Agenda 07/26/2011 Item #10A7/26/2011 Item 10.A.
EXECUTIVE SUMMARY
Recommendation to execute the attached Transportation Regional Incentive Program
(TRIP) Agreement between the Florida Department of Transportation (FDOT) and Collier
County to provide funding in the amount of $1,400,000 in FDOT Fiscal Year 2011/12 for
the construction of the Primary Collier Area Transit (CAT) Intermodal Transfer facility at
the Government Center; to approve a resolution authorizing the Chairman of the Board of
County Commissioners (BCC) to sign the agreement; to approve the required budget
amendments; and to endorse the project for bidding purposes.
OBJECTIVE: To obtain Board approval to execute the attached Transportation Regional
Incentive Program (TRIP) Agreement between the Florida Department of Transportation
(FDOT) and Collier County for the construction of ground floor passenger service areas for the
Primary Collier Area Transit (CAT) Intermodal Transfer Facility at the Government Center;
approval of a resolution authorizing the Chairman of the BCC to sign the agreement, any
assurances, warranties, certifications and any other documents which may be required in
connection with this agreement: approval of the required budget amendments: and, approval of
the project concept for bidding purposes with the modified second level and optional areas bid as
an alternate for future Board approval if they are to be included in the construction contract.
CONSIDERATIONS: On August 1, 2007, CAT moved the passenger transfer activities to a
parking lot in the Collier County Government Center campus next to the Museum, after being
asked to relocate by Lorenzo Walker Institute of Technology due to their future campus
expansion. It was recognized that this location was temporary. as well. and no permanent
facilities were constructed on the site.
Prior to the selection of a permanent site, CAT and Facilities Department staff evaluated the
available properties that would be appropriate for a transfer facility. Attention was given to site
accessibility, proximity to a traffic light. conflicts that may arise from interaction with other
activities, the ability to accommodate the bus turning radius. and the minimum land and square
footage requirements.
The location of the transfer facility on the Government Center campus was preferred due to the
campus being a destination for many of the riders. Locating the transfer center within the
Government Center campus also provides Collier County needed credits to offset transportation
commitments as required in the Development of Regional Impact (DRI). Additionally, the
County minimizes its fiscal impact by using land already owned by the County.
On April 8. 2008, the BCC approved a resolution designating a 1.2 acre parcel of land, within the
Collier County Government Center campus, for the construction of the primary intermodal
transit passenger transfer facility. Upon designation of this site for the 'Transfer Facility, the
BCC identified the completion of the transfer facility as a task on the County Manager's Action
Plan.
Staff began pursuing grant funds to accomplish this task as directed by the BCC. In April 2008,
the Joint Lee /Collier MPO's prioritized the CAT Intermodal Transfer Facility for Transportation
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Regional Incentive Program (TRIP) funding. However, at the time the project was prioritized
there was no TRIP funding available. In May, 2009, FDOT awarded an Intermodal Grant in the
amount of $1,300,000 for planning, design, site development, and construction expenses related
to the CAT Intermodal Transfer Center. The Intermodal Grant required a 50% match. The BCC
entered into a Joint Participating Agreement with FDOT to commit the match for this grant
which was comprised of $1.019.000 in land value and $281,000 of in kind (staff) services. It
was acknowledged that the Intenmodal Grant alone would not be sufficient funding to complete
construction of the project. It was determined that the Intermodal grant would be utilized to
initiate design of the project and to obtain permits necessary to accomplish the project as other
grant funding was pursued.
In February 2010, the BCC approved a contract with Post, Buckley, Schuh. & Jernigan. Inc.
(now known as Atkins, Inc.) to design the transfer station that met the following objectives:
• The development of the plan should deal with the interrelationship between the Transfer
Station facility and the flow of pedestrian and bus traffic in the context of the
Government Complex and surrounding area.
• The project should be primarily catered to the customer, the bus rider, and shall be highly
responsive to their needs, comfort and safety.
• All aspects of this project will radiate efficiency, sustainability. and social and
environmental responsibility, resulting in an environmentally sensitive and high
performing building that achieves the highest level of the Leadership in Energy and
Environmental Design (LEED) Certification possible given financial constraints.
The design team has been working with Staff for over a year and has received FDOT
concurrence with the design of the project. Preliminary estimates for the project confirmed that
the remaining Intermodal grant funds already committed to the project would not be sufficient to
complete the project.
In October 2010, the FDOT advised the County that TRIP funding in the amount of $1,400.000
was available and would be allocated in FDOT's five -year work program for the State FY
2011/12 for the construction of the CAT Intermodal Transfer Facility. In order to secure and
utilize the funding Collier County must enter into an Agreement with FDOT and commit to the
required 50% match which is being provided from Gas Tax Fund 313. By entering into this
Agreement the County would have sufficient funding to complete construction of the needed
transfer facility. The facility will provide a customer service center and permanent shelter for
riders. This will make the system more efficient and support increased ridership.
The construction cost for the project is estimated at $4.005.419 and design and permitting is
estimated to be $335,495. In addition, the contribution for land. inkind services, and parking
spaces used /freed up is $1.716.000. The cost per square foot for construction of the project is
approximately $205.00. On average, construction cost for Collier County facilities is
approximately $350.00 per square foot.
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During a presentation on the status of this project to the Metropolitan Planning Organization
(MPO) Board staff was asked to provide information on alternative sites for the construction of
this Transfer Facility'. The evaluation completed by staff is attached to this executive summary
as Exhibit 'A ". The evaluation shows that the site designated by the BCC is the most
appropriate site for a variety of factors and effectively leverages the discretionary State funding.
Staff has met with FDOT and has been advised that the Intermodal grant funding cannot be used
at any other location. The agreement signed by both Collier County and FDOT is specific to the
location at the Government Center. In addition. the project was evaluated for TRIP funding
based on the Government Center location. Changing the location would require that the project
be re- evaluated based on the TRIP criteria. There is a risk that the project may have a different
score and could fall to a lower priority. A lengthy environmental study will be required for all off
campus locations. There is no guarantee that the project would still receive TRIP funding. In
summary, staff believes that this location is the preferred site and changing the location at this
time will delay the availability of funding and may cause a loss of Intenmodal funding and /or
TRIP funding.
Additionally, staff was asked to conduct a count of passengers currently utilizing the transfer
center. A summary of counts taken over a one week period is attached as Exhibit B. The count
showed that an average of 783 people visit the transfer center each day.
Finally, staff was asked to ensure that the design complied with County space requirements and
that it considered alternatives to minimize costs. As identified above, the design team was
tasked with designing a facility that complies with County space requirements and results in a
high performing building that achieves the highest level possible of the Leadership in Energy and
Environmental Design (LEED) Certification given financial constraints. The project. as
designed, is on target to receive LEED Gold certification and considers alternatives to minimize
cost while complying with safety codes. In order to ensure that the facility would be built with
the funding available, the consultant was preparing a bid package that would include a base bid
and several bid alternates for different grades of fixtures and finishes (commercial vs. residential
grades). As an alternative, staff is recommending bidding the base facility (ground floor) with
commercial grade fixtures and bidding the second floor structure as an alternate that would be
constructed only if the bids received are favorable and the Board decides to subsequently include
it in the construction contract. The award of this project will be brought to the BCC after the
bids are received for the first floor base bid construction and depending on the bid for the second
floor as a bid alternate.. the Board will be asked for final guidance on whether the second floor
should be included in the construction contract.
The Transfer Station is currently in the final design /permitting phase and is expected to be
advertised for bid by September 2011. Completion of construction is currently scheduled for
December 31, 2012.
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7/26/2011 Item 10.A.
FISCAL IMPACT: Budget amendments are required to recognize funds in the amount of
$1,400,000 in the CAT Grant Fund 424. Project No. 33166. and to transfer $1.400,000 from Gas
Tax Fund 313, Project No. 60171 to CAT Match fund 425, Project No. 33166. if the Board
decides not to proceed with the second floor bid alternate. the portion of unused -rant funds
would be forgone and the local match placed back in Gas Tax fund reserves.
The fiscal impact of choosing a different location could result in forfeiture of the FDOT
Intermodal Grant Program which will generate $1.300.000 in grantor revenues. In addition.. the
engineering and desi -n fees of approximate]\, $273,400 incurred to date through June 30, 2011
would no longer be eligible for reimbursement and would need to be paid from a local funding
source.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman of the Board of Countv
Commissioners to sign the TRIP Agreement, any assurances, warranties, certifications and any
other documents that may be required in connection with this agreement; to approve the attached
Resolution authorizing the Chairman to sign the Agreement on behalf of the Board; approve the
required budget amendments; and, to endorse the project for bidding purposes with a first floor
base bid and a bid alternate for the second floor for consideration by the Board before the
contract is awarded.
Prepared By: Brandy Otero. Associate Project Manager. Alternative Transportation Modes Dept.
Attachment: 1) FDOT TRIP Agreement; 2) Resolution; 3) Exhibit A – Alternative Site Analysis
and Location Map: 4) Exhibit B – Passenger Counts: 5) PowerPoint Presentation
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7/26/2011 Item 10.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A.
