1979-11
FORM 7ZZ-60
7-77
PAGE I OF I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
CITY RESOLUTION
UTILITY INDEMNIFICATION AGREEMENT
COUNTY SECTION UTILITY JOB /lCO. STATE ROAD NO. COUNTY NAME PARCEL 8l R/W JOB NO.
11 090 6514 561 Lake 1 N/A
A RESOLUTION AUTHORlZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR
RELOCATION OF CERTAIN UTILITIES WITHIN TilE RIGHT-OF-WAY LIMITS HEREAFTER DESCRlBED, AND PRO-
VIDING WilEN TIllS RESOLUTION SHALL TAKE EFFECT.
RESOLU~O~ NJ}' ]]g
ON MOTION OFnCommissioner (Councilman)~L<<... , seconded by Commissioner (Council-
man) r Il.Yfl -- , the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or
.nstruct a part of State Road 51\1 ,
N D WII EREAS, in order for the State of Florida Department of Transportation to further and complete said
project, it is neecssary that certain utilities and/or facilities within the Right-of.Way limits of said State Road
lifi1 , be adjusted, changed or relocated,
AND WHEREAS, the State of Florida Department of Transportation having requested the City of
Clennant , 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 S' id equest h ving been duly considered,
NOW THEREFORE, BE IT RESOLVED by the - - of the City of Clemant
Florida, that the Mayor and Clerk (City Manager) he an they are hereby authorized and directed to make,
execute and deliver to the State of Florida Department of Transportation a Utilities Agreement for the adjust-
ment, dHlllge or rcloeation of certain utilities within the Right of Way limits of said State Roatt 561
Section 11090-6514
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida
Department of Transportation at Tallahassee, Florida.
CITY OF CLERMONT
COUNTY OF t J111c~
] HEREBY CERTifY that the ~o cg~ing is a true and correct copy of a Resolution adopted by the
. . of the City of Clennont
, held on this JJ ~ day of ~~.eA J
at a meeting of said
1973-.
, Florida
,A.D.
WITNESS my hand and seal on this
/3 Lf-.
day of
By
dt::ft< a~:kJ91L
Clerk ~ity ~1IlRllge') of the City of
Clennant ,Florida.
(SEAL)
.
FORM 722-0!l
7~77
PAGE I OF ,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF RO'D OPERATIONS
UTI L1TY IRAt LROAD RELOCA TI ON SCHEDULE
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL lie R/W JOB NO. FAP NO.
11 090 6514 561 Like 1 N/A A'l If
AGENCY
CITY OF CLERMONT
A. Facilities Involved (Detail as to Type and Location):
Sanitary Sewer Manholes; 1 at Minneola and 8th St.. Lt. side; and
2 at W. Osceola & Eighth St. (Lt. & Rt.)
Relocation Work Anticipated (Describe and Relate to Location on Project):
Raise Sanitary Sewer Manhole tops to new pavement elevation.
C. Anticipatcd Relocatioll Schedule (Based Oil normal schedule and 5-day work week):
ITEM
Preliminary Engineering
Matcrial Procurement
Right of Way Acquisition
Contract Negotiations (for utility/railroad work)
Other
Construction (actual utility/railroad relocation time at job site)
ESTIMATED MAXIMUM TOTAL
CALENDAR DA YS F:STIMATF.D
(
30
.:su
)*
Days
ADJUSTED UTILITY/RA]LROAD RELOCATION PERIOD
(Allow for concurrent activities) ESTIMATED M]NIMUM TOTAL
* See Highway Contract Special Provisions
30
Days
D. Special Notation(s) to be Included in Highway Contract Spccial Provisions:
The City desires to adjust their manhole covers immediately prior
to contractor's final finish pavement operation.
E.. This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one)
o prior to highway contract advertisement, and relocation should be _ % complete by date of
preconstruction conference. .
o concurrently with project advertisement.
00 concurrentlv with commencement of hi!!:hwav 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 endeavr to fully cooperate with the DEPARTMENT, and its Contractor, ill
cleariue; .the'projer.t right of way as .f({(pediti u y as possible. The AGENCY'S Field Representatives can be contacted
at. 1';0. "OX 219 Clermont fL /, , Telephone Numbed:04)~9"i~92
IIITTED FOR TilE AGENCY BY, 11 Dale, /~
RTM~;NTAL APPROVAL BY, Dale, 12//Y.7(
FORM 722-10 STATE OF FLORIDA DtPARTMHNT OF TRANSPORTATION
I-7~ DIVISION OP ROAD OPERATIONS
PA~t I oP a UTILITY RELOCATION AGREEMENT
IAt Municipal Expense)
COUNTY SECTION UTILITY JO• NO. fTATt ROAD NO. COUNTY NAMt PARC[L i R/W JOt NO.
11 090 6514 561 Lake 1 N/A
TIIIS ACREEMEN'C, made and entered into this. ~i~~ day of ~~f~o-~~ ti ,
197, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the DEPARTMENT, and the CITY OF CLERMONT ,
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. 1 j090-6514 ,Road No. S . R. 561 between _ Pal atke River
and S.R. 25 (4.2 m11es~
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 DEPARTMENT 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 pazties as follows:
FORM 722-10
rAGLr 2 OF 3
1. The CITY agrees to make or cause to be made all arrangementsfor 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 carder a contract let by the CI'T'Y, 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 WorK' 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 Cl'1'Y 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 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
,_
row~+ ass-~ o
rAOtDOFD
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 this instrument to be duly executed, the
day and year first above written.
WITNESSES:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
As to the DEPARTMENT
BY:
ATTI
~'• ' t/~
Q`-~-
As to T
CITY OF CLERl~NT ,FLORIDA
BY:
(Title )
ATTEST: (SEAL)
Approved as to Form, Legality and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTA
BY • ~~~~
Aseistan t orney
~~ t
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~~ ES.i~
5tR1 C!5~1'~!C~' ~ ,
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