Agenda 12/02/2008 Item #16B10
Agenda Item No. 16610
December 2, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Maintenance
Agreement to accompany the Locally Funded Agreement between FDOT and Collier
County for construction of a new bridge over the Cocohatchee River on County Road 901
(Vanderbilt Drive), previously approved on October 28, 2008 and approving a Resolution
authorizing the Chairman to sign the Maintenance Agreement.
OBJECTIVE: To obtain Board approval of a Maintenance Agreement to accompany the
Locally Funded Agreement, Memorandum of Understanding, and Resolution pertaining to the
construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt
Drive) that the Board of County Commissioners previously approved on October 28, 2008, and
approving a Resolution authorizing the Chairman to sign thc Maintenance Agreement
CONSIDERATIONS: The Board of County Commissioners previously approved the Locally
Funded Agreement, Memorandum of Understanding, and Resolution pertaining to the
construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt
Drive) on October 28,2008.
As part of this project, FDOT requires the execution of a Maintenance Agreement to accompany
the Locally Funded Agreement, as well as a Memorandum of Agreement, which also includes
___ the State of Florida Department of Financial Services to establish an escrow account to deposit
funds to be used to finance the project A standard Maintenance Agreement is attached hereto to
memorialize the Board's approval of that agreement and a Resolution authorizing the Chairman
to sign the Maintenance Agreement
GROWTH MANAGEMENT IMPACT: The attached Maintenance Agreement does not
impact or conflict with the Growth Management Plan.
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.-SR T
FISCAL IMPACT: The approval of the Maintenance Agreement will have an undetermined
fiscal impact associated with the ongoing maintenance of the bridge. Collier County is currently
responsible for maintenance of the bridge and a newly constructed bridge will require less
maintenance for the upcoming years relieving the immediate burden.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Maintenance Agreement and a Resolution authorizing the Chairman to sign the agreement on the
Board's behalf.
Prepared by Michael Greene, Transportation Planning Manager
Attachments: I) Maintenance Agreement; 2) Resolution.
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Page 1 of2
Agenda Item No. 16B 10
December 2, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B10
Recommendation that the Board of County Commissioners approve a Maintenance
Agreement to accompany the Locally Funded Agreement between FOOT and Collier County
for construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt
Drive), previously approved on October 28,2008 and authorizing the Chairman to execute
both agreements
Meeting Date:
12/2/2008 900.00 AM
Prepared By
Michael Greene
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
11/17/20082:01:31 PM
Approved By
Gloria Herrera
ManagemenUBudget Analyst
Date
Transportation Services
Stormwater Management
11/17/20082:27 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11/17/20083:10 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
11/17/20083:15 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
11/17/20084:02 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Adm;n.
11/18/20087:34 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/18/20088:06 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
11/18/20089:15 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
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Agenda Item No. 16810
December 2, 2008
Page 3 of 8
County Manager's Office
Office of Management & Budget
11/18/20082:25 PM
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/18/20086:14 PM
Approved By
Leo E. Ochs, Jr,
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
11/19/20089:24 AM
file://C:\AgendaTest\Export\ 117-December%202, %202008\ 16, %20CONSENT%20AGEN __, 11/25/2008
Agenda Item No. 16B 1 0
December 2, 2008
Page 4 of 8
FPID # 408440 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 9339.08, 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 #
408440 1 5201, FAP # 0081 0148, which will benefitthe 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 ofthe premises, the parties agree as follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal
participation in CR 901at Vanderbilt Drive Bridge # 030176 over Cocohatchee river
bridge replacement
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) FOOT Procedures 850-065-001 and 850-065-002,
as amended.
Agenda Item No. 16B10
December 2, 2008
Page 5 of 8
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. 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.
Agenda Item No. 16B 1 0
December 2, 2008
Page 6 of 8
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this AGREEMENT to
be executed in its behalf through its Chainnan 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:
COLLIER COUNTY
ATTEST
BY:
BY:
CHAIRMAN OR DESIGNEE
BOARD OF COUNTY COMMISSIONERS
PRINT NAME
PRINT NAME
TITLE DATE
COLLIER COUNTY LEGAL REVIEW:
DATE
BY:
s~"1
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. 16B 1 0
December 2. 2008
Page 7 of 8
RESOLUTION 2008-
A RESOLUTION OF THE BOARD OF COUNTY COMMlSIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY
RELATED TO THE CR 901 AT VANDERBILT BRIDGE # 030176 COCOHATCHEE
RIVER BRIDGE REPLACEMENT PROJECf AND AUTHORIZING THE CHAIRMAN
TO SIGN THAT AGREEMENT AT THE DECEMBER 2, 2008, MEETING.
WHEREAS, at the December 2, 2008, meeting of the Board of County Commissioners the
Board approved a Post Project Maintenance Agreement (the "Maintenance Agreement") with the
Florida Department of Transportation establishing the responsibilities of the parties pertaining to
post-project maintenance after the repair/replacement of the CR 901 at Vanderbilt Drive Bridge
# 030176 over the Cocohatchee River Bridge and authorized the Board of County
Commissioners, through its Chairman, to enter into the Maintenance Agreement with the Florida
Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board to provide a
resolution memorializing and confirming the Board's aforementioned affinnative vote to
approve the agreement and authorize the Chairman to execute the Maintenance Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On December 2, 2008, the Board of County Commissioners approved by majority vote
the Maintenance Agreement and authorized its chairman to execute that agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 2nd day of
December 2008.
I
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Scott R. Teach,
Deputy County Attorney
Agenda Item No. 16B 1 0
December 2, 2008
Page 8 of 8
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
TOM HENNING, CHAIRMAN
2