Backup Documents 12/13-14/2011 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL 1'! 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. omtk katil__ b1A--0
5. Ian Mitchell, BCC Supervisor Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff j
Iv) f I I , ,W� Phone Number 2S ��
Contact 0 `y :! liz
Agenda Date Item was Age a umber
Approved by the BCC �� I4�� I number
Type of Document ' �I` Number of Original
cilitkhed b 0' ' I ' ► l ocuments Attached
YJ/307 (r1 4 i - ■■
Initial the Yes column or mark"N/A"in theme of Applicable column, hichever is Yes N/A of _may
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC \�
Chairman and Clerk to the Board and possibly State Officials.) J�
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board •Y� 1
3. The Chairman's signature line date has been entered as the date of BCC approval of the Vont\
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 1740 I( (enter date)and all changes
made during the meeting have been incorporated in the attached document.The
County Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 7.31.09
16 A 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION 2011 — 21 4 Form No.
UTILITY AGREEMENT um'ees
Rev. 00 /00
Financial Project ID: 195416- 4 -52 -01
Federal Project ID: N/A
County/Section No: 03001
State Road No.: 84
District Document No: 1
Utility Agency /Owner (UAO): Collier County
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"FDOT ", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the
"Project," and
WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for Collier County, Florida,
hereinafter referred to as the Utility Agency /Owner ( "UAO ") to execute and deliver to the FDOT the agreement identified
as Roadway Lighting System Maintenance Agreement, hereinafter referred to as the "Agreement ";
NOW, THEREFORE, BE IT RESOLVED BY THE UAO:
That Fred W. Coyle, Chairman of the Collier County Board of County Commissioners be hereby authorized and
directed to execute and deliver the Agreement to the FDOT.
This Resolution is hereby adopted after motion, second and majority vote this 13th day of December 2011. A
certified copy of this Resolution is to be forwarded to the FDOT along with the executed Agreement.
ATTEST. ,-
DWIQ � Tl— t.'Bk6t' `CLERK
___ ._ — �
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Y
IL-t- W
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
4ff
41/ Scott R. Teach, A,9sidVu4f-60u.n� A#vror
Deputy County Attorney
C: \Ray's Documents \Forms \Resolution Utility Agreement.doc
16 A 12
STATE OF MORIOA DEPARTMENT OF TRANSPORTATION Far Na 71"IM
ROADWAY UGHTING SYSTEM MAINTENANCE AGREEMENT 1=4
Financial Project ID:195416- 4,52 -01
Federal Project ID: WA
County: Collier
Slate Road No.: 84
DkWct: Document No:1
Udlity Agency/Owner (UAO): Collier Cou
THIS AGREEMENT, entered into this l3 ' day ofZ=&!2XG year of a2 1 by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOr and
Collier County , hereinafter referred to as the "MAINTAINING AGENCY";
WITNESSETH:
WHEREAS, there exists or Is about to be installed on the stale highway system a lighting system more
particularly described in Exhibit A attached hereto, and by this reforenoe made a part hereof, hereinafter referred to as
the Roadway Lighting System; and;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of the Roadway Lighting System
a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting
System throughout its expected useful life.
b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all act Liss
necessary to keep the Roadway Lighting System fully and properly functioning at all times for Its normal
expected useful life in accordance with the original design thsred, whether necessitated by normal wear
and tear, accidentel or intentional damage, or act@ of nature. Said makmtenarmoe shall include, but shall
not be united to, routine inspection and teaft, preventative maintenance, ermsryency maintenance,
replacement Of any component Parts d the Roadway Lighting System (including the poles and any and
all other component parts ins UAW as part ofthe Roadway Lighting System), and the locating of facilities
as may be necessary.
C. All maintenance shall be in accordance with the provisions of the following:
(1) Roadway and Roadside Maintenance Procedure, Topic No. 850.0006-015;
(2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway
Construction; and
(3) All other applicable local, state or Federal laws, rules resolution, or ordkanxes and FOOT
procedures.
2. Operating Coals
In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be
responsible for all costs of operating the Roadway Lighting System, inciuding, but not limited to, all costs of
electrical power consumed by the Roadway Lighting System and all other electrical charges.
3. Record Keeping
Pam 1 of 6
STATE OF FLORIDA DEPARTMENT OF TRAPOPOWATION Fam No. 71M084
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT
The MAINTAINING AGENCY shag keep records of all activities Performed and r r In expended pursuant to this
Agreement. The records shall be kept in such format as is approved by the FDOT. AN such records shall be
deemed to be public records subject to the provisions of Chapter 119, Fkxtda Statutes.
4. Defauk
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any
other remedies which are otlrerwise provided for in this Agreement, the FDOT may exercise one or more of the
following options, provided that at no time shah the FDOT be entitled to recsW double recovery of damages:
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities
on FDOT property if the breach Is material and has not been cured within 60 days from written notice
thereof from FDOT until such time as the broach is cured.
C. Pursue any other remedies 1801y available.
d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof
from the MAINTAINING AGENCY.
e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING
AGENCY's sole cost and expense.
5. Indemnification
FOR GOVERNMENT MAINTAINING AGENCY:
To the extent provided by law, the MAINTAINING AGENCY shall indemnify, de§wW, and hold harmless the
FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense
arising out of any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, its agents,
employees, or contractors during the performance of the Agreement, whether dired or indirect, and whether to
any pin or property to which FDOT or said parties may be subject, except that neither the MAINTAINING
AGENCY, its agents, employees, or contractors will be liable under this section for damages arising out of the
IMury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any
of its officers, agents, or emmployess during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the MAINTAINING
AGENCY in the performance of services required under#* Agmemern, the FOOT will immediately forward the
claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and
report their findings to each other within fourtsen (14) working days and will jointly discuss options in defending
the claim. After reviewing the claim, the FDOT wig determine whetter to require the parkipation of the
MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the
FDOT in such claim as described in this section. The FDOTs faWure to notffy the MAINTAINING AGENCY of a
chin shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT
and the MAINTAINING AGENCY will ir pay he own costa for the evaluation, settlement negotiations, and trill, if
any. However, if only one party participates in the defense of the clslm at trial, that party is responsible for all
costs.
