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Resolution 2015-077 RESOLUTION NO. 2015-7 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE MAINTENACE OF THE IMPROVEMENTS ADJACENT TO PORTIONS OF US 41 (SR 45) AND TRAIL BOULEVARD. WHEREAS, FDOT has undertaken a project and obtained federal participation for improvements adjacent to portions of US 41 (SR 45) and Trail Boulevard (Financial Project#430873-1-32/52/62-01): and WHEREAS, FDOT and the Board o f County Commissioners (County) wish to enter into a Transportation Post Project Maintenance Agreement that would require the County to maintain the sidewalk, signing and striping for crosswalks and three transit shelter pads with associated deployment pads located within the project limits from Sandpine Drive at the southern limit to the intersection of US 41 and Vanderbilt Beach Road at the northern limit after they are constructed by FDOT: and WHEREAS, the County finds that the construction and future maintenance of the improvements adjacent to portions of US 41 (SR 45) and Trail Boulevard 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 Transportation Post Project Maintenance Agreement for Financial Project #430873-1-32/52/62-01. 2. The Collier County Clerk shall forward a certified copy of this Resolution to FDOT along with the attached Transportation Post Project Maintenance Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. This Resolution adopted after motion, second and majority vote this " day of , 2015. [15-TRM-001 70/116 8 1 7 3/1] 10 1 of 2 At DIY�P.r ��� BOARD OF COUNTY COMMISSIONERS DWI I 'VE $l:,.,Od ., I,,ERK COLLIER COUNTY, FLORIDA I ;sic— ) ,l Attest as to Cha , /3= T NANCE, Chairman signature only. Approv as to form aid legality: 4,-7,(s Scott A. Stone Assistant County Attorney Attachments: I) Transportation Post Project Maintenance Agreement [15-TRM-00170/116,8173/1] 10 2 of 2 CAC FPID #430873-1-32/52/62-01 POST-PROJECT MAINTENANCE AGREEMENT: Collier County 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 post-project transportation enhancements described below. WITNESSETH 1. WHEREAS, pursuant to Fla. Stat. §339.08, and the Moving Ahead for Progress in the 21st Century (MAP-21), 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 #430873-1- 32/52/62-01, 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. 2.o , dated A\7,9) \\ , 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: Sidewalk and signing and striping for crosswalks associated with the proposed sidewalk adjacent to portions of US 41 (SR 45) and Trail Boulevard. The project extends from Sandpine Drive at the southern limit to the intersection of US 41 and Vanderbilt Beach Road at the northern limit. Three transit shelter pads with associated deployment pads will also be installed adjacent to US 41. The DEPARTMENT will be responsible for maintaining that portion of the sidewalk within FDOT Right of Way. 2. It is understood and agreed by the parties that upon completion of the project, the LOCAL AGENCY shall be responsible (as illustrated in Exhibit A, attached and incorporated by reference)for the maintenance including cost of maintenance of the following: a) That portion of said project which falls within Collier County Right of Way; b) A portion of the proposed sidewalk on the east side of US 41 (SR 45) starting at Station 224+90.77 and extending north to Station 228+69.54 which falls on both DEPARTMENT and LOCAL AGENCY; c) Three transit shelter pads as well as any associated structures and fixtures. FPID#430873-1-32/52/62-01 POST-PROJECT MAINTENANCE AGREEMENT: Collier County Page 2 of 3 3. ALL maintenance is to be done 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, and as to any future amendments and/or updates to said Manual. 4. 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. 5. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 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, FLORIDA ATTEST ``a A ei' `�BY: �, Attest as to Chairman's ` ; E. 3►-44,- CHAIRMAN OR DESIGNEE signature only.hq _ 'v 1av cv e a. "&c. l \m ,Vohs PRINTNAME PRINT NAME C — Sit 2,1)5 A Nr-•\ z� TITLE TE i DATE COLLIER COUNTY LEGAL REVIEW: Approved to form an legality Scott A.St e, Assistant County Attorney FPID#430873-1-32/52/62-01 POST-PROJECT MAINTENANCE AGREEMENT: Collier County Page 3 of 3 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: