Agenda 03/27/2012 Item #16A 1n
3/27/2012 Item 16.A.1
!_tom V yzi J- lA_n_L.
Recommendation to accept a Speed Limit Study Report and adopt a Resolution of the Board of
County Commissioners of Collier County, Florida, anthorizing,a speed Wait decrease from forty-
five miles per hour (45 mph) to forty miles per hour (40 mph) on Vanderbilt Drive (CR 901) from
9th Street to Bonita Beach Road at a cost of approximately 5500.
Q CTIW: To request the Board to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners (BCC) to decrease the speed limit on
Vanderbilt Drive from 9t' Street to Bonita Beach Road.
C NS , ERATIUNS: The Traffic Operations Section of the Transportation Engineering
Department, Growth Management Division conducted an engineering and traffic investigation
study to determine the appropriate speed limit along Vanderbilt Drive from 9d` Street of Bonita
Shores to Bonita Beach Road. The study segment is approximately 2900 feet long with a posted
speed of 45 mph.
The BCC, through a Joint Supplemental Interlocal Agreement between Lee and Collier Counties
dated September 8, 1998, agreed to maintain Vanderbilt Drive from Woods Edge Parkway to
Bonita Beach Road.
Florida Statutes require that the change of speed zone values as outlined in Sections 316.183 and
316.189 be based upon an engineering and traffic investigation study. The investigation is to
include, but is not limited to, the measurements of prevailing speeds and other traffic engineering,
evaluations contained in the "Speed Zoning for Highways, Roads and Streets in Florida" manual
TDOT Manual Number 750- 0.010 -002, 1997 Edition). This manual was developed by the Florida.
Department of Transportation to promote uniformity in the establishment of state, municipal and
county speed zones throughout the State of Florida.
Upon completing an engineering and traffic investigation study, Section 316.189 F.S. provides
that the Board of County Commissioners may set speed zones after the investigation determines
such a change is reasonable and in conformity to criteria promulgated by the Florida went
of Transportation.
The completed engineering and t *c investigation study found that a lower speed limit of 40
mph on the designated section of Vanderbilt Drive from 9th Street to Bonita Beach Road is
warranted; and that the change is reasonable and in conformity with the defined criteria. The
Sheriff's Office was contacted regarding the recommendation to change the speed limit and the
Sheriff's Office concurs with the recommendations of the engineering and traffic investigation
study. -
The proposed change in speed limit was presented at the public information meeting for the
Vanderbilt Drive Corridor Improvements Project on January 26, 2012 and at the ,Sheriffs Office
Bonita Shores Community Safety Team meeting of March 20, 2012. Those that provided
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MUM 12 [tee"" .A.1.
comments at the "meetings were in favor of red the speed limit on Vault Drive between
9' Std and Bonita Beach Road.
FI;SCElL l AST: The estimated cost of instRllii g -the 40 mph speed limit signs and removing
the existing ng 45 mph signs will be approximately $500.00 and is bpi with► the Traffic
Operation&budget Fund 101.
L&fi" CQI+Mfi"U=: This item has been reviewed by the .County Attorncc (s Office.,
does not- presesit a legal issue and only requires. a majority vote for Board roval ---Si -T.
GR-QW- I IMPACT: This: action: will result in no growth management
impact.
ATIOAI: That the Board of County Commissioners ae,.the Traffic Speed
Limit Study and adopt the Resolution decreasing the speed limit on.the doh of
Vanderbilt Drive, authorize the Chairman to execute the Resolution, and authorize std to anect
and remove the appropriate traffic control signs.
Prepared By: Dale Bathon, PE, Principal Proje4 Manager, Traffic Engineering Depar#ment,
Growth Management Division- Capital ConstructioO and Maintenance
i
Attachrr nts: (1) Resolution; (2) Speed Limit Studer Report; (3) Joint Supplemental.Ag ement
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1.
3/27/2012 Item 16.A.1.
Item Summary: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from forty -five miles per hour (45 mph) to forty miles per hour (40 mph) on
Vanderbilt Drive (CR 901) from 9th Street to Bonita Beach Road at a cost of approximately
$ 500.
Meeting Date: 10/25/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
8/18/20113:42:58 PM
Submitted by
Title: Project Manager, Principal,Transportation Engineer
Name: BathonDale
8/18/20113:43:00 PM
Approved By
Name: Tara Castillo
Title: Fiscal Technician,Transportation Engineering & Con
Date: 8/18/20114:29:31 PM
Name: BathonDale
Title: Project Manager, Principal,Transportation Engineer
Date: 8/19/2011 2:59:41 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 8/22/2011 1:29:04 PM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
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3/27/2012 Item 16.A.1.
Date: 8/23/2011 7:56:57 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/23/20119:13:08 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 8/23/20114:34:26 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/23/2011 5:28:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/25/2011 8:14:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/4/2011 11:21:23 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/17/2011 8:46:55 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/17/20119:20:28 AM
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3/27/2012 Item 16.A.1.
RESOLUTION NO. 2011 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT DECREASE FROM FORTY -
FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) ON
VANDERBILT DRIVE FROM 9T" STREET TO BONITA BEACH ROAD.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
Commissioners (BCC) to alter established speed limits on roads under its jurisdiction;
and
WHEREAS, the BCC, through a Joint Supplemental Interlocal Agreement
between Lee and Collier Counties dated September B, 1998, agreed to maintain
Vanderbilt Drive from Woods Edge Parkway to Bonita Beach Road and, therefore, the
roadway falls under the jurisdictional maintenance of the BCC; and
WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter
such existing speed limits as may be appropriate upon the basis of an engineering and
traffic investigation; and
WHEREAS, the results of such engineering and traffic investigations determined
that the decreased speed limit is reasonable and safe under the conditions found to
exist and it conforms to criteria promulgated by the Florida Department of
Transportation and Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The BCC does hereby establish a 40 miles per hour (40 mph) speed limit on
Vanderbilt Drive from 9t' Street to Bonita Beach Road and does hereby direct the
County Manager or his designee to erect appropriate speed limit signs giving notice
thereof.
2. A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office
for proper enforcement of the established speed limits for Vanderbilt Drive within the
designated segment.
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3/27/2012 Item 16.A.1.
3. The effective date of the speed limit increase shall be after written notification to
the Sheriffs Office and upon posting of the appropriate signage.
This resolution adopted after motion, second, and majority vote favoring same
this 13th day of September, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
I�
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Fred W. Coyle, Chairman
Approved as to form and legal ufticiency
By: 56-)
Scott R. Teach
Deputy County Attorney
2
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Prepared By:
Eugene Calvert, PE, PTOE
��i�tltt�tl
TRAFFIC OPERATIONS \ti`��
TRANSPORTATION ENGINEERING DEPA „ ceps
GROWTH MANAGEMENT DIVISI("�C�t.•�
COLLIER COUNTY, FLORIDA tom 621
July 28,2011
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Speed Limit Study Report
Vanderbilt Drive (CR 901)
91h Street to Bonita Springs Road
Date: July 28, 2011
BACKGROUND
3/27/2012 Item 16.A.1.
The Traffic Operations Section of the "Transportation Engineering Department, Growth
Management Division has conducted and engineering and traffic investigation study to
determine the appropriate speed limit along Vanderbilt Drive (CR 901) from 91' Street of
Bonita Shores to Bonita Beach Road. The study segment is approximately 2900 feet in
length. This section of roadway is currently posted for a 45 mph speed zone.
Figure 1
Vicinity Map
1
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3/27/2012 Item 16.A.1.
Vanderbilt Drive is functionally classified as a Rural Collector Highway connecting
Vanderbilt Beach Road on the south to Bonita Beach Road in Lee County on the north.
The average daily traffic is 6,697 vehicles per day (ADT). The existing speed limit on
Vanderbilt Drive from Wiggins Pass Road to Bonita Beach Road is 45 mph. This
segment of roadway was identified for evaluation due to the change in character of the
roadway from that of the roadway to the south. The study segment for 9t' Street to
Bonita Beach Road is more urban in character with multiple intersecting streets.
The primary intent in the establishment of a speed zone is to provide improved vehicular
and pedestrian safety by reducing the probability and severity of crashes. An established
speed limit notifies the driver of the maximum and/or minimum speed that is considered
acceptably safe for optimum weather and visibility. It is intended to establish the
standard or speed limit which the normally prudent driver can react more safely to
driving problems encountered on the roadway.
Florida Statutes require that the change of speed zone values as outlined in Sections
316.183 and 316.189 F.S. be based upon an engineering and traffic investigation. This
investigation is in accordance with the "Speed Zoning for Highways, Roads and Streets
in Florida" manual (FDOT Manual Number 750- 010 -002, 1997).
DESIGN CHARACTERISTICS
Vanderbilt Drive south of Bonita Beach Road to 9th Street is a two -lane, two -way
roadway with 11 foot wide travel lanes and 4 foot bike lanes on both sides of the
roadway. The roadway cross section is typically a rural section with no curb and gutter.
The centerline is typically marked with a solid double yellow line and the edge of the
travel way has white edge line markings. The Frank Halas Pathway is located on the
west side of the roadway and is located within 4 feet from the edge of the roadway. The
pathway is heavily used by pedestrians and bicyclist.
Figure 2
Vanderbilt Drive looking north from 9ti' Street
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3/27/2012 Item 16.A.1.
Section 336.045 of the Florida Statutes requires that the "Manual of Uniform Minimum ^
Standards for Design, Construction and Maintenance for Streets and Highways" also
known as the Green Book, be utilized for all public roads in the state unless a
municipality or county has adopted other criteria. Collier County utilizes this manual for
all of the roads in its highway network. The standards within the manual are intended to
provide basic guidance for developing and maintaining a highway system with
reasonable operating characteristics and minimum number of hazards. The manual states
that the safety characteristics of the design should be given primary consideration.
The following table (Table 3 -12) is from the 2007 Florida Green Book.
FLORIDA GREEN BOOK
TABLE 3 -12
MINIMUM WIDTH OF CLEAR ZONE
From face of curb
•• On projects where the 4 foot minimum offset cannot be reasonably obtained and other
aftematives are deemed impractical, the minimum may be reduced to 1 W.
* Use rural for urban facilities when no curb and gutter is present. Measured from the edge of
through travel lane on rural section.
Curb and gutter not to be used on facilities with design speed > 45mph.
Roadside clear zones provide an area outside the traveled way that can be used by drivers
of errant vehicles to regain control of their vehicle and to avoid or reduce the
consequences of a collision with a roadside object. The minimum required width of a
clear zone is dependent upon the type of roadway and its design speed.
Table 3 -12 defines the minimum distance from the travel way to a roadside object such as
a light pole or a tree. Highways without curb and gutter are generally considered to be
rural highways. For rural highways up to 50 mph the minimum offset distance from the
travel way to a fixed object is 18 feet for collectors with an excess of 1500 ADT.
Vanderbilt Drive has a clear zone typically in excess of 24 feet in the study segment.
Based upon the criteria define in Table 3 -12, the clear zone of Vanderbilt Drive is not a
limiting factor the appropriate speed limit.
3
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DESIGN SPEED (MPH)
Type
Of
25 and
30
35
40
45
I
50
55
60 old
Facility
Ab"
MINIMUM CLEAR ZONE (FEET)
tl
0 Local
Q loeai
Q CoWesors
14 Arsonals and
14 Artanals and
18 Annals aM
to Anmm ans
coMdors
Cofactors
Cakeeon
Cofecsers
10 Cdlaeeors
10 Cofactors
N Ano+a s
ADT- 1500
ADT < 1500
ADT < 1300
ADT < 1500
Rural
14 Anena,%
14 Anenas
18 Arsenals and
Cofeerns
1S Ameaals and
Cofectors
N kWtak and
cokelors
30 Mw" and
ADT 2 1500
ADT 21300
ADT 215M
collectors
ADT 2 1604
Urban
/2
4--
4 Y•
4 !•
4
WA w
WA ~ J
WA **
From face of curb
•• On projects where the 4 foot minimum offset cannot be reasonably obtained and other
aftematives are deemed impractical, the minimum may be reduced to 1 W.
* Use rural for urban facilities when no curb and gutter is present. Measured from the edge of
through travel lane on rural section.
Curb and gutter not to be used on facilities with design speed > 45mph.
Roadside clear zones provide an area outside the traveled way that can be used by drivers
of errant vehicles to regain control of their vehicle and to avoid or reduce the
consequences of a collision with a roadside object. The minimum required width of a
clear zone is dependent upon the type of roadway and its design speed.
Table 3 -12 defines the minimum distance from the travel way to a roadside object such as
a light pole or a tree. Highways without curb and gutter are generally considered to be
rural highways. For rural highways up to 50 mph the minimum offset distance from the
travel way to a fixed object is 18 feet for collectors with an excess of 1500 ADT.
Vanderbilt Drive has a clear zone typically in excess of 24 feet in the study segment.
Based upon the criteria define in Table 3 -12, the clear zone of Vanderbilt Drive is not a
limiting factor the appropriate speed limit.
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3/27/2012 Item 16.A.1.
^ CRASH HISTORY
A crash history review of the roadway segment for the past six years (2005 -2010) has
been conducted. The crash rate for this study segment is 1.7 crashes per million vehicle
miles traveled. There were 14 crashes reported for the six year period on the %z mile
study corridor, including 5 rear -ends, 2 left -turns, 1 right angle, 1 side swipe, 2 run -off the
road, and 3 pedestrian / bicycle crashes.
