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R-79-340• • RESOLUTION NO. 7 9- 3 4 0 RESOLUTION OF THE CITY OF CLERMONT FLORIDA, CONFIRMING A MAINTENANCE INSTALL. RAIL/HIGHWAY GRADE CROSSING PAVEMENT MARKINGS AND SIGNS AND AUTHORIZING THE MAYOR OF TES CITY TO EXECUTE THE AGREEMENT' PERTAINING THERETO WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. WE-AREAS, the State of Florida Department of Transportation is utilizing federal-aid funds for installation of pavement markings and advance warning signs at rail/highway grade crossings at various ' locations in Clermont , WHEREAS, The City of Clermont will assume maintenance responsibilities for the above markings and signs upon completion of construction, NOW, THEREFORE, BE IT RESOLVED by the City of Clermont, Florida in open meeting on this 13th day of Nov. , 1979, as follows: The City approves the necessary agreement with the State pf Florida Department of Transportation, and hereby authorizes the Dlayor to execute said agreement. DONE AND ORDERED IN OPEN MEETING. CITY OF Clermont BY ~ E~` - ~ yor CLAUDE E. SMOAK, JR. ATTEST: er DOLORES W. CARROLL a • CITY: SECTION: LOCATION DESCRIPTION: VARIOUS LOCATIONS IN CLERMONi AS SHOWN ON THE PROJEZ"~I~il~. AGREEMENT THIS AGREEMENT, made and entered into this ~ day of 19~`J, by and between the STATE OF FLORIDA DEPAR'IMEEM' OF TRANSPORTATION, hereinafter called the Department, and the City of Cle rmon t FLORIDA, hereinafter called the City: W I T N E S S E T H W[-~,REAS, the Department is preparing to undertake'a Project within the City consisting of installation of pavement markings and advance warning signs at rail/highway grade crossings, which will be of benefit to the City, and WHEREAS, approval of federal aid necessary to the Project requires agreement by the City to maintain the pavement markings and signs upon completion of construction. NOW, THEREFORE, in consideration of the premises, the parties agree: 1. The Department will undertake the Project and obtain approval for federal participation. 2. Upon completion the City will assume responsibilities for maintenance of the markings and signs. IN WITNESS WE~REOF, the parties hereto have set their hands and affixed their seals on the day and year first above written. CITY OF ~ BY : l~ d TITLE: ATTEST:-~, (SEAL) TITLE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: uty cretary or Administration ATTEST: (SEAL) ecutive cretary FORM 722-60 ST FLORIDA DEPARTMENT OF TR ANSPORTAT 7_77 PAGE , of , DIVISION OF ROAD OPERATIONS CITY RESOLUTION UTILIT Y INDEMNIFICATION AGREEMENT COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. 11 090 6514 561 Lake 1 N/A A RESOLUTION AUTHORI7,ING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RF,LOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PRO- VIDLNG W}iEN 'I'H1S R1~~SOLUTION SHALL TAKE EFFECT. RESOLUTION N 339 ON MOTION Oh'(~(~,ommissioner (Councilman) ~ ,seconded by Commissioner (Council- man) ~~ ,the following Resolution was adopted: WHEREAS, the State oI' Florida Department of Transportation has located and proposes to construct or reconstruct a part of State Road 561 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-~Vay limits of said State Road 5ti1 , be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Clermont ,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, ands id ~equest having been duly considered, NOW THEREFORE, BE IT RESOLVED by the ` ~ ~ of the City of C1ermOnt Florida, that the Mayor and Clerk (City Manager) be 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, change or relocation of certain utilities within the Right of Way limits of said State Road 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 Ldkp 1 Il}~;RERY CE/R~TIFY that the foregoing is a true and correct copy of a Resolution adopted by the ~C,~__; _~g~~~A~- of the City of C1ermOnt ,Florida at a meeting of said / "~t~^~-~'~~ ,held on this ~~ --~ day of , A. D. 197__x__. ~ ~ ~ WITNESS my hand and seal on this I~ day of , A. D. 97~. By Clerk (.Gi#~ager) of the City of C1 ermont ,Florida. (SEAL) FORM 722-05 S F FLORIDA DEPARTMENT OF TRAN SPO RTA 7;7'S ~ DIVISION OF RO.(~a•OPERATIONS PAGE 1 of ~ TY/RAILROAD RELOCATION SCHEDU COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. 11 090 6514 561 Lake 1 N/A /~,~ ;~ AGENCY CITY OF CLERMONT A. B. Facilities Involved (Detail as to Type and Location): Sanitary Sewer Manholes; 1 at Minneola and ath 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 D E.. Anticipated Relocation Schedule (Based on normal schedule and 5-day work week): ITEM CALENDAR DAYS ESTIMATED Preliminary Engineering Material Procurement Right of Way Acquisition Contract Negotiations (for utility/railroad work) Other Construction (actual utility/railroad relocation time at job site) _ ( 30 )~' ESTIMATED MAXIMUM TOTAL 3~- Days ADJUSTED UTILITY/RAILROAD RELOCATION PERIOD (Allow for concurrent activities) ESTIMATED MINIMUM TOTAL 30 Days See Highway Contract Special Provisions Special Notation(s) to be included in Highway Contract Special Provisions: The City desires to adjust their manhole covers immediately prior to contractor's final finish pavement operation. This AGENCY proposes to commence actual relocation and/or adjustment work: (Check one) ^ prior to highway contract advertisement, and relocation should be % complete by date of preconstruction conference. ^ concurrently with project advertisement. [~] concurrentl with commencement of hi hwa 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 endeav r to fully cooperate with the DEPARTMENT, and its Contractor, in clean he rojec righ of wa as expeditiy~u~s y as possible. The AGENCY'S Field Representatives can be contacted at: ~~• [~ox 2119, C~ermorSt, FL /~~~ / _„ ~ Telephone Number:(~04~ 394-4592 SUBMITTED FOR 'CHE AGENCY BY: ,~ ~ ~ ~/ ~ Date: ~~ DEPARTMENTAL APPROVAL BY: Date: ~? eer ' / 1 FORM 722-70 PAGE 2 OF 3 ~J 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 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 World' 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 ail 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 the State's right of way, according to the terms of the standard permit required by the State Statutes for oecu- pancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT ~s 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 elemands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in • • FORM 722-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-74 DIVISION OF ROAD OPERATIONS PAGE 1 OF3 UTILITY RELOCATION AGREEMENT (At Municipal Expense) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL d R/W JOB NO. li 090 6514 56i Lake 1 N/A 1 THIS AGREEMENT, made and entered into this. -` day of ~ ~~ h- , 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 referrcd to as the CITY. R'ITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Job No. 11090-6514 ,Road No. S . R. 561 between Palatka River and S.R. 25 (4.2 miles , which shall caII 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 parties as follows: