocation of facilities \\ ill be
nl..t!c I)~ tIll: CITY \\Itll "ufficiellt promptlless so as to eau~e 110 del.!)' 10 the DEPART~1E:\T or its
colltr.lf;tfJr III the proscClItioll of such collstruction or reconstruction "~ark; prO\ided. howe'er. that
the CITY "hJllllol be rc~pont'JbJe for dela) be)ond its colltrol; and that such "Reloe.¡lion "ork" "ill
be done ullder the directIOn of the DEPART~1ENT'S engineer; and the CITY further agrees that in
the evellt the ch,mges, adjustments or relocation of such facilities or utilities are done simultaneously
with the construction project, that it will be directl)' responsible for handling of any legal claims that
the contractor may initiate due to delays caused b) 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 DEPART~IENT'S writlen authorit) 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 aU
provisions of the law, including Rule 014,46.01.
-t. The D EPAR T:\IE~T agrees to fumish the CITY with all necessar) higlnot a) construction
plJIIS Ih.lt are required b)' the CITY to facilitate the CITY'S "Relocation Work."
5. The DEPART~1E:\T furlher agrees Ihat the CITY ma) relocate its facilities upon the State's
right of "a), according to the lerms of the standard permit required by the State Statutes for occu-
palll') of public rights of ,\ a), and .III published reguleltions lawfully adopted by the DEP ART~IE:\T
as of the date of this Agreement.
6. It is mutuelU,- agreed that the CITY'S plans, maps or sketches showing any such facility or
utilit) to be adjusted. changed or reloc.lted on any individual "Relocation Work" project are, "hen
dppro\ed by the DEPART~lE:\T. made a part hereof b). reference.
7. The CITY further agrees to indemnify, defend, and save harmless anti exonerate the
DEP AR TMENT of and from all liability, claims, and demands for contractual liability rising out of the
work undertaken by the CITY, its employees, agents, representatÍ\:es, or its bubcontractors due in
whole, or in part, to conditions. adiun5. or olllb"ions dune or committed u) the CITY; or its sub-
contractors, its emplo)ees, agents, rqm::,eJlt.Jti\'es. ur its ~ubconlractors. It ib speeificall) under~tood
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FORM 723-59
1-83
PAGE 3 OF 3
and agreed that this indemnification agreement does not cover
nor indemnify the DEPARTMENT for its own negligence or breach
of this contract.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers,
and their official seals hereto affixed, the day ~nd year
first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: JlL~
~tate Highway Engineer
ATTEST: ~~~
E cut1ve Secretary
(SEAL)
CITY OF
CLERMONT
, FLORIDA
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==== = = == == ====== = == == ========== == = ===::::: =, "" =
BY: Preston Davis (SEAL)
(title: Direc or 0 Public Servi ces) -
==~::::=:~~~=-=====~=-==~=========~=
Approved as to Form. Legality and Execution
STATE OF FLORIDA D PARTMENT OF TRANSPORTATION
BY:
,!
FORM 72)-60
. ',8)
PAGE: I OF 5
8TE 01" FLORIDA DEPARTMENT OF TRANSPO~ION
DIVISION OF PRECONSTRUCTION AND DESIGN
UTILITY RELOCATION MASTER AGREEMENT
RELOCATION FROM PRIVATE PROPERTY
(MunIcIpal)
-'
.
TillS .\(;rŒE\IE\T. l11;lcle and entered into thi:; ...í1:hda~ of August . 19ß 1994 .
