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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. . . . ',,, ',:". 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 ....~ . '. ~ ()(!. ~fcl~.',,, i ,.. i : :i .~ \', J' Approved as to form and legal sufficiency: t~:;~~. ?dViCh Assistant County Attorney lOOK 000 Pl',! 1U3 . ,. ""'" &c..~ 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. lOOK 000 Pl<.llU5 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 ;:,;" ...": 9-J-> " '. 'I " ...: ' . ...~. .,' " '; 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~. _. . ~~~~--======-======--~=---=---======-===--=--==---=--=-=---==~; . :.:,..~ " .:;.. 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 lOOK 000 p,dUG '." . ""::,-'