Item Summary: Recommendation to execute the attached Transportation Regional
Incentive Program (TRIP) Agreement between the Florida Department of Transportation (FDOT)
and Collier County to provide funding in the amount of $1,400,000 in FDOT Fiscal Year 2011/12
for the construction of the Primary Collier Area Transit (CAT) Intermodal Transfer facility at the
Government Center; to approve a resolution authorizing the Chairman of the Board of County
Commissioners (BCC) to sign the agreement; to approve the required budget amendments; and
to endorse the project for bidding purposes. (Michelle Arnold, Director, Alternative
Transportation Modes, Growth Management Division /Construction & Maintenance)
Meeting Date: 7/26/2011
Prepared By
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineering B Construction Management
6/g/2011 2:12:49 PM
Submitted by
Title: Project Manager, Associate,Transportation Engineering & Construction Management
Name: OteroBrandv
6/8/2011 2:12:50 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analvst.Transportation Administr
Date: 6/8/2011 3:43:20 PM
Name: OberrathKaren
Date: 6/9/2011 7:55:27 AM
Name: BetancurNatali
Title: Executive Secretary.Transportation Engineering & Construction Management
Date: 7/5/2011 8:59:03 AM
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7/26/2011 Item 1O.A.
Name: CarterGlama
Title: Manager - Public Transit,Altemative Transportation Modes
Date: 7/11 /2011 10:28:02 AM
Name: BetancurNatali
Title: Executive SecretaryTransponation Engineering & C
Date: 7/11/2011 1:49:59 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 7 /11/2011 1:58:24 PM
Name: AmoldMichelle
Title: Director - Alt Transportation Modes.Alternative Tr
Date: 7/11/2011 2:20:04 PM
Name: Marcellaleanne
Title: Executive Secretary.Transportation Planning
Date: 7 /11/2011 4:34:32 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 7 /11/2011 4:58:58 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7 /12/2011 12:16:31 PM
Name: Pricel-en
Title: Administrator - Administrative Services.
Date: 7/12 /2011 5:24:54 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 7/13/2011 10:41:55 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/13/2011 2:51:05 PM
Name: StanleyTherese
Title: ManagementBudget Analyst. Senior,Office of Management & Budget
Date: 7/18/2011 11:36:13 AM
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Name: Klatzkow.leff
Title: County Attorney,
Date: 7/18/2011 4:11:29 PM
7/26/2011 Item 1O.A.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs.CMO
Date: 7/19/2011 9:56:08 AM
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7/26/2011 Item 10.A.
RESOLUTION 2011-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE
TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO
THE CONSTRUCTION EXPENSES FOR THE COLLIER AREA TRANSIT (CAT)
INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE COLLIER
COUNTY GOVERNMENT CENTER AND AUTHORIZING THE CHAIRMAN TO
SIGN THAT AGREEMENT AT THE JULY 26, 2011, MEETING.
WHEREAS, at the July 26, 2011, meeting of the Board of County Commissioners the
Board approved a Transportation Regional Incentive Program (TRIP) Agreement with the
Florida Department of Transportation pertaining to the construction expenses for the Collier
Area Transit (CAT) Intermodai Transfer Facility to be located at the Collier County Government
Center (Financial Project No. 429815- 1- 94 -01) and authorized the Board of County
Commissioners, through its Chairman, to enter into the TRIP Agreement with the Florida
Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On July 26, 2011, the Board of County Commissioners approved by majority vote the
Agreement (Financial Project No, 429815-1-94-01) and authorized its chairman, Fred W. Coyle,
to enter into that agreement with FDOT.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
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This Resolution is hereby adopted after motion, second and majority vote this 26th day of
July 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
M
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
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CSFA No. 55.026
FINANCIAL PROJECT NO.: 429815- 1 -94 -01
Collier COUNTY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and Collier County
Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred to as the "COUNTY."
WITNESSETH
1. WHEREAS, the DEPARTMENT has the authority, under Fla. Stat. §334.044, to enter into
this Agreement; and
2. WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat.
§339.2819 to provide funds to improve regionally significant transportation facilities in
"regional transportation areas" pursuant to Fla. Stat. §339.155 (5); and
3. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of Fla Stat. §339.2819; and
4. WHEREAS, the Lee and Collier Metropolitan Planning Organizations, acting as a designated
regional partnership under Fla. Stat §339.155 (5)(c) and formed by an interlocal agreement,
designated the Collier Area Transit Intermodal Transfer Station as a regional facility. This
action was taken during a joint meeting between the organizations in which TRIP eligible
projects were prioritized and approved. The meeting agenda and minutes are attached to this
Agreement under EXHIBIT "D ", attachment 1.
5. WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial
assistance under Financial Project No. 429815- 1 -94 -01 hereinafter referred to as the
"PROJECT," in accordance with Fla. Stat. §339.2819; and
6. WIiBREAS, the COUNTY by Resolution No. dated the _ day of
2011, a copy of which 'is attached hereto and made a part hereof, has authorized the
Chairman of its Board of Commissioners or designee to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
1. SERVICES AND PERFORMANCE
A) The PROJECT consists of construction and other capital expenses of a new Collier Area
Transit Intermodal Transfer Station located at the Collier County Government Center
Courthouse Annex Parking Garage as further described in Exhibit "A" (Scope of
Services) attached hereto and made a part hereof.
B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with
all applicable, federal, state and local statutes, rules and regulations, and standards. The
COUNTY shall be responsible for obtaining clearances/permits required for the
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construction of the PROJECT from the appropriate permitting authorities. Upon
completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the
PROJECT has been completed in accordance with the applicable standards, statutes, rules
and regulations in writing.
C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the
status of work being done by the COUNTY and of the details thereof. Coordination shall
be maintained by the COUNTY with representatives of the DEPARTMENT. The
COUNTY shall provide the DEPARTMENT with quarterly progress reports.
D) The COUNTY shall utilize the U.S. Department of Homeland Security's E -Verify
system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of all persons employed by the COUNTY during the term of the
Contract to perform employment duties within Florida and all persons, contractors,
including subcontractors, assigned by the COUNTY to perform work pursuant to the
contract with the Department.
E) The COUNTY shall not sublet, assign or transfer any work under this Agreement
without prior written consent of the DEPARTMENT,
F) All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT: TO COUNTY:
Florida Department of Transportation Collier County Government
Attn: Julia B. Davis, AICP, Project Coordinator Attn: Brandy Otero, Project Mgr.
2981 Northeast Pine Island Road 2885 South Horseshoe Drive
Fort Myers, Florida 33909 Naples, Florida 34104
2. TERM
A) The COUNTY shall perform the PROJECT activities in accordance with the following
schedule:
(1) Design to be completed on or before October 1, 2011.
(2) Construction contract to be let on or before January 31, 2012.
(3) Construction to be completed on or before December 31, 2013.
3) This Agreement shall not be renewed. Any extension shall be in writing and executed by
both parties, and shall be subject to the same terms and conditions set forth in this
Agreement and contingent upon the DEPARTMENT'S District Secretary's or
Designee's Approval,
3. COMPENSATION AND PAYMENT
A) The COUNTY and the DEPARTMENT agree to share the cost of this project Financial
Project No. 429815- 1- 94 -01. The COUNTY agrees to provide one -half (1/2) of the
match for PROJECT expenditures and the DEPARTMENT agrees to provide the other
one -half (1/2) pursuant to Fla. Stat. §339.2819 and as further described in Exhibit "C"
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attached hereto and made a part hereof.
B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for
this PROJECT is $2,800.000.00 (Two Million Eight Hundred Thousand DoIlars). The
estimated COUNTY share for the match of the TRIP funded portion of the PROJECT is
$1,400,000.00 (One Million Four Hundred Thousand Dollars). The estimated
DEPARTMENT share for the TRIP funded portion of the PROJECT is $1,400,000.00
(One Million Four Hundred Thousand Dollars) which is the maximum participation by
the DEPARTMENT for this Agreement. The parties further agree all remaining costs of
the PROJECT will be borne by the COUNTY.
i) In the event the COUNTY proceeds with the construction of the PROJECT with its
own forces, the COUNTY will only be reimbursed for direct costs (this excludes
general and administrative overhead).
ii) All costs charged to the PROJECT shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of the charges.
C) Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the DEPARTMENT under Section 334.044 (29),
Florida Statutes.
D) If this Agreement involves traits of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
E) The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an
Annual appropriation by the Legislature.
F) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post- audit.
G) Travel costs will not be reimbursed.
H) The COUNTY shall submit quarterly invoices (3 copies), plus supporting documentation
required by the DEPARTMENT. Payment shall be made to the COUNTY upon review
and approval by the DEPARTMENT.
I) Participants providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has (5) five working days to
inspect and approve the goods and services. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are
measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the
invoice amount, to the Participant. Interest penalties of less than one (1) dollar will not
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be enforced unless the Participant requests payment. Invoices that have to be returned to
a Participant because of Participant preparation errors will result in a delay in the
payment The invoice payment requirements do not start until a properly completed
invoice is provided to the Department.
J) A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for contractors /vendors who
may be experiencing problems in obtaining timely payments(s) from the state. The
Vendor Ombudsman may be contacted at (850) 413 -5516.
K) Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the DEPARTMENT at all times during the period of this
Agreement and for five years after final payment is made. Copies of these documents
and records shall be, furnished to the DEPARTMENT upon request. Records of costs
incurred includes the COUNTY's general accounting records and the project records,
together with supporting documents and records of the COUNTY and all subcontractors
performing work on the project, and all other records of the COUNTY and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs.
L) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The DEPARTMENT shall require a statement
from the Comptroller of the DEPARTMENT that funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and
obligation to pay under this Contract is contingent upon an annual appropriation by the
Legislature.
ROADWAY LEVEL OF SERVICE N/A
A) Fla. Stat. §163.3180(10) requires that facilities funded through the Transportation
Regional Incentive Program adopt the level of service standards established by the
DEPARTMENT for the PROJECT limits.
B) The logical termini for the PROJECT are N/A
IN -KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable)
A) In -kind services are goods, commodities, or services received in lieu of cash payments.
Goods and commodities should be valued based on their current market value.
B) Property donated by local governments for right of way as the local share for a qualified
project, must comply with the requirements of the federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec.,
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and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal
funds will be used in any phase of the project. Other requirements for the acquisition of
rights of way should be determined in accordance with guidelines established by the
Office of Right of Way.
C) The DEPARTMENT has established specific right of way acquisition guidelines for the
Transportation Regional Incentive Program. These guidelines can be found at
ham: / /www dot.state fi.us /olanninv, TRIP/RW- contributions.pdf.
D) The excess of an in -kind match valued in excess of the required match will not generally
be applied towards another project. On a case by case basis, an exception may be made
for project segments in a regional corridor that are part of an implementation plan for that
corridor.
6. INDEMNITY AND INSURANCE
A) INDEMNITY
i) To the extent allowed by law, the COUNTY shall indemnify, defend, and hold
harmless the DEPARTMENT and all of its officers, agents, and employees from any
claim, loss, damages, cost, charge, or expense arising out of any act, error, omission,
or negligent act by the COUNTY, its agents, or employees, during the performance of
the Agreement, except that neither the COUNTY, its agents, or its employees will be
liable under this paragraph for any claim, loss, damages, cost, charge, or expense
arising out of any act, error, omission, or negligent act by the DEPARTMENT, or any
of its officers, agents, or employees, during the performance of the Agreement.
ii) When either party receives notice of claim for damages that may have been caused by
the other party in the performance of services required under this Agreement, that
party will immediately forward the claim to the other party. Each part), will evaluate
the claim, and report its findings to each other within fourteen (14) working days and
jointly discuss options in defending the claim. A party's failure to promptly notify
the other of a claim will not act as a waiver or any right herein.
iii) The COUNTY agrees to include the following indemnification in all contracts with
contractors / subcontractors, consultants /subconsultants, who perform work in
connection with this Agreement:
"The contractor /consultant shall indemnify, defend, save, and hold harmless the
DEPARTMENT and all of its officers, agents or employees from all scuts,
actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to any negligent act or occurrence of omission or commission
of the contractor, its officers, agents, or employees. Neither the
contractor /consultant, nor any of its officers, agents, or employees will be liable
under this section for damages arising out of injury or damage to persons or
property directly caused or resulting from the sole negligence of the
DEPARTMENT or any of its officers, agents, or employees."
B) LIABILITY INSURANCE.
i) The COUNTY shall carry and keep in force during the period of this Agreement a
general liability policy or policies with a company or companies authorized to do
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business in Florida, affording public liability insurance with combined bodily injury
Iimits of at least $100,000 per person and $200,000 each occurrence, and property
damage insurance of at least $50,000 each occurrence, for the services to be rendered
in accordance with this Agreement. However, in the event the COUNTY maintains a
self - insurance fund to cover such liability, the COUNTY agrees to maintain sufficient
reserves in the fund to pay the above - described liability limits. In addition to any
other forms of insurance or bonds required under the terms of this Agreement, the
COUNTY must comply or cause its contractor to comply with §7 -13 of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000),
as amended.
C) WORKERS' COMPENSATION.
i) The COUNTY shall also carry and keep in force Workers' Compensation insurance
as required for the State of Florida under the Workers' Compensation Law,
COMPLIANCE WITH LAWS
A) The COUNTY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, made or received by
the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant
such public access shall be grounds for immediate unilateral cancellation of this
Agreement by the DEPARTMENT.
B) The COUNTY shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
C) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Agreement for
purposes other than those set out in §337.274, Florida Statutes,
8. AUDITS
A) The administration of resources awarded by the Department to the LOCAL
GOVERNMENT may be. subject to audits and/or monitoring by the Department, as
described in this section.
B) MONITORING
i) In addition to reviews of audits conducted in accordance with OMB Circular A -133
and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures
may include, but not be limited to, on -site visits by Department staff, limited scope
audits as defined by OMB Circular A -133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate fully with
any monitoring procedures. /processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided
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by the Department staff to the LOCAL GOVERNMENT regarding such audit. The
LOCAL GOVERNMENT further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the
DEPARTMENT'S Office of the Inspector General, the Chief Financial Officer (CFO)
or Auditor General.
C) AUDITS
ii) PART Il7 STATE FUNDED
(1) Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2) (1),
Florida Statutes) are to have audits done annually using the following criteria:
(2) In the event that the recipient expends a total amount of state financial assistance
equal to or in excess of $500,000 for fiscal years ending on September 30, 2004,
and thereafter in any fiscal year of such recipient, the recipient must have a State
single or project- specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services
and the CFO; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT I
to this agreement indicates state financial assistance awarded through the
Department by this agreement, if applicable. In determining the state financial
assistance expended in its fiscal year, the recipient shall consider all sources of
state financial assistance, including state financial assistance received from the
Department, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass - through awards and resources
received by a nonstate entity for Federal program matching requirements.
(3) In connection with the audit requirements addressed in Part II, paragraph 1; the
recipient shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General.
(4) If the recipient expends less than $500,000 in state financial assistance in its fiscal
year ending on September 30, 2004, and thereafter, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required.
In the event that the recipient expends less than $500,000 in state financial
assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the nonstate entity's resources (i.e., the cost of such an audit must be
paid from the recipient's resources obtained from other than State entities).
(5) State awards are to be identified using the Catalog of State Financial Assistance
(CSFA) title and number, award number and year, and name of the state agency
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awarding it.
iii) PART III: OTHER AUDIT REQUIREMENTS
(1) The recipient shall follow up and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year
audit findings require corrective action and status of findings.
(2) Records related to unresolved audit findings, appeals, or litigation shall be retained
until the action is completed or the dispute is resolved. Access to project records
and audit work papers shall be given to the FDOT, the Comptroller, and the
Auditor General. This section does not Iimit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of state
financial assistance or limit the authority of any other state official.
iv) PART IV: REPORT SUBMISSION
(1) Copies of reporting packages for audits conducted in accordance with OMB
Circular A -133, as revised, and required by PART I of this agreement shall be
submitted, when required by Section .320 (d), OMB Circular A -133, as revised,
by or on behalf of the recipient directly to each of the following:
Florida Department of Transportation
Attn: Julia B. Davis, AICP, Transit Projects Coordinator
2981 Northeast Pine Island Road
Fort Myers, Florida 33909
(2) In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c),
ON413 Circular A -133, as revised, and any management letters issued by the
auditor, to the Department at the following address:
Florida Department of Transportation
Attn: Julia B. Davis, AICP, Transit Projects Coordinator
2981 Northeast Pine Island Road
Fort Myers, Florida 33909
(3) Copies of financial reporting packages required by PART I1 of this agreement shall
be submitted by or on behalf of the recipient directly to the following:
Florida Department of Transportation
Attn: Julia B. Davis, AICP, Transit Projects Coordinator
2981 Northeast Pine Island Road
Fort Myers, Florida 33909
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(4) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
(5) Copies of reports or the management letter required by PART III of this agreement
shall be submitted by or on behalf of the recipient direct] to the Department at the
following address:
Florida Department of Transportation
Attn: Julia B. Davis, AICP, Transit Projects Coordinator
2981 Northeast Pine Island Road
Fort Myers, Florida 33909
(6) Any reports, management letter, or other information required to be submitted to
the Department pursuant to this agreement shall be submitted timely in accordance
with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of
the Auditor General, as applicable.
(7)Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
V) PART V: RECORD RETENTION
(1) The recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of at least five years from the date the audit
report is issued, and shall allow the Department, or its designee, the state CFO or
Auditor General access to such records upon request. The recipient shall ensure
that the independent audit working papers are made available to the Department, or
its designee, the state CFO, or Auditor General upon request for a period of at least
five years from the date the audit report is issued, unless extended in writing by the
Department.
TERMINATION AND DEFAULT
A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon
sixty (60) days written notice.
B) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be
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terminated at the end of such time, or (c) taking whatever action is deemed appropriate by
the DEPARTMENT.
C) If the DEPARTMENT requires termination of the Agreement for reasons other fnan
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the
COUNTY of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is to be terminated.
D) If the Agreement is terminated before performance is completed, the COUNTY shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage of the
contract price as the amount of work satisfactorily completed is a percentage of the total
work called for by this Agreement. All work in progress will become the property of the
DEPARTMENT and will be turned over promptly by the COUNTY.
10. MISCELLANEOUS
A) All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY
constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant
or any default which may then exist, on the part of the COUN"T"Y, and the malting of such
payment by the DEPARTMENT while any such breach or default exists shall in no way
impair or prejudice any right or remedy available to the DEPARTMENT with respect to
such breach or default.
D) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein.
The parties agree that all commitments, agreements, or understandings concerning the
subject matter of this Agreement are 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. It is further agreed that no
modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed by the COUNTY and the
DEPARTMENT.
E) If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement shall remain in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
F) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be
in Leon County, Florida.
G) This Agreement shall be effective upon execution by both parties and shall continue in
10
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7/26/2011 Item 10.A.
effect and be binding on the parties until the PROJECT is completed and accepted and
payment made by the DEPARTMENT or terminated in accordance with Section 9
Termination and Default. .
H) An entity or affiliate which has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity.
I) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36
months from the date of being placed on the convicted vendor list.
11
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7/26/2011 Item 10.A.
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman of the Collier County Board of County Commissioners or its designee,
as authorized by Resolution Number _, and the FLORIDA DEPARTMENT OF
TRANSPORTATION has caused this Agreement to be executed in its behalf through its District
Secretary or authorized designee:
ATTEST
CLERK
ATTEST
COLLIER COUNTY, FLORIDA
(Seal) TITLE
Date Print Name
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXECUTIVE SECRETARY (Seal)
Print Name
Artww. a I�nt i MMI wlil�e�
Deputy County Attorney
By
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
Print Name Date
Fla. Dept. of Trans. Legal Review:
0
Ad's
Availability of Funds Approval:
12
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Date
7/26/2011 Item 10.A.
Page 1 of 1
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 429815- 1 -94 -01
Collier Area Transit Intermodal Transfer Station
The intent of this project is to construct an Intetmodal Transfer Station connecting to the Collier
County Government Center Courthouse Annex Parking Garage.
The Project will include all elements required for the transfer center, including the following:
1. Construction of a new busway with a turn around.
2. Construction of six saw -tooth configured bus berths.
3. Construction of a passenger platform.
4. Construction of restrooms.
5. Construction of a customer service area including but not limited to a passenger lobby
and office space (for ticketing and operations).
6. Reshaping and expanding the existing stormwater retention area.
7. Purchase of furnishings and equipment necessary to operate the transfer center (i.e. bike
racks, benches, etc).
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Page 1 of 1
EXHIBIT "B"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 429815- 1 -94 -01
Collier Area Transit Intermodal Transfer Station
1) Design to be completed on or before October 1, 2011.
2) Construction contract to be let on or before January 31, 2012.
3) Construction to be completed on or before December 31, 2013.
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Page 1 of 1
EXHIBIT "C"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 429815- 1 -94 -01
Collier Area Transit Intermodal Transfer Station
By and through this Transportation Regional Incentive Program Agreement with the COUNTY,
the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $1,400,000.00
(ONE MILLION FOUR HUNDRED THOUSAND DOLLARS) for actual costs incurred on the
PROJECT, excluding COUNTY overhead.
NOTE:
This TRIP PROJECT is funded in the Department's work program under FM No.
429815-1-94-01. Funding as programmed is: LFP $1,400,000
TRIP $1,400,000
_ (LFP- Local Funds for Participating, TRIP- Trans. Regional Incentive Program)
Final Invoice: The County must submit the PROJECT final invoice to the Department within
120 days after the completion of all construction activities.
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Page 1 of_
EXHIBIT "D"
AUDIT
COLLIER AREA TRANSIT INTERMODAL TRANSFER STATION
Financial Management Number! 429815- 1 -94 -01
STATE RESOURCES
Agency: Florida Department of Transportation
Catalog of State Financial Assistance: Transportation Regional Incentive Program (55,026)
Amount: $1,400,000.00
Compliance Requirements Transportation Regional Incentive Program Grant
1. The project must be regionally significant and derived from a regional transportation plan.
2. The regional transportation plan must be created by a regional transportation area created
pursuant to Section 339.155(5) Florida Statutes. (The agenda and minutes of the ioint meeting of
the Lee County and Collier County Metropolitan Organization is attached to this Agreement
under EXHIBIT "D" attachment 1)
3. "The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida
Statutes.
4. Funds will only be provided for capital expenses. Operations are not covered through TRIP.
5. For roadway projects, the Florida Department of Transportation's level of service must be
adopted for the logical termini specified in the Joint Participation Agreement once the additional
capacity from the project is available for purposes of concurrency under Fla. Stat. § 163,3180.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a),
Florida Statutes, require that the information about Federal Programs and State Projects
included in Exhibit D be provided to the recipient.
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/'0' 0'
LEE COUNTY
COLLIER r orrcl i �,a�dl nn r'?k('.z i:_n•:
Metropolitan Planning Organization
JOINT BOARD MEETING OF THE LEE COUNTY AND COLLIER
COUNTY METROPOLITAN PLANNING ORGANIZATIONS
Bonita Springs City Hall Council Chambers
9101 Bonita Beach Road
Bonita Springs, Florida
April 18, 2008
9:00 a.m.
All meetings of the Joint Lee County and Collier County MPOs are open to the public and dozen input is encouraged, Any
person wishing to speak on any scheduled Item may do so upon recognition by the Chairperson. In accordance Win the
Americans with Disabilities Act. any person requiring special accommodations to participate in this meeting should contact Ms.
