Resolution 1990-030 RESOLUTION NO. - 90-30
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JANUARY 23, 1990
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A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR
i THE ALITUS'n ENr, REIOCATION AND/OR INSTALLATION NFION OF A CAIN LIGHTING '
SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER IMBED, AND
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT
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ON MOTION OF Commissioner Gn n do i P1'r , seconded by li
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Commissioner Vn 1p r
the following Resolution was °,
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WHEREAS, the State of Florida De
partmexmt of Transportation has located
and proposes to construct or reconstruct a part of the Highway Lighting
System located on State Road 29 at Lake Trafford Road (C.R. 890), and ?1
WHEREAS, the State of Florida Department of Transportation having 1
requested the County of Collier, Florida, to execute and deliver to the 1
State of Florida Department of
Transportation a Joint Project Agreement for
Highway Lighting, providing for joint responsibilities of the Department and
the County, and said request having been duly considered. 1
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C I IISSIONERS OF r
COINER COUNTY, FLORIDA THAT the Chairman and Clerk of the Board of Canty
Cammmissioners be and are hereby authorized to make, execute, and deliver to
the State of Florida Department of Transportation •1
T'r'�spo a Highway Lighting
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Agreement for the adjustment, relocation, and/or installation of a certain
lighting system within the right-of-way limits of said State Road 29, 11
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Section 03080-6522;
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BE IT FURTHER RESOLVED that this Resolution be forwarded to the State
of Florida Department of Transportation in Tallahassee, Florida
INTRODUCED AND PASSED by the Board of County Commissioners of Collier
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County, Florida, in regular session on 23 day of January , 1990.
DRIED: January '23, 1990
ATTEST: BOARD OF COUNTY COMHIISSIONERS
rJAi�S C. GIIFS,
FLORIDA
;,.. � COLLIER �� ,
•!7. BY //:_ I �Y'
�, ►• A. HASSE, •.,
Approved as to form and legal sufficiency:
Atillevjeg / '
KENNETH B. • 3,:
Collier County A •rney
JANUARY 23, 1990
Yati�
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Form No. 710-010-74
05189
Page 1 of 3
STATE OF FLORIDA DEPARTMENT C? TRANSPORTATION
JOINT PROJECT AGREEMENT
HIGHWAY LIGHTING
(County)
WPI NO. SECTION NO. STATE ROAD COUNTY NAME PAR & JOB NO. FAP NO.
1114151 03080-6522 SR 29 Collier 1 .6522 F-391-1(14)
THIS AGREEMENT, made and entered into this c:Z, day of �A`a
19 , by and between the STATE OF FLORIDA DEPARTMENT 0� TRANSP TATION,
. here nafter called . the DEPARTMENT, and Collier •
ounty, a
political subdivision of the State of Florida, acting by and through its Board
of County Commissioners, hereinafter referred to as the COUNTY.
, WITNESSETH:
WHEREAS, the COUNTY by Resolution adopted on
requested the DEPARTMENT to has
purchase and install g way t system on
that •portion of State Road No. . - 29 • described as
SRR 2QQ At Lake Trafford Road (C.R. 890) in Cnllirr , County,
Florida.
`•: AND WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise
changing a portion of the lighting system designated by the DEPARTMENT as Job
No. 03080-6522 , Road No. SR 29 , from SR 29 at Lake Trafford Road.
(`C.R. ,890). zso , which shall call for the
•adjustment, relocation and/or installation of Highway Lighting facilities along highway, g
;��`<�• AND WHEREAS, the DEPARTMENT and the COUNTY have determined that it would be F '
;1-o. the best interest of the-general public and to the economic advantage of both
"parties to enter into a JOINT PROJECT providing for such work, -
NOW, THEREFORE, the premises considered, and in consideration of the sum of
Orie-Dollar each to the other in hand paid, the receipt whereof is hereby
acknowledged, and in further consideration of the mutual covenants hereinafter 3
contained, it is agreed by the parties as follows:
•1. The DEPARTMENT agrees to
g prepare plans and specifications for the wcrk F
involved, and advertise for bids for the equipment and materials. The decision
as to the type and make of equipment purchased will be the DEPARTMENT'S sole
responsibility. •
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2. All of the work on the lighting system is to be done according to the
plans and specifications of the DEPARTMENT which plans and specifications are,
by reference hereto, made a part hereof. The DEPARTMENT will be responsible-for
performing the completed installation.
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3. The DEPARTMENT will provide the necessary engineering supervision to
assure construction is in compliance with the plans and specifications
herinabove referred to, and will perform the final inspection of the completdd
project.
a, ' JANUARY 23, 1990
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' .'Form No. 710-010-74 C
05f89
`Page 2 of 3
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4. The COUNTY agrees that the equipment of the lighting system shall
remain the property of the DEPARTMENT, and it is hereby understood and agreed
that the COUNTY shall not, under any condition, remove the equipment which is
the subject matter of this Agreement for any reason without permission and
written consent of the DEPARTMENT.
5. The COUNTY further agrees upon completion of the installation, to
assume sole responsibility for the maintenance of said .lighting system in
accordance with the DEPARTMENT'S policies and "Standard Specifications for
Highway Lighting".
• 6: The COUNTY further agrees to be responsible for the
pa electrical power and/or other electrical charges incurred inmconnection with
the operation of the completed lighting system.
• 7. The COUNTY covenants and agrees that it will indemnify and hold
harmless to the extent provided by Florida Statutes 768.28, DEPARTMENT and all
of DEPARTMENT'S officers, agents, and employees from any claim, loss, damage,
cost, 'charge or expense arising out of any act, action, neglect or omission by
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 sub-contractors will be
liable under this section for damages arising out of injury or damage to persons
• or•property directly caused or resulting from the sole negligence ci DEPARTMENT
:or any of its officers, agents or employees.
'-."-S '• 8... All services and work under the construction contract shall be
. performed to the satisfaction of the DEPARTMENT'S Director of Construction and
he. shall decide all questions, difficulties and disputes of whatever nature,
: which may arise under or by reason of such contract .for highway lighting; the
prosecution and fulfillment of the services thereunder, and the character,
• 'quality,. .amount, and value thereof; and his decision upon all claims, questions,
and disputes thereunder shall be final and conclusive upon the
. __ . P parties hereto.
9. The COUNTY will inform the DEPARTMENT'S a
in writing when they start or resume work on the appropriate Resident Engineer
project.
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JANUARY 23, 1990
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ti ''.ror 'NO. 710-010-74 •
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IN WITNESS WHEREOF, the parties hereto have caused :these
presents
�� executed by their duly authorized officers, and their official seals heret
affixed, the day and year first above written.
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COUNTY: Col er County B•a d of Commis ers
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_ (SEAL)
BY: %/��_ ,� �.%,t,_ APPROVED AS TO FORMA ••
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A. :•a se N Jr. AND LEGAL
S TITL$.- Chei se J SUFFICIENCY
...lizievy .
'''.''ff..: •e. .•.,,,:f' ': ,..,,. K,ENNETH B. Cu L
;:,Y4'7E:'.�!� .'` ' ,•� ,;./. COLL IEtr"COUNTY ATTO EY. ..
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s ssssssss■o � • Q .. ... ., M ,..„,,,, 'a irDA •AiArail$NT OFTRANSPORTATI ', •.. : ,,•
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:!..BY:6 . ' 201Figar :
(SEAL•}5' .•''''i;•,�,; o'•,, ;`':•
E: District . �ary Ti ?I' ',,,,, .
ATTEST: c:; ; c, • *t'•c•. ,
EXECUTIVE SE TARY ,r1 .: • ,•
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-==a=a'c ..LEGAL REVIEW: DAT• : /_i ii* •,..
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` UTILITIES OFFICE
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