Resolution 2013-169RESOLUTION NO. 2013 - 16 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING A POST PROJECT MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE MAINTENANCE OF SIDEWALKS CONSTRUCTED AS PART OF THE
"SAFE ROUTE TO SCHOOL" PROGRAM AT SHADOWLAWN ELEMENTARY.
WHEREAS, FDOT has undertaken a project and obtained federal participation
on the Safe Route to School sidewalk construction on Shadowlawn Elementary School
on Andrew Drive from U.S. 41 to School Drive and Francis Avenue from Shadowlawn
Drive to Pineland Street (Financial Project # 428254 1 52 01); and
WHEREAS, FDOT and the Board of County Commissioners (County) wish to
enter into a Transportation Post Project Maintenance Agreement that would require the
County to maintain the sidewalks after they are constructed by FDOT; and
WHEREAS, the County finds that the construction and future maintenance of the
sidewalks built as part of the "Safe Route to School" project is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairwoman
to sign, the attached Post Project Maintenance Agreement for Financial Project
# 428254 152 01.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the attached Post Project Maintenance Agreement for execution by
FDOT.
3. This Resolution shall take effect immediately upon adoption.
321
This resolution adopted after motion, second, and majority vote favoring same this
cAk day of September, 2013.
ATTF
D1NHdW :I` BRO", .Clerk
1
By.
,Deputy CI
Attest as t6•Gl�v O s
signature only,.
Approved as to form and legality:
By: S � jai
Scott R. Teach
Deputy County Attorney
BOARD OF C UNTY COMMISSIONERS,
COLPFR QQkNTY, FLORIDA.
A. Hiller, Esq., Chairwoman
Q)
FPID # 428254 152 01
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, the "DEPARTMENT') and COLLIER COUNTY (hereinafter,
"LOCAL AGENCY ") for the maintenance of post - project transportation enhancements
described below.
WITNESSETH
WHEREAS, pursuant to Fla. Stat. §339.08, and the Intermodal Surface Transportation
Efficiency Act of 1991, the DEPARTMENT is authorized to undertake a project within the
LOCAL AGENCY geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project # 428254 1
52 01, FAP # , which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the
LOCAL AGENCY to maintain the project; and
4. WHEREAS, the LOCAL AGENCY by Resolution No. , dated , a
copy of which is attached hereto and made a part hereof, has consented to and approved the
Agreement and has authorized its Chairman or designee to execute said Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal participation
on the Safe Route to School sidewalk construction on Shadowlawn Elementary on Andrew
Drive from US 41 to School Drive and Francis Avenue from Shadowlawn Drive to Pineland
Street.
2. It is understood and agreed by the parties that upon completion of the project, the LOCAL
AGENCY shall be responsible, at its costs, for maintenance of said project in accordance with
the following federally accepted state standards: (a) Manual of Uniform Minimum Standards
for Design, Construction and Maintenance for Streets and Highways (2005), as amended.
3. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understanding concerning
the subject matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written.
4. This Agreement shall be governed, interpreted and construed according to the laws of the
State of Florida.
NO
FPID #428254 152 01
POST- PROJECT MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 2 of 2
IN WITNESS WHEREOF,COLLIER COUNTY has caused this Agreement to be
executed in its behalf through its Chairman or designee, and THE FLORIDA
DEPARTMENTOF TANSPORTATION has caused this Agreement to be executed in its behalf
through its District Secretary for District One, as indicated below. This Agreement shall
become effective on:
,` 1
M
Department to enter date.
......... COLLIER COUNTY,
Attest as t6 Ehairrtlan's {.
sig ature o J
PRINT NAME `.
U sa�r.. ZOiJ
TITRE I DATE
COLLIE OUNTY G L REVIEW:
BY: .�,« _2 a9 h3
,3;;7ML/ �tL, _- _DATE
ATTEST
M
PRINT NAME
DESIGNEE
GEORGIA A. HILLER, ESQ.
PRINT NAME
September 10, 2013
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TITLE DATE
PROJECT MANAGER APPROVED:
BY:
BY:
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME
TITLE DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
0