LX and hetweC',n (he ~T-\TE OF FLORIDA DEPART;\IE\T OF TR.-\\SPORT.-\TlO~, hcrc:lll"fln
rt'ferred to as the VEP.-\RT"E:\T, and the CJT)' of CLERMONT
a nJllniripal rorporatinn. hf'.rt'lnaftn referred to as the CITY,
WJT:\ESSETH:
" II ER E.-\S, the DEP.-\R T~IE;\T proposes to engage in certain projects for ('omtruction.
reconstruction or other change of portions of the State Highway S) :;tcm \\'hich shall call for Ihc
relocation of the CITY'S facilities along, over and under the highways on said projects,
Al\D WHEREAS, the plans for said construction, reconstruction or other change are to be
reviewed by the DEPART~tENT and the CITY; such utility relocation to hereinafter be designated as
"Relocation Work",
AND WHEREAS, under the laws of the State of Florida the expense of said "Relocation Work"
may qualify for reimbursement to the CITY where CITY'S facilities lie on property in which the
CITY holds a compensable interest,
AND WHEREAS, the term "cost of relocation" shall include the entire amount paid by the
CITY properly attributable to each such relocation after deducting therefrom any increase iß the
value of the new facility and any salvage value of !TIaterials recovered from the old facility.
NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties
hereto agree as follows:
1. When the DEP AR T~tENT has served an order on the CITY regarding relocation of the
CITY'S facilities along. over and under property in which the CITY ho,lds a compensable interest, the
CITY her~by agrees to relocate the necessary parts of said facilities in accordance with the provisions
set forth in DEPART~tENT Rule 014-46.01 "Utility Accommodation Guide," Florida Administrative
Code, dated ~lay 4, 1970; any supplements thereto or revisions thereof, which. by reference hereto,
are made a part hereof. 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 supenision and a,pproval of the
Df.PART:'\IEl\T.
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FC'R'" 7:3 60
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PAGE 2 OF I
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'IIii' CITY IlIrll'I r ,I;:r",'- 1<1 Ildl: I "IIlpl\ Hltb IIII' I'r<J\I-llJlI- ot Till,' \ 1 ..t II", 1:1111
HI:,:bl- \,I"f 196-1- If) "'IIIII'tlll"l \\ltb 11\1' "nt'llJlJIllIlI \\lIr~" (ult'red 11: 111I~ .1~1""II1<'1I1. .llld -II,b
(1!1111'1 .III(" 1\ ill hI' ~mt'flledl.J: lhe app ¡cabll' l11ethod described hcrc¿lfter:
a, \\ 11<:11 the CITY ,nil perform .11\ ur p.crt of ~lIch "RdoeJlioll "ork" b: a
(c IIILI! lor paId ullder a ('olllral'l let b: thc CITY. then the Appcndi:\ .. -\.. of
.\:'~urallce:' allalhcd to this agreement wIll be included in said contract:: leI L: the
CITY,
b. Whcn the CITY "ill perform all of such "Relocation Work" entirely
with CITY'S forces, then Appendix "A" of Assurances is not required.
e. When the "Relocation Work" involved is agreed to by way of just
compensation for the taking of CITY'S facilities located on right of way in which
tl~e CITY holds a compensable interest. then Appendix ",.\" of Assurances is not
reqll ired.
d. Whcn the CITY will perform all such "Relocation Work" entirely by
continuing contract, which contract to perform all future "Relocation Work" was
executed with CITY'S Contractor prior to August 3, 1965, then Appendix "A"
of Assurances is not required.
3. The DEPARTMENT hereby agrees to reimburse the CITY for all costs incurred by it in
each such relocation of said facilities, in accordance \,;th the provisions set forth in DEPART~1E:\T
Procedure No. 132-046 "Reimbursement for l'tility and Railroad Relocation," dated October I, 1973,
and any supplements or re\;sions thereof. It is undcr::tood and agreed by and between the parties that
preliminary engineering costs not incorporated in the CITY'S plans and eštimates, as approved by die -
DEPART~IE:"T, shall not be subject to payment by the DEPART~IE:"T.
4. Plans and specifications of the work to be performed by the CITY on each project
contemplated under the terms of this agreement are made a part hereof by reference, upon approval
by the DEPART)1ENT. All work performed by the CITY pursuant hereto shall be performed
according to these plans and specifications as appro\'Cd by the DEPARTMENT, and all subsequent
plan changes shall like"ise be approved by the DEPART~IE~T. AU "Relocation Work" covering
facilities to be relocated to a position within the highway right of way will be accommodated in
accordance \\;th the provi:::ions of said "Utility Accommodation Guide," and any supplements thereto
or revisions thereof.
