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Home My WebLink About1992-093A%6 FORM 791 AS 1.4111 FADE 1 OF I STAT{ Or FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF FRSCONSTaIJOTION AND DESIGN COUNTY RESOLUTION UTILITY RELOCATION MASTER AGREEMENT (AT COUNTY EXPENSE) A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES RELOCATION DIASTER AGREEMENT FOR THE ADJUSTMENT. CHANGE OR RELOCATION OF CERTAIN UTILI- TIES WHERE LOCATED ON PROPERTI' IN WHICH THE COUNT)'HAS NO CODIPENS. ABLE INTEREST. AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 94203 ON MOTION OF Commissioner ccurI ock _.seconded by Commissioner Bt rd . the following Resolution was adopted: WHEREAS. the State of Florida Department of Transportation proposes to engage in certain projects for construction, reconstruction or other change of portions of the State Highway System; AND WHEREAS, in order for the State of Florida Department of Transportation to complete said projects, it may be necessary that certain utilities and facilities located on property in which the County holds no compensable interest be adjusted, changed or relocated; AND WHEREAS. the State of Florida Department of Transportation having requested the County of Indian River , Florida, to execute and deli%er to the State of Florida Department of Transportation an Utilities Relocation Master agreement, agreeing to make or cause to be made such adjustments, changes or relocation of said utilities and facilities asset forth in the plans and specifications for that project, and said request ha% ing been duly considered; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said County that the Chairman and Clerk be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation an Utilities Relocation Master Agreement for the adjustment, change or other relocation of utilities and facilities located on property in which the County holds no compensable interest. BE IT FURTHER RESOLVED that a certified copy of this Resolution he forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED AND PASSED by the Board of County Commissioners of Indi an R ver County. Florida in regular session, this 21 day of lune 1 9 9 2 ;1AZ Chairmag of the Bo4dd County Commissioners Carolyn K. Egger C� In_ITI fLear Co .�.�7(OvcU DOIC ATTEST: �.� Le?�i— 7,12 Clerk of the Board of County Commissioners .H�;u fvl•p. �•e FORM 733-0: 1.03 PAGE 1 OF 3 STATE OF FLORIDA DEPARTMENT O► TRANSPORTATION DIVISION O► PRECONSTRUCTION AND DESIGN Utility Relocation Master Agreement (At County Expense) THIS AGREEMENT, made and entered into this -13 day of .fuuE 19173--. by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR' TATION, hereinafter called the DEPARTJI ENT, and the COUNTY of _rAh6tRN a political subdivision of the State of Florida, acting by and through its Board of Countv Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT proposes to engage in certain projects for construction, reconstruction and other change of portions of the State Highway System which shall call for the relocation of the COUNTY'S facilities along, over and under the highways on said projects, viz: Any and all COUNTY owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV -cable sys- tems, including poles, pole lines and underground facilities thereof, and any other COUNTY owned or operated facilities or utilities within the limits of said projects; AND WHEREAS, the plans for said construction, reconstruction or other change are to be reviewed by the DEPARTMENT and the COUNTY; such utility relocation to hereinafter be designated as "Relocation Work"; AND WHEREAS, under the laws of the State of Florida said "Relocation Work" must be accomplished at the sole expense of the COUNTY when COUNTY'S facilities lie on property in which the COUNTY holds no compensable interest; NOW, THEREFORE. in consideration of the mutual covenants hereinafter contained it is agreed by the parties as follows: I. When the DEPARTMENT has served an order on the COUNTY regarding relocation of the COUNTY" S facilities along, over and under property in which the COUNTY holds no compensa• ble interest, the COUNTY agrees to make of cause to be made all arrangements for necessary adjustment of changes of its facilities at COUNTY'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 DEPARTJIENT for construction or reconstruction of said portions of the State Highway System, prior to the advertising for bid on said project. The COUNTY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the COUNTY, all under the directions of the DEPARTMENT'S engineer. roRM 723•/2 i •w PAGE a or a 2. The COUNTY further agrees that said adjustments. changes or relocation of facilities will be made by the COUNTY with sufficient promptness so as to cause no dela%y to the DEPARVENT or its contractor in the prosecution of such construction or reconstruction work; provided, however, that the COUNTY shall not be responsible for delay beyond its control. and that Stich "Relocation Rork" will be done under the direction of the DEPARTMENT'S engineer; and the COUNTY 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 to delays caused by the COUNTY'S negligence; and that the COUNTY 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 COUNTY further agrees that it will maintain and keep in repair, or cause to be mainjained and kept in repair, all of such adjusted, changed or relocated COUNTY 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. 3. The DEPARTMENT agrees to furnish the COUNTY with all necessary highway construc- tion plans that are required by the COUNTY to facilitate the COUNTY'S "Relocation Rork". 5. The DEPARTMENT further agrees that the COUNTY 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 occupancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT as of the date of this Agreement. 6. Itis mutuall%y agreed that the COUNTY'S plans, maps or sketches showing any such facility or utility to be adjusted, changed or relocated on any individual "Relocation Work" project are, when approved by the DEPARTMENT, made a part hereof by reference. 7. The COUNTY 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 COUNTY, its employees, agents, representatives, or its subcontractors due in whole. or in part, to conditions, actions, or omissions done or committed by the COUNTY: or its subcontractors, its employees, agents, representatives, or its subcontractors. FORM 723-52 1-83 PAGE 3 OF 3 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 DEPARTME T OF TRANSPORTATLON BY Sta V ighway Engineer ATTEST: lJf 4011"-- Executiv ecretary —TF i d i a'p 8aW-'-q BY: �. �j�rd ,'Carolyn Egger of Couni (Title: 6i'ssiic�6#*#� ATTEST: COUNTY, FLORIDA Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: A sistant Attorney (SEAL) _n.im River Cn Approved Dere --? z 11 u LOft I--