Agenda 06/23/2009 Item #16D 4
Agenda Item No. 1604
June 23, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommend that the Board of County Commissioners approve and authorize the
Chairman to sign an agreement with Florida Department of Transportation and a
supporting resolution for the maintenance of the North Fishing Pier to be constructed in
conjunction with the Marco Island Bridge (Jolley Bridge) replacement.
OBJECTIVE: To provide for recreational activities for the citizens of Collier County.
CONSIDERATIONS: During Hurricane Wilma, the fishing pier associated with the Jolley
Bridge was damaged beyond repair.
Pursuant to the American Recovery and Reinvestment Act of 2009, the Florida Department of
Transportation is authorized to undertake a project within Collier County, The Department has
obtained approval for federal participation in SR 951 for the No. 030148 Marco Island Bridge
(Jolley Bridge) replacement and the North Fishing Pier.
Representatives of the Florida Department of Transportation approached Collier County Parks
and Recreation with the option of rebuilding the fishing pier associated with the Marco Island
Bridge (Jolley Bridge) in exchange for the County's maintenance of the fishing pier.
,-
According to the Resolution and Agreement, Collier County Parks and Recreation Department
shall be responsible, at its costs, for maintenance of the North Fishing Pier to be built in
conjunction with the Marco Island Bridge (.Jolley Bridge) replacement.
FISCAL IMPACT: The Parks and Recreation Department will provide maintenance for the
North Fishing Pier to be built in conjunction with the Marco Island Bridge (Jolley Bridge)
Replacement. Yearly maintenance costs for the North Fishing Pier are expected to be
approximately $1,300 per year.
GROWTH MANAGEMENT IMPACT: The North Fishing Pier will add to our recreational
amenities for the residents and visitors of Collier County. The Fishing Pier will be inventoried in
the Parks and Recreation Department park facility report and in the Growth Management Plan,
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and this item is
not quasi-judicial, no ex parte disclosure required, requires majority vote only, and is legally
sufficient for Board action - CMG.
RECOMMENDATION: Recommend that the Board of County Commissioners approve and
authorize the chairman to sign an agreement with Florida Department of Transportation and a
supporting resolution for the maintenance of the North Fishing Pier to be constructed in
conjunction with the Marco Island Bridge (Jolley Bridge) replacement.
Prepared By: Sidney Kittila, Operations Coordinator, Collier County Parks and Recreation.
.,."",.....,
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Agenda Item No. 1604
June 23, 2009
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1604
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign an agreement with Florida Oepartment of Transportation and a supporting
resolution for the maintenance of the North Fishing Pier to be constructed in conjunction with
the Marco Island Bridge (Jolley Bridge) replacement.
Meeting Date: 6/23/2009900:00 AM
Approved By
Barry Williams Director Date
Public Services Parks and Recreation 6/5/20094:59 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 6/8/2009 11 :43 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 6/8/200912:30 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 6/8/200912:51 PM
Approved By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 6/9/200910:43 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 6/11/20095:20 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 6/12/200911 :10 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 6/12/20099:42 PM
Commissioners
file:/IC:\AgendaTest\Export\132-June%2023,%202009\ 16.%20CONSENT%20AGENDA\1... 6/17/2009
Agenda Item No. 1604
June 23, 2009
Page 3 of 7
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. , dated , 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.
Agenda Item No. 1604
June 23, 2009
Page 4 of 7
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 conceming 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.
Aoenda Item No. 1604
- June 23, 2009
Page 5 of 7
FPID # 195410-1.52-01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 2 of 3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this AGREEMENT to be
executed in its behalf through 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.
COLLIER COUNTY
ATTEST
BY:
BY:
CHAIRPERSON,
BOARD OF COUNTY COMMISSIONERS
PRINT NAME
PRINT NAME
TITLE
COLLIER COUNTY LEGAL REVIEW:
DATE
DATE
BY: L~~ G.Lf.o9
.I
A-ssismnf ~u.rrtJ ftffDrne~ DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
DATE
TITLE
DATE
PROJECT MANAGER APPROVED:
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
BY:
Agenda Item No. 1604
June 23,2009
Page 6 of 7
RESOLUTION 09-
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
TRA1~SPORT A TION 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 Connnissioners to provide a resolution
memorializing and confinning 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.
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Agenda Item No. 1604
June 23, 2009
Page 7 of 7
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. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. Deputy Clerk
By:
DONNA FIALA, CHAIR1\.1AN
By:
Approved as to form
and legal sufficiency:
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