Resolution 2006-051
RESOLUTION NO. 2006- 51
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY
LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR LANDSCAPE DEVELOPMENT
IMPROVEMENTS WITHIN THE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF US 41N
FROM WIGGINS PASS ROAD TO IMMOKALEE ROAD.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County with
respect to approximately 1.519-centerline mile along State Road 45/US 41 North (Tamiami Trail);
Section 03010 from Mile Post 1.522 (from Wiggins Pass Road) to Mile Post 3.041 (Immokalee Road), in
which following FDOT written approval of a Landscape Development Plan, Collier County would install
and then maintain landscape development improvements in the amount of $619,682 for the initial
improvements; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the
best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Frank
Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FOOT along with the executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~~
By: ~~ ../'
FRANK HALAS, Chairman
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. . Attest . ,
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r;JJ7?""4 S~ienCY'
ott Teach
Assistant County Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 20 -' by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT", and COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 45/ US 41
(Tamiami Trail) as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of State Road 45/US 41 (Tamiami
Trail); Section 03010 from Mile Post 1.522 (Wiggins Pass Road) to Mile Post 3.041 (Immokalee
Road), hereinafter referred to as the "PROJECT"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolutiop dated . a copy of which is attached
hereto and made a part hereof, has authorized its I ~h a"i rm an "to enter into this Agreement on
behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on . to the following utilities/municipalities:
FPL. Collier County Public Water & Wastewater. Sprint Comcast Time Warner.
City of Naples. AT&T. Owest Communications. Peoples Gas and Collier County
Traffic Operations.
(b) Complied with all permit requirements from the appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder.
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference
made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic
650-050-001-e), as they may be amended from time to time.
3. The AGENCY agrees to maintain the landscape improvements in accordance with
the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made
a part hereof.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days. the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees wiU be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. AU landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
8. The term of this Agreement commences upon execution by both parties.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
10. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
COLLIER COUNTY BOARD OF
COUNTY CO~R
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TITLE:
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Atte t I' to Ch&...... .
AppAJW~ "and legal sufficiency:
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Scott Teach
Assistant County Attorney
G:/p1anning1fdot/moaIsr4Sm0apph4-collier.2-21.()6.doc
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST:
Executive Secretary
(SEAL)
Legal Review:
District Legal Counsel