Broward County Commission Regular Meeting


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AI-16797 46.       
Meeting Date: 06/24/2014  
Director's Name: Cynthia Chambers
Department: Environmental Protection Division: Pollution Prevention

Information
Requested Action

A. MOTION TO APPROVE proposed Construction Agreement between the State of Florida Department of Transportation (FDOT) and Broward County for the construction and use of land for site 35 air monitoring station in FDOT Right-of-Way (ROW).

ACTION:  (T-10:23 AM)  Approved.
 
VOTE: 9-0.
 
B. MOTION TO AUTHORIZE County Administrator to adopt and execute the Construction Agreement, or in substantially the same form, between FDOT and Broward County on behalf of the Board; authorize the Director of Pollution Prevention, Remediation and Air Quality Division (PPRAQD) to, after review and approval by the Office of the County Attorney, execute any non-monetary amendments to the construction agreement, or other non-monetary documents required by FDOT as necessary to complete construction and installation of site 35.

ACTION:  (T-10:23 AM)  Approved.
 
VOTE: 9-0.

Why Action is Necessary
The Board of County Commissioners approval is required to enter into agreements with the Florida Department of Transportation.
What Action Accomplishes
Approves standard form Construction Agreement between Broward County and FDOT for construction and use of land for site 35 air monitoring station in FDOT ROW. Authorizes County Administrator to adopt and execute the Construction Agreement, or in substantially the same form, on behalf of the Board.
Is this Action Goal Related
Previous Action Taken
None
Summary Explanation/ Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT, POLLUTION PREVENTION, REMEDIATION AND AIR QUALITY DIVISION RECOMMENDS APPROVAL.

Motion A
Large urban counties with high traffic counts, including Broward County, are required to adhere to certain U.S. Environmental Protection Agency (EPA) Clean Air Act regulations. These regulations include National Ambient Air Quality Standards (NAAQS) that require monitoring of ambient air quality. In February 2010, EPA revised the NAAQS for Nitrogen Dioxide (NO2). In this revision, EPA required changes to local monitoring networks. These changes include capturing short-term NO2 concentrations near heavily traveled roads. To effect these changes and in accordance with EPA regulations, air quality monitoring stations must be constructed within 50 meters of the highest traffic count roadway in the urban area. These stations are referred to as Near Road Ambient Air Monitoring Stations (NRAAMS). Here in Broward County, that location is adjacent to southbound I-95, just south of Sunrise Blvd.

This action will approve the proposed Construction Agreement (Exhibit 2) which will allow for PPRAQD to install and maintain a NRAAMS on Florida Department of Transportation (FDOT) Right of Way (ROW) (Exhibit 3). The proposed Construction Agreement will enable the selected contractor to install the required NRAAMS and will allow for use of the property for the purpose of monitoring air quality in accordance with federal regulations 40 CFR part 58. This property is owned by FDOT and is located in the ROW of southbound I-95, just south of Sunrise Blvd. 

Motion B
This Board action authorizes the County Administrator to adopt and execute the Construction Agreement, or in substantially the same form, on behalf of the Board. This action also authorizes the Director of PPRAQD to execute non-monetary amendments to the Construction Agreement, or other documents required by FDOT that are necessary to complete construction and installation of the site 35 ambient air monitoring station, after review and approval by the Office of the County Attorney. The NRAAMS must be installed and functioning by December 31, 2014. The purpose of this action is to allow continued progress on site 35 related agreements during the Commission summer recess.

The Construction Agreement does not include the County's standard agreement provisions because FDOT requires the use of its form agreement and language when allowing the County to construct and install equipment on its property.

Fiscal Impact
Fiscal Impact/Cost Summary:
There are no costs for this construction agreement.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - FDOT Construction Agreement
Exhibit 3 - 100% Construction Documents


    

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