Resolution 2004-100
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RESOLUTION NO. 2004- 100
A RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A illGHW A Y
LANDSCAPING INST ALLA nON AND MAINTENANCE AGREEMENT WITH THE F~ORIDA
DEPARTMENT OF TRANSPORTATION (FOOT), FOR LANDSCAPE DEVELOPMENT
IMPROVEMENTS WITIllN TIIE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF US 41E
FROM RATTLESNAKE HAMMOCK ROAD TO ST. ANDREWS BOULEVARD.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County with
respect to approximately I-centerline mile along US 41 East (from Rattlesnake Hammock Road to St.
Andrews Blvd.), in which following FOOT written approval of a Landscape Development Plan, Collier
County would install and then maintain landscape development improvements, and be reimbursed by
FOOT in the amount of$263,469.00 for the initial improvements; and
WHEREAS, the Collier County Board of County Commissioners fmds 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 TIIE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna
Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FDOT along with the executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same, this _ day of
,2004.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: rl ~
DONN A,~irnmt(,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
IDGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
(WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF THIS AGREEME~T)
TIDS AGREEMENT, made and entered into this _ day of ,20 -' by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON, hereinafter
referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as the
AGENCY.
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of
the State Highway System; and
WHEREAS, the AGENCY seeks to design, install and maintain certain landscape
development improvements within the unpaved areas within the right-of-way of US 41 E/SR 45
from Rattlesnake Hammock to Andrews Boulevard; FM# 19542525801 programmed in fiscal year
2003/2004 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 Resolution dated , a copy of which
is attached hereto and made a part hereof, has authorized its Chainnan of the Board of County
Commissioners 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 subsequent to the execution
ofthis Agreement it will:
(a) Ascertain the location of all existing utilities, both aerial and underground. A
letter of notification and plan of the landscape development improvements
will be mailed no later than to the following
utilities/munici paIi ties:
(b) Comply 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 witheSection 479.11, Florida Statutes.
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2. The AGENCY hereby agrees to install the landscape development improvements in
accordance with a Landscape Development Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. Such installation shall be in conformance with Rule 14-40,
Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure
(Topic 650-050-00 I-c), as they may be amended from time to time. No work shall be authorized
to begin prior to the written approval of the Landscape Development Plan by the
DEPARTMENT.
3. The AGENCY agrees to maintain the landscape development improvements in
accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. No work shall be authorized to begin prior to the written
approval of the Technical Maintenance Plan by the DEPARTMENT.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this proj ect 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. The DEPARTMENT agrees to a maximum participation in the Project, including
contingencies, in the amount of TWO HUNDRED SIXTY THREE THOUSAND FOUR
ffiJNDRED SIXTY-NINE DOLLARS ($263,469.00).
6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold hannless, 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 will 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.
7. 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.
8. 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. ' All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
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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 persOIUlel 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.
9. The term of this Agreement commences upon execution by both parties. The
Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted
for approval by the DEPAR1MENT on or before . Utility
clearances shall be obtained on or before . Construction shall be
completed on or before
10. 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.
11. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the written consent of the DEPARTMENT,
12. 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.
H:JDEMO/SHAREDILANDSCAPIMOAl.DOC
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year fIrst above written.
COLLIER COUNTY, FLORIDA
BY:Ch /~.,d._ ~
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Attest........,.......,
s1iftlture '011
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST: (SEAL)
Executive Secretary
egel sufficH;I"\CY
Legal Review:
ttorney
District Legal Counsel
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