Agenda 07/28/2009 Item #16B18Agenda item No. 161318
July 28, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners issue a resolution approving
and authorizing the Chairman to sign a Landscape Maintenance Agreement between
Collier County and the Florida Department of Transportation (FDOT), for landscaping
being installed in the medians on SR 951 at Bridge No. 030148 Marco Island Bridge North.
OBJECTIVE: That the Board approves a Resolution authorizing the Chairman to sign a
Landscape Maintenance Agreement with the Florida Department of Transportation for the
installation and future maintenance of improvements within the medians on SR 951 at Bridge
No. 030148 Marco Island Bridge North.
CONSIDERATION: As part of the American Recovery and Reinvestment Act of 2009, Florida
Department of Transportation is authorized to undertake the Marco Island. Bridge project within
a portion of Collier County. The Florida Department of Transportation (FDOT) will be funding
the landscape and irrigation improvements along SR 951 at Bridge No. 030148 Marco Island
Bridge North landscaping.
The scope of the irrigation and landscaping requested maintenance extends from Station
126 +99.83 to Station 137 +20 which is within Collier County and is approximately 1,020 feet
north on State Road 951 at Bridge No. 030148 Marco Island Bridge. FDOT will install the
-^ improvements with input from the Collier County Transportation staff and will have the
opportunity to modify the landscape design to match the current SR 951 design that is being
installed in 2009. These recommendations include the elimination of sod and connecting the
Collier County irrigation system into one working system. Collier County is required to enter
into agreements for the maintenance of landscaping improvements within FDOT right -of -way as
authorized through Resolution. The attached Agreement and Resolution fulfills FDOT and State
requirements and ensures that the landscaping and irrigation will be maintained by Collier
County.
If the Board votes to approve the resolution and agreement with FDOT, the Board is approving
the annual maintenance cost of approximately $10,000 each year for the .2 mile project. The
FDOT Marco Bridge project will be let in August of 2009. The landscape and irrigation portion
of that project will commence 2010 and be completed in 2012.
FISCAL IMPACT: The SR 951 landscaping and irrigation installation will be funded through
FDOT. The maintenance will be funded through the MSTD General Fund 111, ad valorem
funding in fiscal year 2012. The fiscal impact associated with the future maintenance is based on
the current maintenance expenditure of $50,000 per mile. The estimated annual cost for this .2
miles project is $10,000 in Fiscal Year 2012.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
Agenda Item No. 16818
July 28, 2009
Page 2 of 10
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
RECOMMENDATION: That the Board of County Commissioners issue a Resolution
approving, and authorizing the Chairman to sign, a Highway Landscape Maintenance Agreement
with FDOT for landscaping being installed in the medians on SR 951 at Bridge No. 030148
Marco Island Bridge (Jolley Bridge) and authorize County Manager or his designee to provide
any documentation necessary to carry out the Board's direction.
Prepared by: Pamela Lulich, Landscape Operations Manager, ATM. Department; Liz De Leon,
Project Manager, Alternative Transportation Modes
Attachments: (1) Resolution, (2) FDOT Maintenance of Agreement, (3) Attachment `A': Signed
and Sealed Landscape and Irngation Plans prepared by Wilson Miller.
