Resolution 2009-039
RESOLUTION NO. 2009 - 39
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL
OF A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
MAINTENANCE OF A PEDESTRIAN BRIDGE AND GUARDRAIL "SAFE TO
SCHOOL" PROJECT ON 20TH PLACE SW BETWEEN 50TH STREET AND 50TH
TERRACE SE.
WHEREAS, at the February 24, 2009, meeting of the Collier County Board of
Commissioners the Board approved entering into a Transportation Post Project Maintenance
Agreement with the Florida Department of Transportation ("FDOT") for the maintenance of a
pedestrian bridge and guardrail "Safe to School" project on 20th Place SW between 50th Street
and 50th Terrace SE (the "Agreement") whereby FDOT has undertaken the project to construct a
pedestrian bridge and guardrail with federal participation and Collier County agrees to asswne
post project maintenance following the completion of the project; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote approving the Agreement and
authorizing its Chairman to execute the Agreement; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to enter into the Agreement and asswne post project maintenance following the
completion of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign,
the aforementioned Agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Agreement for execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 24th day of February, 2009.
BOARD OF COUNTY COMMISSIONERS
OF COLLIE OUNTY, FLOfD~
~ d4-~.
By:
DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
~!f 12 j~t
Scott R. Teach,
Deputy County Attorney
FPID # 423524 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 ~339.08(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 #
423524 1 52 01, FAP # SRTS 052 A, which will benefrt 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. , 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 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 pedestrian bridge & guardrail Safe Routes to School project on 20th
Place SW between 50th Street SWand 50th Terrace Sw.
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.
FPID # 423524 1 52 01
COlliER COUNTY
Page 2 of 3
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 # 423524 1 52 01
COLLIER COUNTY
Page 3 of 3
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this
AGREEMENT to be executed in its behalf through its Mayor 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:
February 24, 2009
..\\\~). !!,1'id
...", " .(i" COLLIER COUNTY ~
ATTEST,;', '. "..'~ / I
B;.~2~,{:~h~ BY: ~J H..J, ~A'-
.~it; ..t.I~" ' t ~~~~~~~'COUNTY OF COUNTY
.t..riIi'~i~h~",\t\ COMMISSIONER OR DESIGNEE
.fIt Dwight Bradt,>
PRINT NAME
Donna Fiala
PRINT NAME
Clerk of Courts
TITLE
COLLIER COUNTY LEGAL REVIEW:
DATE
February 24, 2009
DATE
BY: ~H- /? J~
""L) ~Jl' 1
( r
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
PROJECT MANAGER APPROVED:
DATE
TiTlE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE
BY: