Resolution 94-758STATE OF FLORIDA OhPARTMENT Of TRANSPORTATION
C SOI,U'r10N
94-159
UTILITY RbwCn'nON AOREewtervT
ORIGINAL
EEI+IUNOIE
A RESOLl1T10N AUTHORIZING THE CITY'S u~i..t MAYOR 70 EMIIZ
MTO AN AGREEMENT, ON BEHALF OF TI1E CITY of LONG WOOD,
FLORIDA, WITFI TI1E FLORIDA DEPARTMENT OF TRANSPORTATION FORTF[E
RF,LOCATION, CHANGE OR ADNSTMENT OF CITY OWNED UT[L1TY
PACILITIES LOCATED ON STATE ROAD 41A.
WHEREAS, the Sinte of Florida Department of Transporation proposed to conswct or
rewnstrum a part of Stave Road 434; and
WHEREAS, in order for the State of Plorida Depanment of Ttanspor[ation to ftuthu and
omplete said project, it is necessary that oettaiv utility facilities within dte limits of said State
Road 434 project be adjusted, changed or relocated; end
WHEREAS, the State of Florida Department of Transportation having requested the City of
Longwood, Florida, to execute vtd deliver to the Stare of Florida Depaztment of Trarlsporcation
a Utility Agreement, agreeing to make or cause to be made adjustments, changes or relocations
of said utility facilities as set oat In said Agreement, and svd request having been duly
consideced;
NOW TFIEREFORE BE IT RESOLVED 6Y THE CITY COMMISSION OF THE CITY OP
LONG WOOD, FLORIDA:
That A .~-,(a~~ rnatil a dr/R be hereby authorized and
directed to execute and deliver to the Stvve of Florida Depnrtmwt of Transpoaanon a Utility
Agree nt for the adjustmen5 chwge or relocation of ceruin otllity facilities within dse limits
of said State Road 434.
A certifed copy of this Rwotution be for•varded w the Stara of Ploritla Depenmaztt of
Transportation along with the executed Utility Agreement.
ON~MOTION Of Cowcil Member ,~~Aee/f ,seconded by Cawcil Member
C ~ ,the above resolution was inuoduc9d and passed by the City of Longwood
Council meeting held nv the/~T'Y day of f.~(LC. 199
ATTEST: A ~~A~r ~~~
Cary Cicrk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
U'LILITY RELOCATION AGREEMEM
(At Municipal Expense)
I NO. PROIECf rvO. $TTTE ROAD No PnRCEI
SR 43a
MENT, made and entered imo this and between the
STATE OF FLORIDA DEPARTMENT OF iRArvSPOftTATIONaherelnaher called the OEPnftTMENT, and the
CITY OF LONGWOOD, a mun~c~pal corporation, M1ereinaher refered to ax the Cltt.
WITNESSETH:
WEIEREAS, the DEPARTMENT is cansvucdng, recanrtruaing or otherwise changing
a portion of the State Highway Sysem designated by the DEPARTMENT az Job No. ]]010-
6»5, Road Na 434, a[ the Intersection of SR 15/600 (US 1'1/92), wNCh shalt call for We
relocation of the CITY'S faoilities (owned by the CITY, whether whhiv the corporam limits
thereof or rat) along, over and/or under said highway, via:
Avy avd ell CITY owned or operated water mains, fire hydeanis,
atdtary sewers, gas mvns, fire and police call rystems, telephone,
elecvica4 relegraph end TV-cable systems, inelvding poles, pole
lines and underground facilities thereof, and any other CITY ovmed
or operated ntllities; and facilities witFdn such right of way.
