Resolution 2008-346
RESOLUTION NO. 2008-346
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S
APPROVAL OF A TRANSPORTATION POST PROJECT MAINTENANCE
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER COUNTY RELATED TO THE CR 901
AT VANDERBILT BRIDGE # 030176 COCOHATCHEE RIVER BRIDGE
REPLACEMENT PROJECT AND AUTHORIZING THE CHAIRMAN TO
SIGN THAT AGREEMENT AT THE DECEMBER 2, 2008 MEETING.
WHEREAS, at the December 2, 2008, meeting of the Board of County Commissioners the
Board approved a Post Project Maintenance Agreement (the "Maintenance Agreement") with the
Florida Department of Transportation establishing the responsibilities of the parties pertaining to
post-project maintenance after the repair/replacement of the CR 901 at Vanderbilt Drive Bridge
# 030176 over the Cocohatchee River Bridge and authorized the Board of County
Commissioners, through its Chairman, to enter into the Maintenance Agreement with the Florida
Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board to provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the Maintenance Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On December 2, 2008, the Board of County Commissioners approved by majority vote
the Maintenance Agreement and authorized its chairman to execute that Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FOOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 2nd day of
December 2008.
ATTEST:
DWIGHT E..,~~Q<::K, Clerk
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A~~7ij::egal sufficiency:
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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TOM HENNIN , HAIRMAN
FPID # 408440 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 referred to as the "DEPARTMENT," and COLLIER
COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-project
transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to 9339.08(2)(b), Florida Statutes (1995) and the Intermodal
Surface Transportation Efficiency Act of 1991, the DEPARTMENT is authorized to
undertake a project within the LOCAL GOVERNMENT geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
40844015201, FAP # 00B1 014 B, 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 GOVERNMENT to maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. 2008-346 ,dated
Dee. 2, 2008 ,a copy of which is attached hereto and made a part hereof, has consented
to and approved the Agreement and has authorized its Chairman of the Board of County
Commissioners 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 CR 901 at Vanderbilt Drive Bridge # 030176 over Cocohatchee river
bridge replacement.
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; (b) FOOT Procedures 850-065-001 and 850-065-002,
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. To the extent allowed by law the LOCAL AGENCY hereby agrees to indemnify, defend,
save and hold harmless the DEPARTMENT and its officers, agents and employees
from all claims, demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the LOCAL
AGENCY, its officers, agents or employees. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT for its
negligence.
5. This Agreement shall be governed, interpreted and construed according to the laws of
the State of Florida.
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this AGREEMENT to
be executed in its behalf through its Chairman or designee, and the DEPARTMENT has
caused this AGREEMENT to be executed in its behalf through its District Secretary for
District One, FLORIDA DEPARTMENT OF TRANSPORTATION as indicated below. This
AGREEMENT shall become effective on:
{)/IO/09
',I" ,,". COLLIER COUNTY
ATTEST.riwightE':'~BrOCk, Clerk
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PRINT NAME ,<t,' ',"
BY:
C AIRMAN OR DESIG
BOARD OF COUNTY C
Tom Henning
PRINT NAME
December 2, 2008
TITLE
COLLIER COUNTY LEGAL REVIEW:
DATE
DATE
DATE
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BY:
STATE OF FLORIDA DEPARTMENT OF TRANSP/rTATION
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TITLE DATE TITLE DATE
ATTEST
T MANAGER A::~
FLA, DEPT, OF TRANS, LEGAL REVIEW:
BY: /~'{":r ,'t{""7
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