Resolution 2014-028 RESOLUTION NO. 2014 - 28
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 THE TURN
LANE AND INTERSECTION IMPROVEMENTS AT CR31
( AIRPORT- PULLING RD . ) AND NORTH HORSESHOE DR .
WHEREAS, FDOT has undertaken a project and obtained federal participation
of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North
Horseshoe Dr., (Financial Project# 429908 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 roadway after they are constructed by FDOT; and
WHEREAS, the County finds that the construction and future maintenance of
the of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and
North Horseshoe Dr. 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 Chairman to
sign, the attached Post Project Maintenance Agreement for Financial Project
# 429908 1 52 01.
2. The Collier County Clerk shall 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.
0
This resolution adopted after motion, second, and majority vote favoring same this
1�-h day of February 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUN FLORIDA.
By: S' ' ! ' O(� By: 9 fi∎_
►
Att • . 'g Commissioner T Henning,
u � -� . � . 'y
sig g nattre o Chairman
'(;i f ACS%'
Approved as to form nd legality:
By:
Scott R. Teach,
Deputy County Attorney
2
FPID #429908-1-52-01
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
1. 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# 429908-1-
52-01, FAP#8886 243a, 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. 2ok'\ - Z$, dated 2. \ kL\, , 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
in replacement of existing signalization and constructing northbound dual left turn lanes on N.
Horseshoe Drive @ CR 31.
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.
FPID#429908 1 52 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 DEPARTMENT
OF TRANSPORTATION 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:
Department to enter date.
COLLIER COUNTY, FLORI /
ATTEST
BY: BY
CHAIRMAN OR DESIGNEE,
TOM HENNING
PRINT NAME PRINT NAME
TITLE DATE DATE
COLLIER COUNTY LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY: BY:
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME PRINT NAME
TITLE DATE TITLE DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
t 1 f/ ..
ATTEPt. A roved a fo and legality
DWIGHT E 6RW, ELERK p
BY: �-• .�. Scott . Teach, Deputy County ttorney
Attest as t.
einnA�ltfie OW. .