AND WHEREAS, ttte plans for the said <onsuvcdom reconsvuctiov or orher chanSes to
be made, az above described, have been reviewed by the DEPARTMENT and Ne CITY, said
above described utility relocation to hereinafter be designated as "Relocation Work",
NOW, THEREFORE, in osideranon of the mutual covertevts hereinafter wnimned, it
rx agreed by the parties as follow
t. The CITY ae make o o be made all arrangements for essary
edjus rrohwges of its facilit es at CITY'S own exPeose and In a cordon
with Ne provision of Rule 014-46.01 "Utiliry Accommodation Guide" Florida
Admitusvative Code, and any supplements or revisions thereof as of the date of
Nis Agreem which, by refere ce here made a part of this Agree
avd Ne plans, designs and specificationsmof the DERARTN~NT forr the
n of said Pottions of the Sute Highway System, Prior
to the advertisingcfor bid on said project- The CITY fivNer agrees to do all of
such work wieh irs own forces or by a conva<tor paid under a contract Ier by the
CITY alt wder the direction of the DEPARTMENT'S engineer.
_. Tha CITY further agrees that said edjus , ohavges reloc v of facilive
will be made by the CITY with sufficient prompme no delay to
Ne DEPARTMEM or n the prosecution of such consvuction or
work; providednhow er, chat the CITY shall no[ be responsible for
delay beyondnits convol; and that such "Rebcation Work" will be done under the
d'vection of Ne DEPARTMENTS engineer; and Ne CITY further agrees Char in
the e m Me changes, edjus relo< n of such faoilitie militle
dooeVS multeneously with the cs nropcojeev, that i will be d'vectly
responsible for handling of any legal claims that the contractor may initiare due
ro delays caused by Ne CITY'S negligence; end that the C[TY will not proceed
wiN the "Reloc ov Work" with i¢ wn fore c adve or let et for
such work untilit has received Ne DEPARTMENT'S written auNoriry ro proceed.
3. She CITY fwNer agrees Nat it will maintain and keep iv repair, or cause to he
wined and keep in repair, all of such adjusted, changed or relocated CITY
caned oe operated facilities or utilities within the right of way of said pow n of
dre Stare Highway Synetn; and to wmply with a!I provision of Ne Iew, including
Rule 014-46.01.
4. the DEPARTN[ENT agrees to fivnish the CITY with all necessary highway
n plans that are required by the C[TY m facilitate Ne CITY'S
~Relocanon work".
5. The DEPARTMEM fivthu agrees that the C[TY may relocate its fnetlities upon
Ne State's right of way, according [o the terms of Ne standard permit required by
the State Statutes for occupancy of public righa-of-way. and all published
regulations lawfully adapted by the DEPARTMENT as of Ne dace of Nis
Agreement.
6. [r u murwlly agreed thnt the CITY's plans, maps or sketches showing any suoh
faeilitie utilities ro be adjusted, changed or relocared aze made a paw hereof
by reference.
7. The CITY covenants and agrees that it will indemnify and hold harmless to Ne
ant provided by Florida Sramtes, ]68 28, the DEPARTMENT and all of Ne
DEPARTMENT'S offcers, agents, and employees from any clclms, loss, damage,
t, chazge or expense arising out of any act, action, neglect or omission by Ne
CITY during Ne performance of the convact, whether direct or ind'veet, and
whether m any person or propem tv which DEPARTMENT or said panies may
ba subject, except Net neither CITY nor any of its subeonttaetars will be liable
under Nis n for damages sing o of injury or damage to person o
property d've<tly c used o resulting ffom Ne sote negligence of Ne
DEPARTMENT or any of itsrofficers, agents or employees.
8. The CITY will infnmt Ne DEPARTMENT'S appropriate Resident Engineer in
ling when Ney star oc resume work on Ne project
namo-et
vev
ee ~ on
IN WITNESS WHEREOF, the parties hereto have caused these presents to be execured
by their duly authorized officers, and their official seals hereto afhzed, dre day and year fvst
above xmtaen.
MIINICSPALITY: A~OZ1G'/nd y~JJJ g/
BY: ~ /~ -a^-~ (SEAL)
'T'itle: ~/~H-YO~
ATCEST: ~1~-~ ~Z'~-"~"~~-
Tide: ~LTY
Florida Depamnent of iransportatlon
6Y: (SEAL)
Robea H. Conelyou
Title: D'smct D're r of Praduc
ATCEST:
TiLLe: Executive Secretary
Legal Review Date:
BY:
Aaomcy - FDOT
Utitiry Review Uate-
Dme
utilities Offce