2009-09 DOT Sidewalks/Am Recovery Act Grant
RESOLUTION NO. 09-09
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
• APPROVING POST-PROJECT MAINTENANCE WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR PROJECTS TO BE
AWARDED UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009; AUTHORIZING APPROVAL AND
EXECUTION OF MAINTENANCE AGREEMENT BY THE MAYOR;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the AMERICAN RECOVERY AND REINVESTMENT ACT of 2009, (ACT),
the Federal government is awarding funds to the various states to fund infrastructure
improvements within such state; and
WHEREAS, the Florida Department of Transportation (FDOT) has been designated within the state
of Florida to administer the funding and construction of certain infrastructure improvements
within the purview of the ACT, which ACT requires the local governmental agency to assume
maintenance of the improvement once constructed; and
WHEREAS, it is in the best interests of the City of Okeechobee and its citizens to participate in such
projects; the City has the capability to maintain the improvements; and the cost of such
maintenance is a minor aspect of the overall project and improvement to the City.
NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by a majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the
City that:
SECTION 1.
The City of Okeechobee, Florida is authorized to participate in infrastructure improvements
with the State of Florida under the auspices of the AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 from time to time as in the best interests of the City, with the
initial project designated as Financial Project No. 426636 1 52/62 01.
SECTION 2.
That for all such projects that require compliance with Title 23, USC Section 116 and the
Federal Highway Administration regulations pursuant thereto, the City of Okeechobee, Florida
shall, once the referenced project is completed, at its own cost and its own method, be
responsible thereafter for continued maintenance of said project(s), according to the
regulations pertinent under the Manual of Uniform Minimum Highway Standards for Design,
and FDOT procedures 850-065-001; 850-065-002, as amended.
SECTION 3.
That by approval of this Resolution, the Mayor for the City of Okeechobee, Florida is thereby
authorized to enter into and execute on behalf of the City the consent and agreement with
FDOT for the maintenance of Project No. 426636 1 52/62 01.
SECTION 4.
This Resolution shall take effect immediately upon adoption.
•
Resolution No. 09-09 Page 1 of 2
INTRODUCED AND ADOPTED in regular session this-21st day of April. 2009
James E. Kirk, Mayor
A#iEST: {
Lane Gamiotea, CMd, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 09-09 Page 2 of 2
Florida Department col' Transportation
CHARLIE CRIST P.O. Box 10 STEPHANIE C. KOPELOUSOS
GOVERNOR Fort Myers, Florida 3902 SECRETARY
Mr. Brian Whitehall, Administrator
City of Okeechobee
55 S.E.Third Ave
Okeechobee, FL 34974-2932
RE: Executed Transportation Post Project M.
Financial Project No.: 4266361 52/1
Description: Sidewalks at
to 11th Ave,'
from 2nd St,
Dear Mr. Whitehall:
Enclosed for your files is one (1) copy of the execi:
referenced project.
Should you have any questions, please feel free to
KAM/tp
C: Amy E. Blair, Project Manager, MS 1-8, w/
Susan King, Jacobs, letter only
www. dot.
5, 2009
penance Agreement
11
-ions locations- SW 9th St from 5th Ave
11th Ave from 2"d St and SW 7th Ave
5th St.
Maintenance Agreement on the above
me at (239) 461-4300.
Miracola
aren
istrict LFA/JPA Coordinator
.fl.us
FPID # 426636 1 52162 01
~
TRANSPORTATION POST PBCTMAINTENANCEAGREEMENT
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF OKEECHOBEE
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and CITY OF
OKEECHOBEE, hereinafter referred to as "LOCAL AGENCY' for the maintenance of post-
project transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to the American Recovery arm nin the LOCAL GOVERNMENT
DEPARTMENT is authorized to undertake a project geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
426636 152162 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 GOVERNMENT to maintain the project; and
4. WHEREAS, the LOCAL GOVERNMENT by Resolution No. 09-09 dated
Amil 21, 2009 , a copy of which is attached hereto and made a part hereof,
has consented to and approved the Agreement and has authorized its Mayor 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 sidewalks at various locations SW a St from 5 Ave to 11"' Ave, SW
11"' Ave from 2°d St to a St, and SW 7n' Ave from 2°d St to 15 St.
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) FDOT 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.
v
FPID 427989 1 52/62 01
POST PROJECT MAINTENANCE AGREEMENT: CITY OF OKEECHOBEE
Page 2 of 2
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.
IN WITNESS WHEREOF, the CITY OF OKEECHOBEE 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:
PRINT NAME
Department to enter date.
ATTEST
BY: 0-10
Tarp Cmiotea
City Clerk
TITLE
CITY OF OKEECHOBEE G REVIEW:
BY: .J
Jotn R. Cook, City Attorney
CITY OF OKEECHOBEE
12/17/1009
DATE
DATE
ATTEST
BY: 7r\ca_V
e ra Jvne M `C4 rM
INT A E
I miln�s A sls
lv� -ink" /i4 13110 TI LE DATE
PRO E T MA GER A PROVED:
BY: t i1 A f t o
R OR DES GNEE
Janes F. Kirk
PRINT NAME
Mayor
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
12/17
DATE
tiK C1 rnmbs
PRINT N ME
I Y �1
r/l fSpn i4., I)ewiop I/
TITLE DATE
FLA. DEPT.
BY:
TRANS. LEGAL REVIEW:
njs',rli a irkl!
a /4/o
FPID 427989 1 52/62 01
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF OKEECHOBEE
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and the CITY
OF OKEECHOBEE, 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
427989 1 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. 09--09 dated
April 21. 2(09 a copy of which is attached hereto and made a part hereof,
has consented to and approved the Agreement and has authorized its Mayor 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 for sidewalks on NE 6 Street from NE 2 Ave to NE 6 Ave, NW 6th
Street from US 441 to NW 11 Ave, NW 9 Street from US 441 to NW 8 Ave, SE
7 Street from SE 9 Ave to SE 13 Ave and SE 9 Ave from SE 7 Street to SE 8th
Drive.
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) FDOT 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
v
FPID 427989 1 52/62 01
POST PROJECT MAINTENANCE AGREEMENT: CITY OF OKEECHOBEE
Page 2 of 2
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.
IN WITNESS WHEREOF, the CITY OF OKEECHOBEE 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:
PRINT NAME
Department to enter date.
ATTEST
BY: 0-10
Tarp Cmiotea
City Clerk
TITLE
CITY OF OKEECHOBEE G REVIEW:
BY: .J
Jotn R. Cook, City Attorney
CITY OF OKEECHOBEE
12/17/1009
DATE
DATE
ATTEST
BY: 7r\ca_V
e ra Jvne M `C4 rM
INT A E
I miln�s A sls
lv� -ink" /i4 13110 TI LE DATE
PRO E T MA GER A PROVED:
BY: t i1 A f t o
R OR DES GNEE
Janes F. Kirk
PRINT NAME
Mayor
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
12/17
DATE
tiK C1 rnmbs
PRINT N ME
I Y �1
r/l fSpn i4., I)ewiop I/
TITLE DATE
FLA. DEPT.
BY:
TRANS. LEGAL REVIEW:
njs',rli a irkl!
a /4/o