Resolution 1993-091
STATE OF FLORIDA DEFARTMENT OF TRANSPORTATION MARCH 9. 1993
DIVISION OF PRECONSTRUCT ION AND DESIGN
COUNTY RESOLUTION
UTILITY RELOCATION AGREEMENT
COUNTY
03
SECTION
OGO
UTILITY JOB NO.
GG01
STATE ROAD NO. COUNTY NAME
CR 92 COLLIER
PARCEL & RIW JOB NO.
1 NIA
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE
ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE
RIGHT OF WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 93-91
ews 93--1--
KWS 93-~
ON MOTION OF
by Commissioner
adopted:
Commissioner
Matthews
Volpe
the
following
, seconded
Resolution was
WHEREAS, the State of Florida Department of Transportation
proposes to construct or reconstruct a part of State Road CR 92,
AND WHEREAS, in order for the State of Florida Department of
Transportation to further and complete said project, it is necessary
that certain utilities and/or facilities within the Right-of-Way
limits of said State Road CR 92 be adjusted, changed or relocated,
AND WHEREAS, the State of Florida Department of Transportation
having requested the County of COllier, Florida, to execute and
deliver to the state of Florida Department of Transportation an
Utilities Agreement, agreeing to make or cause to he made such
adjustments, changes or relocations of said utilities and/or
facilities as set out in said Agreement, and said request having been
duly considered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of COllier, Florida, as the EX-Officio
the Governing Board of the Collier County Water-Sewer District,
Collier County, Florida, and EX-Officio the Governing Board of the
Marco Water-Sewer District of Collier County, Florida, that the
Chairman and Clerk of the Board of County Commissioners be and are
hereby authorized to make, execute and deliver to the State of
Florida Department of Transportation an Utilities Agreement for the
adjustment, change or relocation of certain utilities within the
Right-of-Way limits of said State Road CR 92, Section 03060-6601;
BE IT
State of
Florida.
FURTHER RESOLVED that this Resolution be forwarded to the
Florida Department of Transportation at Tallahassee,
INTRODUCED
Collier County,
1993.
AND PASSED by the Board of County Co;nmissioners"-"of
Florida, in regular session, this ~day of March,
ATTEST,! n" '
DWIGH~ 'E'~u BROCK, Clerk
4. . .
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BOARD OF COUNTY COMMISSIONERS,
EX-OFFICIO THE GOVERNING BOARD.
OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, COLLIER COUNTY, FLORIDA
AND EX-OFFICIO THE GOVERNING
BOARD OF THE MARCO WATER-SEWER
DIST ICT .OF. COLLIER COUNTY, FLORIDA
V4L'
Chal.rman
....~
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Approved as to form and
legal sufficiency:
t~:;~~. ?dViCh
Assistant County Attorney
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MARCH 9. 1993
FORM NO. 710-010-62
03/89
PAGE 1 OF 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT10N
UTILITY AGREEMENT
(At County Expense)
II.P.I. NO.
SECTION NO.
STATE ROAD
COUNTY NAME
PAR & JOI3 NO.
F.A.P. NO.
1123688
03060
CR 92
COLLIER
6601
NfA
TillS. AGREEMENT. made and entered into this f'r< day of %~A"__,.L<_ , 19f3,
by and between the STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
D~P^RTHENT. and the '. political subdivisionsof the State of
florida. acting by nnd throuah its Board of County Commissioners, hereinafter referred to
.s the GOUNTY. 'Board f C t CJ I I E fl' .
, 0 Dun ~ ulTJJ\ 55 oners, x-Q f C10 the GovernIng Board of the Collier
County Water-Sewer DIstrict, CollIer Count~l ~~~clrlA. and Ex-Officio the Governing Board of the
Marco Water-Sewer District, Call ier T ::;ET.
County, Florida
WHEREAS. the DEPARTMENT is
portion of the State Highway
n1n,;n_f,/;nl I Road No. r.R q?
which
facilities along, over and/or under
constructing, reconstructinG or otherwise changing a
System designated by the DEPARHIE:iH as Job No.
from Count"v Ro:!.d 92 (M<1.rco Island) ~
sholl call for the relocntion of the COUNTY'S
said highway,
AND WHEREAS, the plans for the said construction, reconstruction or other changes to
be made, as above described, have been reviewed by the DEP^RTHENT nnd the COUNTY, said
above described utility relocation hereinafter be designed as "RELOCATION WORK".
