Resolution 1998-242
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STA TE OF FLORIDA DEPARThlENT OF TRANSPORTA TION
DIVISION OF PRE.CONSTRUCTION AND DESIGN
COUNTY RESOLlITION
HIGHW A Y LIGHTING AGREEMENT
SR
45
COUNTY NAME
COLLIER
PARCEL & RlW JOB NO.
r & N/A
UTILITY JOB NO.
J568
A RESOLUTION AUTI-lORlZING EXECUTION OF A IIIGHWA Y LIGIITINC;
AGREEMENT FOR THE ADJUSTMENT. RELOCATION Al";D/OR INSTALLATlfJN OF
LIGHTING SYSTEM W1TI-llN THE RIGHT.OF- WAY LIMITS HERHFTER DESCRIBE!).
AND PROVlDlNG WHEN TillS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. -.-.2.!!.-242_
ON MOTION OF Commissioner Hancock , seconded by Commissioner
Cons tan tine , the following Resolution WilS ildopred:
WHEREAS, the Slate of Florida Department of Transport::1tion l1a.slocatco anl.l prorO$CS W
construct or reconstruct a r~rt of the Highway Lightillg System located on State Road 45.
A>4D \\1-~EREAS. the Stilte of Florida Department of Transportation ha....ing requested the Count)'
of COLLIER. Florida 10 execute and deliver to the Srate of f1oril.la Department of Transportation a Joint
Project Agreement for Highway Lighting. providing for joinr responsibilities of the Department and the
County. and said request having been duly considered.
NOW THEREFORE. BE IT RESOL VED by the Board of County Commissioncrs of thc County
of Collier. Florida. that the Chalnnan and Clerk or tile Board ofCounry (<lmmissioncrs be and are hercb}
authorized to make. execute and deliver to [he Stare of Florida Department of Tr:msportatlon a Highway
Lighting Agreement for the adjustment. relocation andlor installarion of J certain lighling system within
the Right-{)f- Way limits of said State Road .~5. Section 03010;
BE IT FURTHER RESOLVED that rhis Resolution be fOf\.varded to the Stare of Florida
Department of Transportation at Tallahassee. Florida.
INTRODUCED AND PASSED by the Board ofCounry Commissioners ofCollicr CounlY,
Florida in regular session. [his;J.~ day of >~ . 199~.
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BAR B. BERRY '1~j/'?F
CHAIRMAN OF TIlE BOARD OF COUNTY COMMISSIONERS
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/ ATTES'T: 'xJ.,: r.;;,~~":J e
~, CLERK OF THE BOARD Of
.', ..COUNTY COMMISS10i"EHS
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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COUNTY ATTaR)';!:\, 6 (J--
Attest as to Chairman's
sIgnature on1.)'.
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"An OP rtAU DA ØlDA..aT1mIIT or n..uraP01tT",rt œr
DfYlSJON OF P1U:CONSTltUCT1ON .. DESIGN
JOINT PROJECT AGREEMENT
mGnWA Y LlGlmNG
(Countv)
COUNTY SECTION
03 OlD
Ul1LITY JOB NO.
3568
SR
45
COUNTY
COLLIER
PARCEL & RJW 1OB#
N/A
TIllS AGREEMENT. made and entered into this _ day of . 199-, by and between the STATE OF
FLORlDA DEPARTMENT OF TRANSPORTATION. hereinafter referred to as the DEPARTMENT. and Collier
County. a politicaJ subdivision of the State of Florida. acting by and through its Board of County Commissioners.
hereinafter called the COUNTY.
WITNESSETI-f:
WHEREAS. the COUN1ì' by Resolution adopted on '7/,)7/1/ , has requested the DEPARTMENT to
purchase and install a Highway Lighting System on that portion of State Road No. 45 described as Gulf Park Drive to
CR846.
AND WHEREAS. the DEPARTMENT is constructing. reconstructing or otherwise changing a portion of the
lighting system designated by the DEPARTMENT as Job No. 03010-3568, Road No. 45 from Gulf Park Drive to
CR846. which shall call for the adjustment. relocation and/or installation of Highway Lighting facilities along said
ltighway,
AND WHEREAS. the DEPARTMENiand theCOUN1ì' have deterrrlined that it would be to the best interest
of the general public and to the econorrric advantage of both parties to enter into a JOINT PROJECT providing for such
work.
NOW. TIŒREFORE.the premises considered. and in consideration of the sum of One Dollar each to the other
in hand paid. the receipt whereof is hereby acknowledged. and in further consideration of the mutual covenants
hereinafter contained. it is agreed by the parties as follows;
1. The DEPARTMENT agrees to prepare plans and specifications for the work involved, and advertise for
bids for the equipment and materials. The decision as to the type and make of equipment purchased will oe the
DEPARTMEJ"lTS sole responsibiJjty.
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 referred hereto. made a part hereof. The DEPARTMENT will
be responsible for pcrforrrling the completed installation.
3. The DEPARTMENTwiJI provide necessary engineering supervision to assure construction is in compliance
with the plans and specifications hereinabove referred to. and will perform the final inspection of the completed project.
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 COUN1ì' shall not. under any condition. remove the
equipment whieh is the subject matter of this Agreement for any reason without perrrlission and written consent of the
DEPARTMENT.
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5. The COUNTY further agrees upon completion of the installation. to assume sole responsibility for the
mainlc:nance of said lighting syst~m in accordance with the DEPARTMENTS policies and 'Standard Specifications
for Highway Ughting."
6. The COUNTY further agrees to be responsible for the payment of all cost for electrical p<:Jwer and/or other
elcctricaJ charges incurred in connection with the operation of the completed lighting system
7. The COUNTY hereby agrees to indemnify. defend. save, and hold harmless the DEPARTMENT from aJl
claims. demands. liabilities. and suits of any nature whatsoever arising out of. because of. or due to the breach of this
Agreement by the COUNTY, its agents or employees. or due to any act or occurrence of omission or comrrùssion of
the COUNTY. its agents orernployc:es. It is specifically understood and agreed that this indemnification agreement does
not cover or indemnify the DEPARTMENT for its own negligence or breach of contract.
8. All services and work under the construction contract shall be performed to the satisfaction of the
DEPARTMENTS Director of Construction. and he shaJl dccide aJI questions. difficulties and disputes of whatc:ver
nature. wltich may arise under or by reason of such contract for ltighway lighting; the prosecution and fulfillment of
services thereunder. and the character. quality. amount, and value thereof; and his decision upon all claims. questions.
and <lisputes thereunder shall be final and conclusive upon the parties hereto.
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed by their duly
authorized officers. and their officiaJ seals hereto affixed. the day and year first above v..TÌtten.
STATE OF FLORIDA
DEPARTMEi\ff OF TRANSPORT A TION
BY:
(SEAL)
Director of Production
ATTEST:
~ecutive Secretary
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Attest as to Chairman's
s1Qnatur~ onl,y.
A Þprowd as '0 Fonn. ~JÚlY on E>«uuon
STATE OF FlDRIDA DEPARTMENT OF TRANSPORTATION
BY:
Auuw>I /V.1O<æy
Appcoved as to focm and legal sufficiency:
Colliec County, rlocida
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DAVID C. WEIGEL I
County Attocney