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Agenda 02/11/2014 Item #16A4 2/11/2014 16.A.4. EXECUTIVE SUMMARY Recommendation to approve a Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT), for the maintenance of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr., upon completion of the FDOT intersection improvements project, Financial Project No. 429908- 1-52-01,and a Resolution authorizing the Chairman to sign the Agreement. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign a Post Project Maintenance Agreement with Florida Department of Transportation (FDOT) for the maintenance of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr, upon completion of the FDOT improvement project. CONSIDERATION: FDOT has undertaken Financial Project No. 429908-1-52-01 and obtained approval for federal participation for the intersection improvements of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Drive. The Road and Bridge Maintenance Department of the Growth Management Division is responsible for the maintenance of all county maintained roads, including the subject intersection, in accordance with accepted State standards. FDOT has agreed to construct the intersection improvements and as such the only expense that county would incur would be the regular maintenance that is required for all county maintained roadways. Should this agreement not be approved at this time, FDOT will not be able to proceed with the intersection improvement project and the federal participation with be lost. FISCAL IMPACT: Roadway maintenance funding is budgeted in Transportation Services Fund (101) Road & Bridge cost center (163620). Because maintenance of the subject intersection is an existing responsibility, the Road Maintenance Department estimates that upon completion the project will not require additional committed maintenance funding. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the BCC approves and authorizes the Chairman to sign the attached Project Maintenance Agreement with Florida Department of Transportation (FDOT) for the purpose of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr. and a Resolution memorializing the Board's approval of the Agreement. Prepared By: John Vliet, Director Road and Bridge Maintenance, GMD Attachments: 1) FDOT Transportation Post Project Maintenance Agreement FPID # 429908-1- 52-01 and 2)Resolution Packet Page-250- 2/11/2014 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to approve a Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT), for the maintenance of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr., upon completion of the FDOT intersection improvements project, Financial Project No. 429908-1-52- 01, and a Resolution authorizing the Chairman to sign the Agreement. Meeting Date: 2/11/2014 Prepared By Name: LynchDiane Title: Administrative Assistant 1/17/2014 8:59:21 AM Approved By Name: LynchDiane Title: Administrative Assistant Date: 1/17/2014 9:16:48 AM Name: VlietJohn Title: Director-Road Maintenance,Transportation Enginee Date: 1/21/2014 8:35:47 AM Name: GossardTravis Title: Superintedent-Roads&Bridges,Transportation Eng Date: 1/21/2014 8:35:57 AM Name: ShueGene Date: 1/22/2014 3:10:29 PM Name: KearnsAllison Date: 1/22/2014 3:33:21 PM Name: LaPierreBarbara Title: Management/Budget Analyst,Transportation Administr Date: 1/22/2014 3:45:43 PM Packet Page-251- 2/11/2014 16.A.4. Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 1/24/2014 2:03:15 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/30/2014 3:44:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 1:5 0:51 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 2/3/2014 4:48:27 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 10:33:15 AM Packet Page-252- 2/11/2014 16.A.4. FPID#429908-1-52-01 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, 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 the Intermodal Surface Transportation Efficiency Act of 1991, 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# 429908-1- 52-01, FAP#8886 243a, 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 copy of which is attached hereto and made a part hereof, has consented to and approved the Agreement and has authorized its Chairman 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 replacement of existing signalization and constructing northbound dual left turn lanes on N. Horseshoe Drive @ CR 31. 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. 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. Packet Page-253- 0 2/11/2014 16.A.4. FPID#429908 1 52 01 ery,, POST-PROJECT MAINTENANCE AGREEMENT:COLLIER COUNTY Page 2 of 2 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf through its Chairman or designee, and THE 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: Department to enter date. COLLIER COUNTY, FLORIDA ATTEST BY: BY: CHAIRMAN OR DESIGNEE PRINT NAME PRINT NAME TITLE DATE DATE COLLIER COUNTY LEGAL REVIEW: BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME PRINT NAME TITLE DATE TITLE DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: c 4)15 Packet Page-254- 2/11/2014 16.A.4. RESOLUTION NO. 2014 - 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 THE TURN LANE AND INTERSECTION IMPROVEMENTS AT CR31 ( AIRPORT- PULLING RD . ) AND NORTH HORSESHOE DR . WHEREAS, FDOT has undertaken a project and obtained federal participation of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr., (Financial Project# 429908 1 52 01); and WHEREAS, FDOT and the Board of County Commissioners (County) wish to enter into a Transportation Post Project Maintenance Agreement that would require the County to maintain the roadway after they are constructed by FDOT; and WHEREAS, the County finds that the construction and future maintenance of the of the turn lane and intersection improvements at CR31 (Airport-Pulling Rd) and North Horseshoe Dr. is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Post Project Maintenance Agreement for Financial Project # 429908 1 52 01. 2. The Collier County Clerk shall 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. Packet Page -255- 2/11/2014 16.A.4. This resolution adopted after motion, second, and majority vote favoring same this day of February 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. By: By: Deputy Clerk Commissioner Tom Henning, Chairman Approved as to formipnd legality: By: ifg 1244 Scott R. Teach, Deputy County Attorney Packet Page-256-