5. All labor, scrnces, materials and equipment furnished by the CITY in caIT)ing out the
work to be performed hereunder on each project shall be billed by the CITY direct to the
DEPART~IE)\;T. Separate records as to Ihc LOst of COli tract bid items and (orœ account items
performed for the CITY on each project shall also be furnished by the CITY to
the DEPART~IENT.
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FOR"" 723'00
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TIlt' U I) .llId 11\1' rJU'-\Hl \IE\T .lgTII: th.lt III,' Illl,thud to 1)1' 11-0:.1 III .I, \I'I"I'"I~ th,-
r.- (IC .111!l1l (lr .lfljll-tJlWllt I II-t 11I.1~ IJl' .IIIY of the f()lll)\\lll~'
a. \. tll.d .IIHI rd.tll'd Illdlrt'd cu~t~ acctln1\II.lkd ill accord.lIIce \\'jth a \lor\..
ordn a"Colllltlll~ procedure pre,::( nbed b\ the applicable Fcdcr.tI or S\.III'
w~I¡I.lIor~ b(ld~.
b, Actual and related indirect co~t~ accumulated in accordallcc \\1lh all
c:"t.lLli.shccJ accountillg procedure dele/oped by thè CITY ,we! appru\cd L~ the
DEPAR'DIE~T.
c. An agreed lump sum as supported by a detailed analysis of t'.stimatcd cost,
such specific sum and analysis to be attached to the CITY'S plans and specifications
and approved by the DEPART~ŒNT (Note: This method is not applicable where
the estimated cost of the proposed adjustment exceeds $25,000.)
The CITY shall clearly state the applicable method in it." plans. specifications and estimates as
submitted to the DEPARTMENT.
7. The DEP AR Tl\IENT and the CITY agree that the adjustment of the CITY'S facilities
on indi\'idual projects may require the operation of the old facilit~ until the new facility is functioning.
If the old facility must remain in operation until the new faCIlity is functioning, the reason(s) mu;,t be
clearly ;,tated in the CITY'S plans, estimates and specifications as submitted to the DEPART~IE1\T.
8. The DEPART~lE;\T and the CITY agree that the proposed new facilities on indi"idual
projects to be installed in tQe Crrr'~ system may re~aj!1- i!1 ~~~ful :,en;ee þeyoDd the time when
the o\erall (old) facility, of which it is a part, is replaced. If the new facility will remain in useful
senice as abo\e and indicated in the CITY'S plans and specifications, or if an entirely new facility is
constructed and the old facility retired, credit (or expired service life will apply and the estimated or
actual credit must appear in CITY'S plans and estimates.
9. The adjustment of the CITY'S facility on each project may invoh'e additional "Relocation
'York" o\er and abo\C the minimum reimbursable requirements of the DEPARTMENT; which
condition shall be clearly stated in the CITY'S plans, estimates and specifications. If upgrading or
nonreimbursable "Relocation Work" is involved at the option of the CITY on any project, then credit
against the co:,t of the project is required and \\;ll be go\'erned by the applicable method described
here after:
a. A certain percentage being applied to tIle filial billing of work actually
a«,colllpli:ohcd to dct<:rmil1e rcquired (;fedit for bcttnment, expired service life or
nonreimbursable segments; ~uch pcrLentage to be dearly stated and explained in
CITY'S plans and estimates.
c..
FORM 72) 60
1'1'
PACE40f"
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I. \II B, I.., "tlllil \\..rk" III\', \III;': 1I"llr, ¡lIdJIII-.dllL' -C;':"l"III- 1"'111;': l)I'rl..11I1',
l,~ -P" I.d tiT) \\llrk lOr j"b "rdtT 11II1111)1'r .II',lrl .llId -cp;n;III' frlllll r"11111)Ilr-,IIJI.,
'"Helocalloll "or"."' :'lIlh \\or" or jllL IIrder IHllllber \0 be de.1r1~ ,.tatcd ill CIT) ':3
pl.III-, 1'-IIIllJk:< ;lI1d :'p('cificatil)lI~ ,I:' :'IILllliltcd to the DEP.-\Rr\IE\T. The
crn fmllwr J~'T(,c" to clC,Ir1~ It¡"lItif~ ,.lIch \,or\.. ,Irl'a:' ill thc CITY'S ¡,I,III,. alld
spcllfll atil)l1~ for the "Relocatioll "or\..." co\l'rcd tllldcr this agreemel1t.
