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Agenda 11/15/2016 Item #16A22 16.A.22 11/15/2016 EXECUTIVE SUMMARY Recommendation to approve 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 Pine Crest Elementary on the east side of South 7th Street, 4th Street, 3rd Street, and 2°d Street from Delaware Avenue West to Colorado Avenue, upon completion of FDOT Financial Project No. 430922-1-52-01, and a Resolution authorizing the Chairman to sign the Agreement. OBJECTIVE: To accept and approve the maintenance and repair responsibilities for sidewalks constructed by the Florida Department of Transportation(FDOT). CONSIDERATION: FDOT has planned Financial Project No. 430922-1-52-01 and obtained approval for federal participation for the sidewalks constructed as part of the "Safe Route to School" program at Pine Crest Elementary on the east side of South 7th Street, 4th Street, 3rd Street and 2' Street from Delaware Avenue West to Colorado Avenue. The Road and Bridge Maintenance Division of the Growth Management Department is responsible for the maintenance of all county maintained sidewalks in accordance with accepted State standards. FDOT has agreed to construct the sidewalks, and as such the the county will fund regular ongoing maintenance for the sidewalks. Should this agreement not be approved at this time,FDOT will not be able to proceed with the sidewalk improvement project. FISCAL IMPACT: The maintenance of the additional sidewalks should not require additional annual funding for several years, as the lifecycle of concrete sidewalks is approximately 30 years with few repairs needed within the first 5-7 years. Staff has a current inventory of sidewalks, bike paths, shared use paths and curbing of approximately 1,100 miles which is repaired and maintained annually within a Board of County Commissioners(Board)approved budget of$875,000(average cost$795 per mile). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: The addition of sidewalks is consistent with Growth Management objectives and produces no negative impact. RECOMMENDATION: To approve and authorize the Chairman to sign the attached Project Maintenance Agreement with FDOT for the purpose of accepting sidewalk maintenance responsibilities upon completion of the FDOT "Safe Route to School" sidewalk improvement project and a Resolution memorializing the Board's approval of the Agreement. Prepared by: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees & Program Management Division,Growth Management Department ATTACHMENT(S) 1.Post Project Maintenance Agreement (PDF) 2.Resolution (PDF) Packet Pg 535 16;A:22, 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Item Summary: Recommendation to approve 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 Pine Crest Elementary on the east side of South 7th Street,4th Street, 3rd Street, and 2nd Street from Delaware Avenue West to Colorado Avenue, upon completion of FDOT Financial Project No.430922-1-52-01,and a Resolution authorizing the Chairman to sign the Agreement. Meeting Date: 11/15/2016 Prepared by: Title: Manager-Planning—Capital Project Planning,Impact Fees,and Program Management Name: Trinity Scott 10/10/2016 1:24 PM Submitted by: Title: Division Director-IF,CPP&PM—Capital Project Planning,Impact Fees,and Program Management Name: Amy Patterson 10/10/2016 1:24 PM Approved By: Review: Road Maintenance Dave Morgan Additional Reviewer Completed 10/10/2016 3:36 PM Road Maintenance Travis Gossard Additional Reviewer Completed 10/10/2016 3:59 PM Capital Project Planning,Impact Fees,and Program Management Barbara LaPierre Additional Reviewer Completed Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 4:37 PM Growth Management Department Gene Shue Additional Reviewer Completed 10/17/2016 4:49 PM Procurement Services Allison Kearns Additional Reviewer Completed 10/31/2016 9:16 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/01/2016 3:59 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/02/2016 9:46 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2016 10:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 2:21 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/03/2016 9:42 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM -Packet Pg. 536 16.A 22.a FPID#430922-1-52-01 i""\ 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. , dated , a c^ copy of which is attached hereto and made a part hereof, has consented to and approved the E 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, 3'd Street, and 2"d Street from Delaware Avenue W to Colorado Avenue. 2 L a. 2. It is understood and agreed by the parties that upon completion of the project, the LOCAL c AGENCY shall be responsible, at its costs, for maintenance of said project in accordance with a 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 E as to any future amendments and/or updates to said Manual. 3. This document incorporates and includes all prior negotiations, correspondence, conversations, a 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. 66) Packet Pg.537 6:A:22,4 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 a 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: 2 Department to enter date. v d c CD E a) a) cc s_ THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 4- a) L a N O a 4- c cf2", E Ce a Packet Pg538 , 16.A.22.a FPID#430922-1-52-01 POST-PROJECT MAINTENANCE AGREEMENT: COLLIER COUNTY Page 3 of 3 COLLIER COUNTY ATTEST BY: BY: CHAIRPERSON, OR DESIGNEE a) E PRINT NAME AND TITLE PRINT NAME AND TITLE 'ES) TITLE DATE DATE COLLIER COUNTY LEGAL REVIEW: cc CD BY: DATE tcs 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST a) BY: BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME PRINT NAME TITLE DATE TITLE DATE a) FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: 15: a. a. ) Packet Pg. 539 I6A.22.b_ RESOLUTION 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. 76 Street, 4`h Street, 3r1 Street, and 2"d Street from Delaware Avenue West to Colorado Avenue (Financial Project # , 430922-1-52-01;and d E d 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 co constructed by FDOT;andco C WHEREAS,the County fmds that the construction and future maintenance of the sidewalks built is in the public interest. E 2 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD THAT: m 1. The BOARD approves, and authorizes its Chair to sign the attached Post Project Maintenance Agreement for Financial Project#430922-1-52-01. a ti 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. ' m THIS RESOLUTION IS ADOPTED this day of November, 2016, after motion, second and c majority vote in favor of adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS co 4 Donna Fiala Dwight E.Brock,Clerk Chairperson Signature of Chairperson oved aso f d legality: 0/ cott R.Teach,Deputy County Attorney Exhibit A Page 1 of 1 Packet Pg.540