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Agenda 02/24/2009 Item #16B 5 Agenda Item No, 1665 February 24, 2009 Page 1 of 9 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute 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 SW and 50th Terrace SW, OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution approving the attached FDOT Transportation Post Project Maintenance Agreement for the maintenance of a pedestrian bridge and guardrail project on 20u. Place SW between 50th Street SW and 50th Terrace SW, CONSIDERATIONS: The FOOT has undertaken the project and obtained approval for federal participation in a pedestrian bridge and guardrail "Safe Routes to School" project on 20th Place SW. Upon completion of the project, Collier County shall be responsible, at its cost, for the maintenance of the 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, ~ FISCAL IMPACT: The Collier County Road Maintenance Department estimates that upon completion, this project will require an additional committed annual budget expenditure of $5,000,00 for operation, maintenance and life cycle replacement. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action,-SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute the attached Transportation Post Project Maintenance Agreement with the FDOT whereby Collier County will assume the maintenance responsibility for a pedcstrian bridge and guardrail "Safe Routes to School" project on 20th Place SW between 50th Street SW and 50th Tcrrace SW, and direct staff to include the operation, maintenance and life cycle replacement cost as a line item in the annual budget review following the completion of the project. Prepared by: Dale A. Bathon, P,E, Principal Project Manager. TECM - Attachments: I) Resolution; 2) FOOT Transportation Post Project Maintenance Agreement FPIO # 423524 I 52 0 I Agenda Item No, 1665 February 24. 2009 Page 2 of 9 Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No, 1685 February 24, 2009 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B5 Resolution authorizing the Chairman of the Board of County Commissioners to execute a Transportation Post Project Maintenance Agreement with the Florida Department of Transportation (FOOT), for the maintenance of a pedestrian bridge and guardrail Safe to School project on 20th Place SW between 50tr, Street SW and 50th Terrace SW 2/24/2009 90000 AM Prepared By Dale A. Bathon, P.E. Transportation Services Prinicipal Project Manager Date Transportation Engineering and Construction 2/6/20093:04:19 PM Approved By Dale A. Bathon, P.E. Transportation Services Prinicipal Project Manager Date Transportation Engineering and Construction 2/6/20093:42 PM Approved By Norm E. Feder, Alep Transportation Services Transportation Division Administrator Date Transportation Services Admin. 2/9/20099:10 AM Approved Oy Brian Hancock Transportation Division Operations Support Manager Date Transportation Administration 2/9/2009 9:46 AM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 2/9/2009 1 :58 PM Approved By John Vliet Transportation Services Roads Maintenance Superintendant Date Road Maintenance 2/9/2009 2:56 PM Approved BJ Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 2/9/20094:04 PM Approved By Rookmin Nauth Transportation Services ManagemenUBudget Analyst Date Transportation Engineering and Construction 2/10/200910:07 AM Approved By Scott R. Teach County Attorney Assistant County Attorney Date County Attorney Office 2/10/20092:36 PM Approved Ry Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 2/10/20093:15 PM file://C:\AgendaTest\Export\ 124-February%2024,%202009\ 16,%20CONSENT%20AGEND... 2/18/2009 Page 20f2 Agenda Item No, 1665 February 24, 2009 Page 4 of 9 Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 2/10/20093:17 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/11/20093:24 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 2/13/20093:34 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/16/20096:03 PM file:IIC :\Agenda Test\Export\ 124-F ebruary%2024, %202009\ 16. %20CONSENT%20AGEND.., 2/18/2009 Agenda Item No, 1665 February 24,2009 Page 5 of 9 RESOLUTION NO. 2009 - 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 20111 PLACE SW BETWEEN 50111 STREET AND 50111 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 ("FOOT") for the maintenance of a pedestrian bridge and guardrail "Safe to School" project on 201h Place SW between 50th Street and 50th Terrace SE (the "Agreement") whereby FDOT has Wldertaken the project to construct a pedestrian bridge and guardrail with federal pm1icipation and Collier CoWlty agrees to assume 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 COWlty Board of County Commissioners finds that it is in the public interest to enter into the Agreement and assume 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 FOOT along with the Agreement for execution by FDOT, Agenda Item No, 1665 February 24, 2009 Page 6 of 9 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 24th day of February, 2009. ATIEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: ~!fI2J~t Scott R, Teach, Deputy County Attorney Agenda Item No, 1665 February 24, 2009 Page 7 of 9 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 # 42352415201, FAP # SRTS 052 A, 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, , 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 SW and 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) FDOT Procedures 850-065-001 and 850- 065-002, as amended. Agenda Item No, 1665 February 24.2009 Page 8 of9 FPID # 423524 1 52 01 COLLIER COUNTY Page 2 of3 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. Agenda Item No, 16B5 February 24, 2009 Page 9 of 9 FPID # 423524 1 52 01 COLLIER COUNTY Page 3 of3 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 COLLIER COUNTY ATTEST BY: BY: CHAIRMAN, BOARD OF COUNTY OF COUNTY COMMISSIONER OR DESIGNEE Dwight Brock PRINT NAME Donna Fiala PRINT NAME Clerk of Courts TITLE COLLIER COUNTY LEGAL REVIEW: DATE February 24, 2009 DATE BY: ~tf /? )~ "L/bJl>1 I r DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: BY: PRINT NAME PRINT NAME TITLE PROJECT MANAGER APPROVED: BY: DATE TITLE FLA DEPT. OF TRANS, LEGAL REVIEW: DATE BY: