Resolution 2009-159
RESOLUTION NO. 09- 1 59
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING AND
AUTHORIZING ITS CHAIRMAN TO EXECUTE AN AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE OF POST-PROJECT
TRANSPORTATION ENHANCEMENTS.
WHEREAS, at the June 23, 2009, meeting of the Board of Collier County
Commissioners, the Board approved a Transportation Post Project Maintenance Agreement
("Agreement") with the Florida Department of Transportation ("FDOT") for Financial Project
Number 195410-1-52-01, which pertains to Collier County's future maintenance of the North
Fishing Pier to be built conjunction with the Marco Island Bridge Replacement, and authorized
its Chairman to execute the Agreement on behalf of the Board; and
WHEREAS, FDOT requires the Board of County Commissioners to provide a resolution
memorializing and confirming the Board's aforementioned vote approving and authorizing its
Chairman to execute the Transportation Post Project Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. The Board of County Commissioners hereby approves, and authorizes its
Chairman to execute the attached the Transportation Post Project Maintenance Agreement
between FDOT and Collier County.
2. A certified copy of this Resolution is to be forwarded to FDOT along with the
executed copy of the Transportation Post Project Maintenance Agreement.
Page I of2
3. The County Manager or his designee is hereby authorized to submit reports and
other contractually required documents, providing that such reports and documents are
ministerial in nature.
This Resolution adopted after motion, second and majority vote, this 23rd day of June,
2009.
ATTEST:
DWIGHT E. ~~~'i.;~LERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~
DONN FIALA, CHAIRMAN
By:
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Approved as to "forlrl." ~" .
and legal sufficiency:
C~m~
Colleen M. Greene
Assistant County Attorney
Page 2 of2
FPID # 195410-1-52-01
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 the American Recovery and Reinvestment Act of 2009, 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 #
195410-1-52-01, FAP # , 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
WHEREAS, the LOCAL AGENCY by Resolution No. ,dated6.Z;S'o1, a copy of which
is attached hereto and made a part hereof, has consented to and approved the Agreement
and has authorized its Chairperson 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 SR 951 at Bridge No. 030148 Marco Island Bridge replacement.
2. It is understood and agreed by the parties that upon completion of the project, the
DEPARTMENT shall be responsible for maintenance of the SR 951 @ BRIDGE NO.
030148 MARCO ISLAND BRIDGE and the LOCAL AGENCY shall be responsible, at
its costs, for maintenance of NORTH FISHING PIER 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 # 195410-1-52-01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 1 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. 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.
Rest of this page intentionally left blank.
FPID" 195410-1-52-01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 2 of3
IN WITNESS WHEREOF. COLLIER COUNTY has caused this AGREEMENT to be
executed in its behalfthrough its Board of County Commissioners through its Chairperson
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:
Department to enter date.
- C~LLlER ::UNTY~~ jM~
CHAIRPE SON.
S' J . I f. BOARD 0 COUNTY COM~ISSIONERS
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~ DATE . DATE
COLLIER COUNTY lEGAL REVIEW: ATTEST: 00',](;" ,,' . At(
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DATE
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
DATE
TITLE
DATE
PROJECT MANAGER APPROVED:
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
BY: