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Resolution 2015-003 RESOLUTION NO. 2015 - 0 3 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 INTERSECTION IMPROVEMENTS ON PINE RIDGE ROAD AT US 41 (FDOT Financial Project#435393-1-32/52/62-01). WHEREAS,FDOT has undertaken a project and obtained federal participation of the turn lane and intersection improvements at Pine Ridge Road at US 41, Financial Project# 435393-1-32/52/62-01 (hereafter,the "Project"); and WHEREAS, FDOT and the Board of County Commissioners (hereafter, the "County") wish to enter into a Transportation Post Project Maintenance Agreement that would require the County to maintain the Project improvements after FDOT completes constriction;and WHEREAS, the County finds that the construction and future maintenance of the turn lane and intersection improvements on Pine Ridge Road at US 41 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#435393-1-32-52-62- 01. 2. The Collier County Clerk shall forward a certified copy of this Resolution to FOOT along with the attached Post Project Maintenance Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. bJ This resolution adopted after motion. second. and majority vote favoring same this 13th Day of January 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, Clerk COLLIER COUNTY, FLORIDA r B ! A Y '►'� Q By: t-ce t".e , Clerk `FOid1-IENN-FN67Ef-F4iRM-AN- Attest as to a11.', TIM NANCE, CHAIRMAN signature only.. A ved as to d legality: ti 1.&44k._ Scott R. Teach, Deputy County Attorney b� FPID#435393-1-32/52/62-01 POST-PROJECT MAINTENANCE AGREEMENT: COLLIER Page 1 of 2 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 Small County Outreach Program post project described below. WITNESSETH 1. WHEREAS, said project is identified and known to the parties as Financial Project #435393-1- 32152/62-01, which will benefit the LOCAL AGENCY; and 2. WHEREAS, in accordance with 339.2818 Florida Statutes regulations issued pursuant thereto, there must be an agreement from the LOCAL AGENCY to maintain the project; and 3. WHEREAS, the LOCAL AGENCY by Resolution No. 2 -© 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 state participation to provide: Intersection improvements on Pine Ridge Road at US 41. Project consist of the removal and replacement of the existing traffic separator and median, drainage improvements, landscape improvements, modification to signing and pavement markings, and roadway improvements. 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 (2011), 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#435393-1-32152162-01 POST-PROJECT MAINTENANCE AGREEMENT: COLLIER 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;FLRIDA ATTEST � /� BY: „„iiit.. . 46 kr._ . BY: CHAIRMA OR DESIGNEE Mhest as to Chia.;i an teat '` TIM NANCE PRINT NAME PRINT NAME .j1_411, u' lrl.Ul 1 • (S 1/13/15 TI E , V r DA E DATE COLLIER COUNTY LEGAL REVIEW: BY: 6-4 �� 1 DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME PRINT NAME TITLE DATE TITLE DATE di 1 119 FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: dC