FOR NON - GOVERNMENT MAINTAINING AGENCY:
The MAINTAINING AGENCY shag indemnify. defend, and hold harmless this FDOT and all of its offlows,
agents, and employees from any claim, loss, damage, coK charge, or expense arbtng out of any ads, action,
error, neglect or omission by the MAINTAINING AGENCY, its agent, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whsdwto any person or property to which FDOT
PaO.Zda
16A 12"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fpm No. 7IM0452
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ,u 4
or said parties may be subject except that neither the MAINTAINING AGENCY, its agents, employees, or
contractors will be liable under this section for damages arising out of the injury or damage to persons or
property dimcly caused by or resulting from the negiigence of the FDOT or any of its officers, agents, or
employees during the performance of this Agreement.
The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defisnss or at the FDOTs
option, to participate and associate with the FDOT in the defense and trial of any damage claim or auk and any
related seftlernent negotiations, stall arise within fourteen (14) days of receipt by the MAINTAINING AGENCY
of the FDOT's notice of claim for indemnific:adon to the MAINTAINING AGENCY. The notice of claim for
indemnification shall be served by certified nail. The MAINTAINING AGENCY's obligation to defend and
indemnify within fourteen (14) days of such notice shall not be excused because of the MAINTAINING
AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and
determines the MAINTAINING AGENCY is not liable or determines the FDOT is solely negligent. Only a final
adjuudketion or judgment finding the FDOT solely negligent stall sicuss performance of this provision by the
MAINTAINING AGENCY. The MAINTAINING AGENCY shell pay all costs and fsss related to this obligation
and its enforcement by the FDOT. The FDOTs delay in nx>tifyirg the MAINTAINING AGENCY of a claim shall
not release the MAINTAINING AGENCY of the above duty to defend.
6. Force Majeure
Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under
this Agreement to the a dent such performance is prevented by an act of God, war, riots, natural camstrophe, or
other event beyond the control of the non - performing party and which could not have been avoided or overcome
by the exercise of due diligence: provided that the panty claiming the am= from performance has (a) promptly
notified the other panty of the occurence and its estimate duration, (b) pmriptiy renadled «mitigated the eflec
of the occurrence to the extent possible, and (c) resumed perlbrmanoe as soon as possible.
7. Miscellaneous
a. This Agreement constitutes the compide and final wWession of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with rasped thereto,
except that the parties understand and agree that the FDOT has manuale and written policies and
procedures which shall be applicable at the time of the Project and the relocation of the Facilities and
except that the MAINTAINING AGENCY and the FDOT may have entered 'rift joint agreennarmfs for Wily
Work to be performed by FDOTs highway contractor. To the extent that such a joint agreement exists,
this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals,
poWn, and procedures will be provided to the MAINTAINING AGENCY upon request.
b. This Agreement stall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unardorcesble shall be severable and shall not ~ the validity of the remaining provisions
hereof.
c. Time is of the essence in the performance of all obligations under this Agrees ant.
d. All notices required pursuant to the temps hereof may be sent by find class United Stales Mail, facsimile
transmission, hand delivery, or express mail and Mail be deemed to have been received by the and of five
business days from the proper sending thereof unless prod of prior actual receipt Is provided. The
MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the
appmpriale persons for nodioes to be seat pursuant to #6Agreement. Unless otherwise notified in writing,
notices shall be sent to the following addresses.
PpPida
16A1
STATE OF FIOMMA OEPARTM9 OF TRANSPORTATION Faom W 71"IM
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT I,'„'
If to the MAINTAINING AGENCY:
Anthony Khawaja, P.E. Engineer Traffic Operations
Growth Management Division, Traffic Operation
2885 Horseshoe Drive South, Naples FL 34104
If to the FOOT
District Utility Administrator
801 N. Broadway Ave.
Bartow, FL 33830
e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
An entity or affiliate who has been placed on the disairninatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction tion or repair of a public buildup or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any pubic entity.
8. Cerdffcation
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY in the form of additions. deletions, or substitutions we rolocbed only in an Appendix
entitled Changes To Form Document and no shape is made In the text of the document itself. Hand notations
on affected portions ofthis document may referto changes rsAsctsd in the above-rransd Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the
MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except
through the terms of the Appendix entitled Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
❑ No changes have been made to this Forma Document and no Appendix entitled 'Changes to Forth
Document' is attached.
❑ No changes have been made to this Forth Document, but changes are included on the attached Appendix
entitled 'Changes to Form Document.'
POW 4 or 5
- - 16A 12
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fan No. 71401062
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ," 0'
IN WITNESS WHEREOF, the parties hereto have executed this Agmement effective the day and year first
written.
MAINTAINING AGENCY
DATE: a : I
BY: (Sianaturs) rl j
i
i1YPed Fred W. Coyle, Chairman, Collier County Board of Commissioners
Recommend Approval by the District Utility OMke DATE:'December 13, 2011
BY: (Sianaturs)
.(Typed Name: John M. Faison )
FDOT Legal Review
BY: (Sianaturs) DATE:
(Typed Name: ) District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Sianaturs) DATE:
(Typed Name: )
(Typed Tide: )
FEDERAL HIGHWAY ADMINISTRATION (N applic")
By: WA DATE: WA
(Typed Name. WA )
(Typed Tide: WA )
ATTEST.. ... ..: •
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