SPEED INVESTIGATION
Florida Statutes require that the change of speed zone values as outlined in Sections
316.183 and 316.189 F.S. be based upon an engineering and traffic investigation. The
investigation is to include, but is not limited to, the measurements of prevailing speeds
and other traffic engineering evaluations contained in the "Speed Zoning for Highways,
Roads and Streets in Florida" manual (FDOT Manual Number 750- 010 -002, 1997
Edition). This manual was developed by the Florida Department of Transportation to
promote uniformity in the establishment of state, municipal and county speed zones
throughout the State of Florida.
Three types of data were utilized in determining the prevailing speed: 85th percentile
speed — the speed which 85% of the motorists drive at or below, the upper limit of the 10-
mph pace and the average test run speed. The reasoning behind the foregoing
investigations is that the majority of drivers travel at reasonably safe speed for the various
roadway conditions encountered, and that these investigations help determine what may
be reasonable speed limits.
A speed study of Vanderbilt Drive was conducted on May 24, 2011 at a location north of
9`h Street and a separate speed study was conducted on July 6, 2011 south of 2nd Street.
The following data were collected:
Location: Vanderbilt Drive — north of 91h Street
85`x' percentile speed: 49.8 mph
10 -mph pace speed: 39.5 mph — 49.5 mph
Field test run speed = 45 mph
Location: Vanderbilt Drive — south of 2 "a Street
85t' percentile speed: 45.4 mph
10 -mph pace speed: 34.5 mph — 44.6 mph
Field test run speed: 45 mph
ANALYSIS
According to the above referenced FDOT speed zoning guidelines, a speed limit should
not typically differ from the 85th percentile speed or upper limit of the l0 -mph pace by
more than 3 mph and it should not be less than 8 mph. A speed limit of 4 to 8 mph less
than the 85" percentile speed shall be supported by a supplemental investigation, which
identifies the following:
4
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3/27/2012 Item 16.A.1.
• There are road or roadside features not readily obvious to the normally prudent n
driver, such as length of section, alignment, roadway width, surface condition,
sight distance, traffic volume, crash experience, maximum comfortable speed in
curves, side friction (roadside development), signal progression, etc.
Within this study segment, there are several intersecting streets that may not be readily
apparent to the unfamiliar driver. This is evident by the relatively high number of rear
end and pedestrian / bicycle crashes as compared to other crashes on the study segment.
Only three of the nine northbound intersections within this study segment have a left turn
lane.
Based on the measured 85`h percentile speed of 49.8 mph on the south end and 45.4 mph
on the north end of the study segment, as well as the 10 -mph pace speed, the guidelines
would normally yield a 45 mph speed limit for this roadway. However, due to the
number of intersections, the side friction and the crash experience, an appropriate speed
limit is 40 mph. A 40 mph speed limit is within the FDOT speed zoning guidelines.
RECOMMENDATION
The study found that a 40 mph speed limit is an appropriate and safe speed for the study
segment of Vanderbilt Drive (CR 901). Therefore, it is recommended to establish the
speed limit on Vanderbilt Drive (CR 901) from 9t' Street to Bonita Beach Road at 40
mph.
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3/27/2012 Item 16.A.1.
JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT
BETWEEN LEE AND COLLIER COUNTIES
REGARDING ROAD MAINTENANCE OF BONITA BEACH ROAD,
VANDERBILT DRIVE AND WOODS EDGE PARKWAY
C IF 1 4i
This Joint Supplemental interloc.al Agreement (Agreement), made and entered into this
day of 1998, by and between Collier County, a political subdivision of
the State of Florida, through the Board of County Commissioners, Collier County, Florida, the
governing body of Collier County and Ex- Officio as the governing body of the Collier County
Water -Sewer District, hereinafter referred to as "Collier, and Lee County, a political
subdivision of the State of Florida; Board of County Commissioners, Lee
County, Florida the
governing body of Lee County, hereinafter referred to as "Lee ".
WITNESSETH:
WHEREAS, Collier County and Lee County, by and through their respective Boards
of County Commissioners, entered into that certain Master Interlocal Agreement between
Collier and Lee Counties dated September 6, 1989 conceming the joint planning, .design,
construction and maintenance of road improvements within a specified boundary area of
Collier County and Lee County; and
WHEREAS, on June 19, 1990, and April 24, 1996, Collier County and Lee County, by
and through their respective Boards of County Commissioners, authorized and entered into
supplemental agreements to the said Master Interlocal Agreement for the preliminary design,
final design, environmental permitting, right -of -way acquisition stages and construction
relating to the four - laning improvements to Bonita Beach Road; and
WHEREAS, Collier and Lee Counties have generally recognized the public need to
proceed with maintaining the road segments that are within the transportation boundary
BO WTAJSA
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3/27/2012 Item 16.A.1.
F�
i
specified.in the Master Interlocal Agreement, and
WHEREAS, both Boards of County Commissioners expressed support for a road
maintenance agreement for facilities along the county line.
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, and in further
consideration of the mutual covenants hereinafter contained, it is agreed by the parties as
follows:
1. Lee County agrees to maintain Bonita Beach Road four lane section, including
the Vanderbilt Drive intersection, from Hickory Boulevard to Vanderbilt Drive.
2. Collier County agrees to maintain Vanderbilt Drive from Woods Edge Parkway
to Bonita Beach Road. Collier County also agrees to maintain Woods Edge Parkway from
Vanderbilt Drive to U.S. 41_ Collier County's maintenance.obUgation shall not commence until
Woods Edge Parkway is dedicated to Collier County and Lee County and accepted by Collier
County and Lee County as a public roadway. Collier County's acceptance of the roadway
shall be contingent upon the following items:
a) Collier County shall inspect Woods Edge Parkway for conformance,
with the Collier County Land Development Code. If the existing
condition of the road deviates or varies from the Collier County Land
Development Code, then the Collier County Board of County
Commissioners must approve the deviation or variance;
b) An independent professional engineer shall review and certify to Collier
County and Lee County that the construction of Woods Edge Parkway
meets or exceeds the minimum design standards; and,
2
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3/27/2012 Item 16.A.1.
C) The owner of the Woods .Edge Parkway who dedicates the roadway to
Collier County and Lee County shall post a minimum one (1) year
maintenance bond in the amount of ten (10 %) percent of the estimated
construction cost of the roadway.
3. Each jurisdiction agrees to allow the appropriate entity to maintain the road
segments addressed above.
4. Lee County and Collier County staff will provide the maintenance level,
applicable to the maintenance standards currently used in the respective counties. The
maintenance activities are generally described as follows: street sweeping;`shoulder, curb and
gutter maintenance as required; pavement repairs; traffic sign, pavement marking and traffic
signal operation and maintenance; bridge repair and maintenance; median landscaping;
median and roadside mowing; cleaning of drainage pipes, catch basins and drop inlets as
required; sidewalk maintenance and repair, repair, replacement, reconstruction and similar
activities resulting from damage caused by accidents or natural disasters; and all other
aspects of transportation facility maintenance.
S. The parties hereto recognize and agree that each county shall continue to
retain the ability to control access unto the rights -of -way within their own respective
jurisdiction. Each County will apply its own rules and procedures relating to access of right -cf-
ways upon its own road segments and land development reviews and approvals.
6. The parties hereto recognize and agree that either county has the ability to
affect the progress of the road maintenance activities by the commitment of road
maintenance activities funds. Should either Lee County or Collier County be unable to budget
required maintenance funds during any fiscal year, the other county retains the right to
SONfrA.JSA
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3/27/2012 Item 16.A.1.
proceed with appropriate maintenance activities on the condition that necessary funding is
reestablished the ensuing fiscal year. This Joint Supplemental Interlocal Agreement is solely
for the maintenance of the three road segments stated heretofore. Collier County shall own,
control, maintain and be responsible for all Collier utility facilities. Collier County agrees that
it will maintain and keep in repair or cause to be maintained and kept in repair, all of such
constructed utilities within the right -of -way of Bonita Beach Road, and comply with all
provisions of applicable law. Lee County shall not disturb or damage the Collier County utility
facilities.
7. Lee County agrees to promptly notify Collier County in writing of any
maintenance problems, questions, issues, emergencies, traffic accidents or other events
concerning the maintenance and operation of Bonita Beach Road. Collier County shall notify
Lee County of the same or similar items during the maintenance of Vanderbilt Drive and n
Woods Edge Parkway.
8. Within sixty (60) days of the execution of this Agreement, Lee County at its
cost, shall distribute to the local newspapers and media a press release containing
information advising the public that Lee County is the maintaining agency of Bonita Beach
Road. Lee County further agrees to notify in writing the public emergency offices of Lee
County's maintenance responsibility.
9. The parties shall retain their respective responsibilities for review of right -of -way
Permits for the highway corridor and shall process such permits in a cooperative and
expeditious manner.
10. Lee County and Collier County agree to equally (50 %/50 %) share in the
permitting, design and construction costs for the four laning improvements of Vanderbilt Drive
SONITA,JSA 4
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3/27/2012 Item 16.A.1.
within Lee County. The parties agree to enter into a separate interlocal agreement which
shall set forth the obligations conceming the (our laning of Vanderbilt Drive.
11. The maintenance responsibilities of Lee County as set forth herein shall not
impact and /or degrade the mission or maintenance of abutting local streets ,which are
maintained by Collier County
12 To the extent permitted by law and as 'limited by Section 768.28, Florida
Statutes, Lee County shall indemnify and save Collier County harmless from any and all
claims, liabilities, Icsses and causes of action arising out of any act, error, omission or
negligence of Lee County, its contractor or its agents or representatives arising from or
Incident to the Lee County duties and responsibilities under this Agreement. Provided,
however, Lee County shall not be responsible for any and all claims, liabilities, losses and
causes of action arising out of any act, error, omission or negligence of Collier County, its
contractor or its agents or representatives.
To the extent permitted by and as limited ny Secticn 768.28, Florida Statutes,
Collier County shall indemnity acid save Lea County harmless from any and all claims,
liabilities, losses and cailses of action arising out of any act, error, omission or negligence of
Collier County, its contractor or its agents or representatives arising from o; incident to the
Collier County duties and responsibilities under this Agreement. Provided, however, Collier
County shall not be responsible for any and all claims, iiaNlities, losses and causes of action
arising out of any act, error, omission or negligence of Lee County, its contractor or its agents
or representatives_
13. This agreement constitutes the entire understanding betw.een the parties, and
any previous Agreements, whether written or oral, steal' be superseded by this Agreement.
BONr7A.JSA 5
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ATTEST:
CHARLIE GREEN, CLERK
D
epeity Clerk'
BOARr� OF COUNTY COMMISSIONERS
0;=,`M=— COUNTY, FLORIDA
n
APPROVED AS TO FORM
By:
Lee Co67 fy Attorney's Office
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3/27/2012 Item 16.A.1.
r
14. This Agreement may be amended only upon the concurrence of both parties
and executed with the same formalities
as this original Agreement.
IN WITNESS WHEREOF,
the parties hereto have caused these presents to be
executed by their duly authorized officers and their of,icial seals hereto affixed, the day and
year first above written.
ATTEST:
BOARD OF COUNTY COMMISS•l0'NERS
COLLIER COUNTY CLERK
OF COLLIER COUNTY, FLORIDA; AS THE
OF COURTS
GOVERNING BODY OF CE3LLIER COUNTY =
AND EX- OFFICIO AS THE GtVERNING
BODY OF THE COLLIER COfJNTY
`
WATER -SEWER DISTRICT Z7
Qeputy. -Clerk
CI-lain;an
At' =�fi
atai E-,.-'O it
"
APPROVED AS TOE FORM
_ .
� f!
By: A�
Collier County Attorney's Office
ATTEST:
CHARLIE GREEN, CLERK
D
epeity Clerk'
BOARr� OF COUNTY COMMISSIONERS
0;=,`M=— COUNTY, FLORIDA
n
APPROVED AS TO FORM
By:
Lee Co67 fy Attorney's Office
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3/27/2012 Item 16.A.1.
JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT"
BETWEEN LEE AND COLLIER COUNTIES
REGARDING LANDSCAPE MAINTENANCE OF BONITA BEACH ROAD
This Joint Supplemental Interlocal Agreement (Agreement), made and entered into
� '
this day of �,- 19_� by and between Collier County, a political
subdivision of the State o Florida, hereinafter referred to as "Collier" and Lee
County, a
political subdivision of the State of Florida, hereinafter referred to as "Lee ".
WITNESSETH:
WHEREAS, Collier County and Lee County, by and through their respective Boards
of County Commissioners, entered into that certain Master Interlocal Agreement between
Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design,
construction and maintenance of road improvements within a specified boundary area of
Collier County and Lee County; and
WHEREAS, on June 19, 1990 and April 23, 1996 Collier County and Lee County,
by and through their respective Boards of County Commissioners, entered into
supplemental agreements to the said Master Interlocal Agreement for the four- laning
improvements to Bonita Beach Road; and
WHEREAS, Collier and Lee Counties have generally recognized the public need
to proceed with maintaining the landscape of Bonita Beach road; and
WHEREAS, both Boards or County Commissioners expressed support for a road
landscape maintenance agreement along the county fine.
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, and in further
HoMT.mm
Packet Page -443-
3/27/2012 Item 16.A.1.
consideration of the mutual covenants hereinafter contained, it is agreed by the parties as
follows:
�• Lee County agrees to perpetually manage and maintain the, median
landscaping on Bonita Beach Road from Hickory Boulevard to Vanderbilt Drive, pursuant
to the plans prepared by Lee County Department of Transportation dated June 23, 1997
as they may be amended from time to time by the mutual consent of the parties. This
Agreement shall be reviewed in ten years for new cost estimates. This Agreement shall
terminate it an alternative funding source, such as an MSBU, is implemented by both LEE
and COLLIER.
2. Collier County and Lee County agree to equally fund the actual maintenance
cost estimated at $70,000.00 per year for Bonita Beach Road_ Collier County will'pay Lee
County for the maintenance cost by the 31st of October of each year for the fiscal ear
Y
beginning the preceding 1st of October. Any year in which expenditures do not reach the
estimated maintenance cost shall be continued over to the next fiscal y ear. if it appears
that during the course of this Maintenance Agreement that the amount of funds are
insufncient to cover the yearly costs, COLLIER will, at LEE'S written request, provide the
necessary additional funds within thirty (30) days of said written notification.
COLLIER
staff shall be authorized to provide the necessary additional funds up to twenty-five.
r
percent (25 %) of the annual maintenance fee. The parties agree that any additional
amount above the twenty -five percent (25 %) must be taken to the COLLIER Board of
County Commissioner's for its approval. For purposes of this Agreement, the term
"maintenance" shall- include, but not be limited to, maintaining the landscaping 9 i n a
Packet Page -444-
3/27/2012 Item 16.A.1. -
vigorous healthy state of growth and provide replacement plants and irrigation components
in the event of accidents, inclement weather, etc.
3• Theiparties hereto recognize and agree that either county has the ability to
affect the progress of the project by the commitment of project funds. Should either Lee`
County or Collier County be unable to fund its fair share, the other county retains the right
to proceed with the project with or without a joint supplemental agreement. This Joint
Supplemental Interiocal Agreement is solely for the landscape maintenance of the Bonita
Beach road segment. Maintenance responsibilities of the roadway and appurtenances
shall be addressed by a subsequent agreement. Collier shall own, control, maintain and
be responsible for all Collier utility facilities.
4. Each year LEE shall at the earliest date practicable furnish COLLIER with
two (2) copies of its final and complete billing for all costs incurred in conjunction with the
work P,erformed hereunder. Sufficient reference shall be made in the billing to LEE
records, accounts or other relevant documents. All cost records and accounts shall be
subject to audit by representative(s) of either LEE or COLLIER, at their election.
5. Upon completion of the landscape work, COLLIER agrees that it will maintain
and keep in repair, or cause to be maintained and kept in repair, all of its facilities or
utilities within the right -of way of Bonita Beach Road. Any damage to the I'andscape shall
be restored by COLLIER's contractor or permittee's obtained by COLLIER to the same or
better condition of what is then being maintained in the area.
6. Neither County shall be responsible for any and all claims, liabilities, losses j
and causes of action arising out of any act, error, omission or negligence of the other
Packet Page -445-
County, its contractor or its agents or representatives.
3/27/2012 Item 16.A.1.
. This Agreement constitutes the entire understanding between the parties,
and any previous Agreements, whether written or oral, shall be superseded by this
Agreement.
8. This Agreement may be amended only upon the concurrence of both parties
and executed with the same formalities as this original Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers and their official seals hereto affixed, the day
and year first above written.,
' ATTEST:
"COLLIER COUNTY CLERK
OF COURTS .
. 6eputy Cle
ATTEST.
CHARLIE GREEN,.CLERK
r /GF7, r 0
Gep�y CIer�C /
eo�3�
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv-
Cnairman�
APPROVED AS TO FORM
Office of the County Attorney
BOARD OF COUNTY COMMISSIONERS
Or
M
APPROVED S TO FORM
By:�f
Lee Cg:�H�ity Attorney's Office
Packet Page -446-
3/27/2012 Item 16.A.1.
0U�11 1,Y
02F;'^9 9 P 9 :32
OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
TO: Edward J. Kant, Transportation Operations Director
FROM: Heidi F. Ashton, Assistant County Attorney �(
DATE: February 27, 2002
RE: Diamond Ridge DRI
Woods Edge Parkway - Completion of Sidewalks
Attached for your information and perusal is a copy of a letter from Bonita Springs City
Attorney Audrey E. Vance to Charlie Maurer, Development Associates of Bonita Springs
regarding the above - captioned subject.
Please review this letter and advise me of the appropriate Transportation staff to address
the operation and maintenance of Woods Edge Parkway.
Thank you for your assistance.
HFA/g
Attachment
cc: David C. Weigel, County Attorney
Norman E. Feder, Administrator, Transportation Division
h:HFA\Memos2002 \Feder- DiamondRidge
Packet Page -447-
City of
Bonita prings
9220BONITA BEAca RoAo
SUITE I I 1
BONITA SPRINGS, FL 34135
TEL: (941) 390 -1000
FAX: (941) 390 -1004
Paul D. Pass .
Mayor
Wayne P. Edsall
Councilman
District One
Jay Arend
Councilman
District Two
R. Robert Wagner
Councilman
District Three
3/27/2012 Item 16.A.1.
l� r~
l
February 21, 2002
Mr. Charles Maurer
Development Associates of Bonita Springs, Inc.
P. O. Box 366069
Bonita Springs, Florida 34136
3
s
C_n
t-
RE: Diamond Ridge DRI
Completion of Sidewalks
Dear Charlie:
District Four
C
This letter is being prepared to memorialize the understanding
between the City of Bonita Springs and yourself, on behalf of your
client, Mr. Carmen Spinella, president of Guardian Development
Corporation. Guardian Development is the current owner of Diamond
Ridge DRI f /k/a Woods Edge Parkway. They have retained you and
Ms. Montgomery for purposes of completing this development owned
by Guardian Development.
As explained, Woods Edge Parkway was constructed under a
separate development order. While the road was substantially
constructed, items on the April 7, 1997 inspections punch list were
never completed. These items are as follows:
1. The 8 -foot sidewalk is not constructed.
John C. WarBeld
2. Some of the pavement markings- are almost completely
Councilman
worn off, and should be redone. The pavement
District Four
markings appear to be ., painted; they should( be
David T. Piper, Jr.
thermoplastic.
Councilman
District Five
3• The "stop ahead" sign (W3 -1A) on the north side of the
road is not installed.
Ben L. Nelson, Jr.
Councilman
District six
4. The A/G delineators at the median opening are not
installed.
Gary A. Price '
5. On Vanderbilt Road, northbound, one of the right lines
"
City Manager
must turn right" (R3 -7R) sign is not installed.
Audrey E. Vance I
As we discussed, the City of Bonita Springs will complete the
City Attorney
punch list items, including construction of the sidewalk, contingent
upon the following:
UAGIty Attomey \Letters\2002 L Packet Page -448 - ' 'idge DRI completion of Sidewalks.doc
n
3/27/2012 Item 16.A.1.
Charlie Maurer
Development Associates of Bonita Springs, Inc.
February 21, 2002
Page 2
RE: DIAMOND RIDGE DRI
COMPLETION OF SIDEWALKS
1. Vanderbilt Lakes 11 Homeowner's Association and Guardian
Development will each dedicate the necessary right -of -way
to the applicable public entity accepting road jurisdiction
maintenance obligations of Woods Edge Parkway (Lee
Country, Bonita Springs, or Collier County) so that the City
can construct the job.
2. Both Vanderbilt Lakes It Homeowner's Association and
Guardian Development will sign a release of all road impact
fee credits obligations by all three governmental
jurisdictions. This release will include an indemnification .
clause where Vanderbilt Lakes 11 Homeowner's Association"
and Guardian Development indemnifies the City of Bonita
Springs and each .respective county for any action for
impact fee credits by any previous owners in the line of
succession of owner of Diamond Ridge DRI f /k/a Woods
Edge Parkway DRI.
3. Both Lee County and Collier County, in conjunction with the
City of Bonita Springs, will enter • into an interlocal
agreement to encompass the operational and maintenance
obligations and jurisdiction of Woods..Edge Parkway, with its
accompanying sic,,ewalk.
If this letter does not conform to our discussion, please advise
me immediately, so that we may proceed with a different course of
action. If this letter does conform to our discussion, please sign that
you conceptually agree to the terms above, so that we may proceed
with further direction to follow this course of action.
By copy of this letter to the Lee and Collier County Attorney's
office, I am advising them of our discussions and a potential way to
conclude this matter. I am also requesting that they advise of any
potential objections at this venture.
UACity Attomey\Letters12002 l Packet Page -449- Ridge DRI Completion of Sidewalks.doc
Charlie Maurer
Maurer
Development Associates of Bonita Springs, Inc.
February 21, 2002
Page 3
RE: DIAMOND RIDGE DRI
COMPLETION OF SIDEWALKS
me.
3/27/2012 Item 16.A.1.
If I can be of any assistance, please do not hesitate to contact
Sin �elyyours-
/idrefyE. Vance
City Attorney
I AGREE TO THE CONCEPTUAL TERMS OUTLINED IN THIS LETTER "
Charlie Maurer Date
Development Associates of Bonita Springs, Inc
AEV /dfg .
cc: Mayor Paul Pass and City Council
Gary A. Price, City Manager
-Dianne Lynn, City Clerk
Mary Gibbs, Director, Community-Development
Daryl Walk, P.E., Public Works Manager
Scott Gilbertson, P.E., Director, DOT
Neale Montgomery, Esquire
R&P Property Management, Agent for Vanderbilt Lakes II HOA
Heidi Ashton, Assistant County Attorney, Collier County
David M. Owen, Chief Assistant County Attorney, Lee County
Timothy Jones, Chief Assistant County Attorney, Lee County
UAClty Attomey\Letters12002 Packet Page -450- Ridge DR[ Completion of Sidewalks.doc