Resolution 2016-242 RESOLUTION No. 2016-242
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 PINECREST ELEMENTARY.
WHEREAS,FDOT has undertaken a project and obtained federal participation on the Safe Route
to School sidewalk construction for Pinecrest Elementary School on the east side of S. 7th Street, 4th
Street, 3rd Street, and 2nd Street from Delaware Avenue West to Colorado Avenue (Financial Project #
430922-1-52-01; and
WHEREAS, FDOT and the Board of County Commissioners (County) wish to enter into a 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
is in the public interest.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD THAT:
1. The BOARD approves, and authorizes its Chair to sign the attached Post Project Maintenance
Agreement for Financial Project#430922-1-52-01.
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.
THIS RESOLUTION IS ADOPTED this lit' day of November, 2016, after motion, second and
majority vote in favor of adoption.
ATTEST:_```` • BOARD OF COUNTY COMMISSIONERS
r
D •- ly ,' ., a ,o: i Donna Fiala
twit E.Br.: T -. Chai i on
1 As
Attest as to .irtnan's
signature only. ,, '
Signa re of Chairperson
: : oved asin f d legality:
'con R. Teach,Deputy County Attorney
Exhibit A e
Page 1of1
FPID#430922-1-52-01
POST-PROJECT MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 1 of 3
TRANSPORTATION OFF SYSTEM 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 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# 430922-1-
52-01, FAP # 8886 593A, 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.'Z`4,2-42 dated , a
copy of which is attached hereto and made a part hereof, has consented to and approved the
Agreement and has authorized its Chairperson 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 sidewalk construction at the following locations:
• Construct 5 foot wide concrete sidewalks along east side of S. 7th Street, 4th
Street, 3rd Street, and 2nd Street from Delaware Avenue W to Colorado Avenue.
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 (2012), as amended and
as to any future amendments and/or updates to said Manual.
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.
9
FPID#430922-1-52-01
POST-PROJECT MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 2 of 3
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
4. 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 Chairperson 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:
Nxebe1 D , 2�c CD
Department to enter date.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
FPID#430922-1-52-01
POST-PROJECT MAINTENANCE AGREEMENT: COLLIER COUNTY
„cv, t Page 3 of 3
X14
,: COLLIER COUNTX
ATTEST I ltth'
BY: I BY: �
Attest a 0'C •�• 'S CHAIR-DERSON, OR DESIGNEE
PRINT NAME AND TIRE PRINT NAME AND TITLE
TITLE DATE DATE
COLL C• N GAL REVIEW:
BYlit ,' — /O'I/N
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATT E
BY:! /f�J BY:
Leff ��� ��f�7.
DISTRICT ONE SECRETARY
C'Ae
PRINT NAM PRINT NAME
Director of Transportation Development ///3#
/ICiaf'l?!I'1 'r 'f�
TITLE DATE TITLE DA
FLA. DEPT. OF TRANS. GAL REVIEW:
BYe"- c-
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