NOW, THEREFORE, in consideration of the mutual covenants hereinaft~r contained, it is
agreed by the parties as follows:
1. The COUN:-Y agrees to In: ke or cause to be made all arrangement.. for necessary
adjustment or changes of its facilities where located on public property at COUNTY'S own
expense and in accordance with the provisions of Rule 014-46.001 "Utility Accommodation
Guide," Florida Administrative Code, dated Hay 4, 1970; any supplements or revisions
thereof as of the date of this Agreement, which, by reference hereto, are made a part of
:his Agreement; 'and the plans, designs and specifications of the DEPARTMENT for the
::onstruction or reconstruction of said portions of the State lIighwar System, prior to the
advertiSing for bid on said project. The' COUNTY further a....cees to r..:o all of such '....ork
with its own forces or by a contractor paid under a contract let .....y Llle COUNTY ~ll under
the direction of the DEPARHIENT'S en&ine~r.
2. The COUNTY further agr~~s that said adjustments, changes or relocation of
facilitie6 will be made by the CO;JNTY with sufficient promptness so as to cause no delay
to. the DEPARTHENT or its contr<lctor in the prosecution of such construction or recon-
struction work: provided. howevel. that the COUNTY shall not be responsible for delay
be)'ond its control; and that such "Relocation Work" will be done under the direction of
the DEPARTMENT'S engineer; and the COUNTY further agrees that in the event the changes.
lOOK 000 W.e 104
MARCH 9. 1993
,.
:
fORM NO. 710-010-62
03/89
Page 2 of 3
adjustments or relocation of such facilities or utilities ore done simultaneously with the
.construction project, that it will be directly responsible for hnndling of any legal
claims that the contractor may initiate due to delays caused by the COUNTY'S ncetigence;
and that the COUNTY will not proceed with the "Relocation Wc.rk" with its o...n forces nor
advertise nor 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 maintained 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 Systemj and to comply with all provisions of the law, including Rule 014-46.001.
4.
struction
Work.".
The DEPARTMENT
plans tha tare
ngrees to furnish the COUNTY with all
required by the COUNTY to facilitate
necessnry highway con-
the COUNTY'S "Relocation
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-oE-way, and all published regulations
lawfully adopted by the DEPARTHENT as of the date of this Agreement.
6. It is mutually agreed that the COUNTY'S plans. maps or sketches showing any such
facilities or utilities to be adjusted, changed or relocated are made a part hereof by
reference.
7. The COUNTY covenants and agrees that it will indemnify and hold harmless to the
extent provided by Florida Statutes, 76B.2B, the DEPARTMENT and all of the DEPARTMENT'S
officers, agents and CI 'loyees from any claim, loss. damage, cost, charge or expense
arising out of any act, ~ction, neglect or omission by ~he COUNTY during the performance
of the contract, whether direct or indirect, and whether to any person or property to
which DEPARTMENT or said parties may be subject, except that neither COUNTY nor any of
its subcontractors will be liable under this section for damages arising out of injury or
damage to perSon or property directly caused or resulting from the sole negligence of the
DEPARTMENT or any of its officers, agents or employees.
8. The COUNTY will inform the DEPARTMENT'S appropriate Resident Eligineer in \o.'riting
when they start or resume work. on the project.
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MARCH 9. 1993
FORK NO. 710-010-62
03/S9
Page 3 of 3
IN
presents
official
. , " \ ~ ,. ;'"''
WITNESS WHEREOF, the parties hereto have.>":;~used t'Kese
to be executed by their duly authorized ofticers, and th~ir
seals hereto affixed, the day and year flrs7 above written.\
"
ATTEST:
DWIGHT E. BROCK,
..._0,: ~ ~l.l ;:,;"
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0.":, :
Clerk
.r. :
BOARD OF COUNTY COMMISSIONERS,
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER"
DISTRICT, COLLIER COUNTY, FLORIDA
AND EX-OFFICIO THE GOVERN;mq."......
BOARD OF THE MARCO WATER-SEWER
DI~~OU~T~~;~~RIDA
~;uJ. ~;~\' Burt L. Saunders, ;~airma~. _.
. ~~~~--======-======--~=---=---======-===--=--==---=--=-=---==~;
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Florida Department of Transportation
BY:
(SEAL)
."".\,'
TITLE:
ATTEST:
Executive Secretary
-----=--=======--------=====-===-=======================--=-========-
Legal Review Date:
BY:
ATTORNEY - FOOT
Approved
By:
Date:
Utilities Office
Approved as to form and legal SUfficiency
Uo-.A..o, ~ 0
Richard D.-~Vich
Assistant County Attorney
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