Page I of 2
Agenda Item No. 161318
July 28, 2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16618
Item Summary: Recommendation that the Board of County Commissioners issues a resolution approving and
authorizing the Chairman to sign a Landscape Maintenance Agreement between Collier
County and the Florida Department of Transportation (FDOT), for landscaping being installed
in the medians on SR 951 at Bridge No. 030148 Marco Island Bridge North. (Estimated
annual fiscal impact $10,000)
Meeting Date: 7/28/2009 9:00:00 AM
Prepared By
Pamela J. Lulich
Project Manager
Date
Transportation Services
Alternative Transportation Modes
7115/2009 9 :03:14 AM
Approved By
Gloria Herrera
Management /Budget Analyst
Date
Transportation Services
Stormwater Management
7/15/2009 2:27 PM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Date
Director
Transportation Services
Alternative Transportation Modes
7/1512009 2:36 PM
°- Approved By
Pamela J. Lulich
Project Manager
Date
Transportation Services
Alternative Transportation Modes
7/15/2009 5:08 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7/1612009 9:07 AM
Construction Management
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
V1612009 12:42 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/1612009 2:55 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7/16/2009 3:04 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/16/2009 3:56 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/17/2009 4:53 PM
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Agenda Item No, 161318
July 28, 2009
Page 4 of 10
Approved B�
Leo B. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 7/18/2009 12:14 PM
Commissioners
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Agenda Item No. 161318
July 28, 2009
Page 5 of 10
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS
CHAIRMAN TO SIGN A LANDSCAPE MAINTENANCE AND INSTALLATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR LANDSCAPING AND IRRIGATION IMPROVEMENTS ON SR 951 AT
BRIDGE NO. 030148, MARCO ISLAND BRIDGE NORTH WITHIN COLLIER
COUNTY, FLORIDA.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to
enter into a Landscape Maintenance and Installation Agreement (the "Agreement") with Collier
County, wherein FDOT will install landscaping and irrigation improvements on State Road 951
at Bridge No. 030148, Marco Island Bridge North within Collier County; and
WHEREAS, the Board of County Commissioner finds that the proposed
improvements are in the public interest and this Agreement is in the best interests of the citizens
of Collier County.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioner approves, and authorizes its Chairman to sign,
-- the attached Agreement.
2. The Collier County Clerk will forward this Resolution to FDOT along with the
Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED this 28th day of July, 2009, after motion, second and
majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and
le
Scott R. Teach,
Deputy County Attorney
Agenda Item No. 16B18
July 28, 2009
Page 6 of 10
FPID# 195410- 1 -52 -01
LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
THIS Agreement, made and entered into this day of , 2009, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter,
"DEPARTMENT") and COLLIER COUNTY, (hereinafter, "AGENCY") for the AGENCY to
maintain, at the AGENCY'S expense, landscaping within the area specified below.
WITNESSETH
1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 951 as part
of the State Highway System; and
2. WHEREAS, the DEPARTMENT seeks to install landscape development improvements
within the unpaved areas within the right -of -way of State Road 951 @ Bridge No. 030145
Marco Island Bridge North landscaping, (hereinafter, "PROJECT") and the AGENCY has
agreed to maintain the landscape improvements after completion of the PROJECT at its
expense; and
3. WHEREAS, the AGENCY, by Resolution No. , dated and attached
hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this
obligation and authorized its Chairman or Designee to execute this Agreement on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement,
it has:
a) Ascertained the location of all existing utilities, both aerial and
underground. A letter of notification and plan of the landscape
development improvements was mailed on N /A, to the following
utilities/municipalities:
Utilities have been addressed in the roadway design plans.
b) Complied with all permit requirements from the appropriate agencies (county,
municipality, etc.) in connection with the activities described hereunder. Outdoor
advertising is specifically excluded from this Agreement in accordance with Fla.
Stat. §479.11.
Agenda Item No. 161318
July 28, 2009
Page 7 of 10
FPID# 195410- 1 -52 -01
LANDSCAPE MAINTENANCE AGREEMENT
Page 2 of 5
2. The AGENCY agrees to maintain the landscape improvements in accordance with the
Technical Maintenance Plan included as Exhibit B attached hereto and by this reference
made a part hereof
3. The AGENCY agrees, at the AGENCY'S expense, to maintain the landscaping within the
median and areas outside the travel way within the right of way pursuant to the Landscape
Plan(s) included as Exhibit C, attached hereto and incorporated into this Agreement, and
Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The
above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said
plan(s) without written approval of the DEPARTMENT.
4. All landscape installation and maintenance activities undertaken by AGENCY shall be
pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and
incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code.
5. The AGENCY may utilize its employees or third parties to accomplish its obligations under
this Agreement. However, the AGENCY remains responsible for proper performance under
this Agreement and shall take all steps necessary to ensure that its employees or third parties
perform as required under this Agreement.
6. It is understood between the parties hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as
determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise
change the state road to meet with future criteria or planning of the DEPARTMENT. The
AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after
which time the DEPARTMENT may remove the same.
7. Designated personnel as directed by the District Secretary or his designee may inspect and
evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping
maintenance responsibility it shall come to the attention of the DEPARTMENT that the
limits or a part thereof is not properly maintained pursuant to the terms of this Agreement,
the District Secretary or his designee may issue a written notice to the AGENCY that a
deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a
period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT may at its option,
proceed as follows:
a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with
DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses
incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs,
or
b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at
its own expense and within sixty (60) days after written notice by the DEPARTMENT,
remove all of the landscaping that the DEPARTMENT directs be removed and return the
right -of -way to its original condition.
8. This Agreement shall take effect upon execution by both parties.
Agenda Item No. 16B18
July 28, 2009
Page 8 of 10
FPIDN 195410-1 -52-01
LANDSCAPE MAINTENANCE AGREEMENT
Page 3 of 5
9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT
wishes to terminate this Agreement. Termination shall be done in writing giving the other
party thirty (30) days notice. Upon notice of termination by either party, all landscape
improvements shall be removed by the AGENCY and the DEPARTMENT'S right -of -way
returned to its original condition. If, after thirty (30) days, the landscape improvements have
not been removed, the DEPARTMENT may, at its option, proceed as follows:
a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse
the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or
b) Remove all landscape improvements, return the right -of -way to its original condition
with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly
reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of
such work.
10. The AGENCY shall keep in force during the period of this Agreement public liability
insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY'S self insurance program.
11. When the DEPARTMENT receives a notice of claim for damages that may have been caused
by the AGENCY in the performance of services pursuant to this Agreement, the
DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT
will evaluate the claim and report their findings to each other within seven working days and
will jointly discuss options in defending the claim. After reviewing the claim, the
DEPARTMENT will determine whether to require the participation of the AGENCY in the
defense of the claim or to require that the AGENCY defend the DEPARTMENT in such
claim pursuant to this section. The DEPARTMENT'S failure to notify the AGENCY of a
claim shall not release the AGENCY from any of the requirements of this section. The
DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all costs, but if the verdict determines that there is
joint responsibility, the costs and liability for damages will be shared in the same percentage
as that judicially established.
12. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
13. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
14. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
Agenda Item No. 16B18
July 28, 2009
Page 9 of 10
FPID# 195410- 1 -52 -01
LANDSCAPE MAINTENANCE AGREEMENT
Page 4 of 5
15. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Mr. Michael Schulte
District Landscape Architect
801 North Broadway (MS 1 -49)
Bartow, FL 33830 -1.249
TO CITY:
Ms. Pam Lulich, Landscape Operations Mgr
Collier County
2885 Horseshoe Drive
Naples, FL 34104
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Agenda Item No. 161318
July 28, 2009
Page 10 of 10
FP1D# 195410- 1 -52 -01
LANDSCAPE MAINTENANCE AGREEMENT
Page 5 of 5
IN WITNESS WHEREOF, has caused this Agreement to be executed in its behalf, by the
Chairman of the Board of County Commissioners or its designee, as authorized by Resolution
No. and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused
this Agreement to be executed in its behalf through its District Secretary or authorized designee.
This Agreement shall become effective on:
ATTEST
CLERK (Seal)
ATTEST
COLLIER COUNTY, FLORIDA
Donna Fiala, Chairman Date
PRINT NAME DATE
COUNTYLEGAL REVIEW:
BY:1
DA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXECUTIVE SECRETARY (Seal)
PRINT NAME DATE
n-
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE