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HomeMy WebLinkAbout1992-094' ;FORM 723-90 1•SS PAGE 1 OF 1 STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION " DIVISION OF PRECONSTRUCTION AND DESIGN COUNTY RESOLUTION UTILITY RELOCATION MASTER AGREEMENT A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES RELOCATION MASTER AGREEMENT FOR THE ADJUSTMENT` CHANGE OR RELOCATION OF CERTAIN UTILITIES WHERE LOCATED ON PROPERTY IN WHICH THE COUNTY HAS COMPENSABLE INTEREST', AND PROVIDING %HIEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION N0. 92-94 ON MOTION OF Commissioner - Scurlock seconded by Bird , the following Resolution Inas 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 compensable interest be adjusted, changed or relocated; AND WHEREAS, the State of Florida Department of Transportation having requested the Counh• of Indian River Florida, to execute and deliver to the State of Florida Department of Transportation an Utilities Relocation Master Agreement, agreeing to make or cause to be made such adjust- ments, changes or relocation of said utilities and facilities as set forth in the plans and specifications for that project, and said request having been duly considered; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said Count% 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 and Utilities Relocation Master Agreement for the adjustment, change or other relocation of utilities and facilities located on property in which the County holds compensable interest. and for which the County is entitled to he reimbursed for the cost of said utility relocation. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Stale of Florida Department of Transportation at Tallahassee. Florida. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County, Florida in regular session, this 23 day of ' lune,/ 198 1992 L-n.;s , yla' yy he "Ub9'ft' " 1 y Commissioners ATTEST: - t Clerk o t card -of County Con m ssione s T Indren give C¢ ADAr Oved ogle Admin, G"/;X-, N' a Legal d 7-9 Z Budget cl L-- - Dept. Risk Mgr. I FORM Tff-!a t -8s PAGE 1 Of 0 • STATE Of FLORIDA DEPAR TMENT OF TRANSPORTATION DIVISION OF PRECONSTRUCTION AND DESIGN UTILITY RELOCATION MASTER AGREEMENT RELOCATION FROM PRIVATE PROPERTY (COUNTY) THISAGREEMENT, made and entered into this _93—dayof Jt1ne-198449.2bY and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the COUNTY of Tndi an Ri var a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT proposes to engage in certain projects for construction, reconstruction or 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, vii: 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 systems, 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 lawsof the State of Florida the expense of said "Relocation Work" may qualify for reimbursement to the COUNTY where COUNTY'S facilities lie on property in which the COUNTY holds a compensable interest; AND WHEREAS, the term "cost of relocation" shall include the entire amount paid by the COUNTY properly attributable to each such relocation afterdeducting therefrom any increase in the value of the new facility and any salvage value of materials 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 DEPARTMENT has served an order on the COUNTY regarding relocation of the COUNTY'S facilities along, over and tinder property in which the COUNTY holds a compensable interest, the COUNTY hereby agrees to relocate the necessary parts of said facilities in accordance with the provisions set forth in DEPART\I ENT Rule 014.046.01 "Utility Accommodation Guide." Florida Administrative Code. dated NIay 4, 1970; any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. 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 COUN'T'Y, all under the supervision and approval of the DEPARTMENT. FORM 723.11 1.11 ►AO! 2 OF 1 2. The COUNTY further agrees to fully comply with the provisions of Title VI of the Civil Rights Act of 1961 in connection wit lit he "Relocation Work" covered by this agreement, and such compliance will be governed by the applicable method described hereafter: a. When the COUNTY will perform all or part of such "Relocation Rork" by a Contractor paid under a contract let by the COUNTY, then the Appendix "A" of Assurances attached to this agreement will be included in said contracts let by the COUNTY; b. When the COUNTY will perform all of such "Relocation Work" entirely with COUNTY'S forces, then Appendix "A" of Assurances is not required; c. When the "Relocation Work" involved is agreed to byway of just compensation for the taking of COUNTY'S facilities right of way in which the COUNTY holds a compen- sable interest, then Appendix "A" of Assurances is not required; d. When the COUNTY will perform all such "Relocation Work" entirely by continuing contract, which contract to perform all future "Relocation Work" was executed with COUNTY'S Contractor prior to August 3, 1965, then Appendix "A" of Assurances is not required. 3. The DEPARTMENT hereby agrees to reimburse the COUNTY for all costs incurred by it in each such relocation of said facilities, in accordance with the provisions set forth in DEPART. HENT Procedure 132.0.16 "Reimbursement for Utility and Railroad Relocation," dated October 1. 1973, and any supplements or revisions thereof. It is understood and agreed by and between the parties that preliminary engineering costs not incorporated in the COUNTY's plans and esti- mates, as approved by the DEPARTMENT, shall not be subject to payment by the DEPART• HENT. 4. Plans and specifications of the work to be performed by the COUNTY on each project contemplated under the terms of this agreement are made a part hereof by reference, upon approval by the DEPARTMENT. All work performed by the COUNTY pursuant hereto shall be performed according to these plans and specifications as approved by the DEPARTMENT, and all subsequent plan changes shall likewise be approved by the DEPARTMENT. All "Relocation Work" covering facilities to be relocated to a position within the highway right of way will be accommodated in accordance with the provisions of said "Utility Accommodation Guide," and any supplements thereto or revisions thereof. 5. All labor, services. materials and equipment furnished by the COUNTY in carrying out the work to be performed hereunder on each project shall be billed by the COUNTY direct to the DEPARTMENT. Separate records as to the cost of contract bid items and force account items performed for the COUNTY on each project shall also be furnished by the COUNTY to the DEPARTMENT. FORM 722.52 1.02 ►AGE 2 0► f 6. The COUNTY and the DEPARTMENT agree that the method to be used in developing the relocation or adjustment cost may be any of the following: a. Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. b. Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COUNTY and approved by the DEPART- MENT. c. An agreed lump sum as supported by a detailed analysis of estimated cost, such specific sum and analysis to be attached to the COUNTY's plans and specifications and approved by the DEPARTMENT (Note: This method is not applicable where the estimated cost of the proposed adjustment exceeds $25.000). The COUNTY shall clearly state the applicable method in its plans, specifications and estimates as submitted to the DEPARTMENT. 7. The DEPARTMENT and the COUNTY agree that the adjustment of the COUNTY'S facilities on individual projects may require the operation of the old facility until the new facility is functioning. If the old facility must remain in operation until the new facility is functioning, the reason(s) must be clearly stated in the COUNTY'S plans, estimates and specifications as submitted to the DEPARTMENT. 8. The DEPARTMENT and the COUNTY agree that the proposed new facilities on individual projects to be installed in the COUNTY'S system may remain in useful service beyond the time when the overall (old) facility, of which it is a part, is replaced. If the new facility will remain in useful service as above and indicated in the COUNTY'S plans and specifications, or if an entirely new facility is constructed and the old facility retired, credit for expired service life will apply and the estimated or actual credit must appear in COUNTY'S plans and estimates. 9. The adjustment of the COUNTY'S facility on each project may involve additional "Reloca- tion Work" over and above the minimum reimbursable requirements of the DEPARTMENT; which condition shall be clearly stated in the COUNTY's plans, estimates and specifications. If upgrading or nonreimbursable "Relocation Work" is involved at the option of the COUNTY on any project, then credit against the cost of the project is required and will be governed by the applicable method described hereinafter: a. A certain percentage being applied to the final billing of work actually ac- complished to determine required credit for betterment, expired service life or non. reimbursable segments; such percentage to be clearly stated and explained in COUN- TY'S plans and estimates. b. All "Relocation Work" involving nonreimbursable segments being performed by special COUNTY work or job order number apart and separate from reimbursable "Relocation Work," such work or job order number to be clearly slated in COUNTY'S plans, estimates and specifications as submitted to the DEPARTMENT. The COUNTY further agrees to clearly identify such work areas in the COUNTY'S plane and specifica- tions for the "Relocation Work" covered under this agreement; c. A certain lump sum credit for betterment, expired service life or nonreimbursable segments in accord with Article 6(c) hereinabove and clearly stated in the COUNTY'S plane and estimates. FORM 723•62 1.22 /AGIE 4 OF 2 10. It is specifically agreed by and between the DEPARTMENT and lite COUNTY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COUNTY as a result of the above relocation work. 11. It is further agreed that the cost of all improvements made during the relocation work on each project shall be borne by the COUNTY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of relocation of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 12. Upon completion of the work on each project the COUNTY shall, at the earliest date practicable, and in no event later than one hundred eighty (180) days following the date of completion of the "Relocation Work" by the COUNTY, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work on each project performed hereunder, such statement to follow as closely as possible the order of the items contained in the COUNTY's estimate as approved by the DEPARTMENT. Upon the COUNTY's failure to submit proper billing within the 180 day period, the DEPARTMENT may at its discretion, audit the COMPANY'S records and thereby determine the reimbursable amount. The COUNTY hereby waives any right of appeal or protest of such amount as determined by audit. The totals for labor, overhead 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 with the approved plans and estimates. Materials shall be itemized where they ion, following the pattern set out in the represent major components or costs in the relocat approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said hill in relative position with the charge for the replacement or the original charge for temporary use. The f incl billing shall show the description and site of each project; the dale on which 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. Adequate reference shall be made in the billing to the COUNTY'S records, accounts and 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. 132.0+6, the DEPARTMENT agrees to reimburse the COUNTY 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 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 subcontrac- tors 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. It is specifically understood and agreed that this indemnification agreement does not coyer nor indemnify the DEPARTMENT for its own negligence or breach of this contract. FORM 723-53 1-83 PAGE 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officer, and their official seals hereto affixed the day and year above written. STATE OF FLORIDA DEPARTME OF TRANSPORTJkTION BY: (SEAL) State Engineer ATTEST: Executiv S cretary COUNTY, FLORIDA BY: G�Ts- (SEAL) Carolyn K. Egge Board of County ---- (Title: rnmmi ccinn hairman ) mann i;vcrCn a.ec a td Dale �_ ,—.• �� ... Admin. y �—/ 7— Leo" �Q ATTEST: I o-`1 6 L --------- — ----- Risit Mgr. Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: 92 Assistant Attorney