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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