c, A (ertail1 IlImp slim credited for bclterlllcnt. expired sen ice life or non-
rel/l1bursable :<eomellts in accord "ith Arl1cle 6(c) hercinabo\e and clearly st.lled
C .
in the CITY'S plans and estimates,
10. It is specifically agreed by and between the DEPART~IE~T and the CITY that the
DEP AR T~1ENT shall receive fair and adequate credit for any salvage which shall accrue to the
CITY as a result of the above relocation work.
11. It is furtl~er agreed that the cost of all impro\ements made during the relocation work on each
- ' ,
project shall be borne by the CITY, subject only to the DEPART;\1ENT bearing such portion of
this cost as represents the cost of relocation of previously existing facility, less sahage credit as set
forth in the immediately preceding paragraph.
12. Upon completion of the work on each project the CITY shall, at the earliest 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 DEPART;\1E;\T with two (2) copies of its fin~1 and
complete billing of all costs incuITed in connection wilh the work on each project performed hereunder,
such statement to follow as closely as possible the order of the items contained in the CITY'S
estimate as approved by the DEPART~1ENT, Cpon the CITY'S failure to submit proper billing
within the 180 day period, the DEPART;\1E~T may, at its discretion, audit the CITY'S records
and thereby determine the reimbursable amount. The CITY hereby waÌ\'es any right of appeal or
protest of such amount as determined by audit. The totals for labor. overhead, travel expense.
transportation, equipment. material and supplies, handling costs, and other services on each project
shall be shown in such a manner as will permit ready comparison ,dth the appro\'ed plans and
estimates. ~laterials shall be itemized where they represent major components or costs in the
relocation. following the pattern set out in the approved estimate as closely as possible. Salvage credits
from reco\ cred and replaced permanent and recm ered temporary materials shall be reported in said
bill in relative position with the charge for the replacement or the original charge for temporary use.
The final billing ~hall show the description and site of each project; the date on wruch the first
work was performed, or. if preliminary engineering right of way items are involved, the date on which
the earliest item of billed expense was incurred; the date on which the last work was performed or the
last item of billed expense was incurred, and the location where the records and accounts billed can be
audited, Adcquate reference ~hall be m.ldc in the billing to the CITY'S records, accounts and
..
FORM 723-60 8
-1-83
PAGE 5 OF 5
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other relevant documents. All cost records and accounts shall be subject
to audit by a representative of the DEPARTMENT. Upon receipt of invoices
prepared in accordance with the provisions of the DEPARTMENT Procedure No.
132-046, the DEPARTMENT agrees to reimburse the CITY in the amount of such
actual costs as approved by the DEPARTMENT'S auditor. The DEPARTMENT shall
retain ten percent from any progress payments.
13. 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 whole, or
in part, to conditions, actions, or omissions done or committed by the
CITY; or its subcontractors, its employees, agents, representatives, or
its subcontractors. It is specifically understood and agreed that this
indemnification agreement does not cover nor indemnify the DEPARTMENT for
its own negligence or breach of this contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers, and their official seals hereto
affixed, the day and year first above written.
STATE OF FLORIDA
DEP~rnENT OF ~SPORTATION
BY: ;¡L'~
state Highway Engineer
( SEAL)
CITY OF
,
=== ======================================
ATTEST:
CLERMONT
, FLORIDA
BY: Preston Davis
(Title: of Public
ATTEST: ~ 71~
~~~
(SEAL)
Servi
)
=================================================================
BY:
as to Form, Legality and Execution
FLORIDA DEPARTMENT OF TRANSPORTATION
~
A istant Attorney
Approved
STATE OF