Maghan Merlon at the Lao County MPO at (239) 338 -2559, Furl. 219; or Ms. Brandy Otero at the Collier County MPO at
(239) 252 -8192 48 hours prior to the meeting; If you are hearing or speech impaired, call (809) 955 -8779 Voice (809) 956.9771
Too. Or, e-mail mmariongilsvdrocoro or brsndvotero@coII eroov.ne {.
The MPO's planning process is conducted in accordance with The VI of the Civil Rights Ad of 1964 and related statutes. Any
person or beneficiary who believes he /she ties been discriminated against because of race, color, religion, sex, age, national
origin. disability of familial status may file a complaint Wth the Florida Department of Transportation District One Title VI
Coordinator Jacquelin Brown at (663) 519 -2757 or by writing her at P.O. Box 1249, Bartow, Florida 33831.
Any person who decides to appeal a decision of this committee will need a record of the proceedings pertaining thereto, and
therefore may need to enure that a verbatim record of the proceedings is made, which record Includes the testimony and
evidence upon which the appeal is to be based,
1. Call to OrdarlRoll Call
2. Election of a Chairperson
3. Public Comments on items on the Agenda
4. Action Items
A. Determination of TRIP priorities for FY
2010/2011 and FY 201112012
S. Changes to the BI-County Joint Regional
Transportation Networks
C. Update to the SIS priorities
S. Reports and Presentations
A. Citizens Transportation Coalition
Presentation on Tolling 1 -75
B. Southwest Florida Expressway
Authority Update
C. Review of the draft Joint Lee /Collier
MPO Long Range Plan Update Scope
D. Regional Public involvement Plan web
pages
S. Florida Department of Transportation
Report
7. Transit Update
8. Public Comments on Items not on the
Agenda
9. Members' Comments
10. Information Items
11. Adjournment of Joint MPO meeting
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7/26/2011 Item 10.A.
Agenda Item 4A
Joint Lee - Collier MPO 4/18/08
DETERMINATION OF TRIP PRIORITIES FOR FY 2010/2011 AND FY
2011(2012
RECOMMENDED ACTION: Review the applications for FY 2010111 and
2011/12 TRIP funds in Attachment C and the
results of staff evaluations in Attachment A,
and recommend TRIP priorities
In response to the solicitation of proposals for Transportation Regional Incentive
Program (TRIP) funds for FY 2010111 and FY 2011/12, Lee County and Collier MPO
staff has received seven applications, two from the City of Cape Coral, four from Collier
County Transportation Planning Department, and one from Collier Area Transit. They
are as follows:
From the City of Cape Coral
v A TRIP request for $4 million in FY 2010/11 for a construction phase to widen
Del Prado Boulevard from SR 78 to Kismet Parkway from 4 to 6 lanes
%o A TRIP request for $12 million in FY 2011112 for a right of way phase 1 to widen
SR 78 from Burnt Store Road to Chiquita Boulevard from 2 to 4 lanes
From the Collier County Transportation Planning Department
:• A TRIP request for $2.9 million in FY 2010/11 for a right of way phase to widen
Collier Boulevard from Green Boulevard to Golden Gate Boulevard from 4 to 6
lanes
:• A TRIP request for $6 million in FY 2011/12 for a design phase for a new 4 -lane
extension of Collier Boulevard from Immokalee Boulevard to Bonita Beach Road
✓r A TRIP request for $2-4 million in FY 2011112 for a right of way phase for
widening Collier Boulevard from Green Boulevard to Golden Gate Main Canal
from 4 to 6 lanes
4 A TRIP request for $7 million in FY 2011/12 for a construction phase to widen
Collier Boulevard from Green Boulevard to Golden Gate Boulevard
From Collier Area Transit
A TRIP request for $1.05 million in FY 2010111 for construction of an intermodal
transfer facility on US 41 at the entrance to Collier County Government Center
The complete applications are included in Attachment C for review.
Staff has evaluated all seven applications using the joint MPC approved criteria in
Attachment B and the results of the evaluations with the project scores are included in
Attachment A. The construction phase for 6- laning Collier Boulevard from Green
Boulevard to Golden Gate Boulevard has been credited for right of way Production
Readiness only (and not construction) as right of way funds have not been committed
for this project, and also because a separate application for TRIP funds for right of way
acquisition has been submitted. As a result both these applications have scored the
same points.
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7/26/2011 Item 10.A.
Also, the applications for the two Collier Boulevard right of way projects from Golden
Gate Main Boulevard to Golden Gate Boulevard, and the SR 78 project did not include
design costs in the total cost. The design costs were included during the calculation of
the "Overmatch ".
The Joint TAC voted unanimously and the Joint CAC voted 10 to 1 to follow the ranking
criteria which then puts the Del Pradc Boulevard project as the number one priority in
2010/2011 and the Collier Boulevard project (from Green Boulevard to Golden Gate
Boulevard) in 201112012 (the projects in priority order is attached).
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7/26/2011 Item 10.A.
MINUTES OF THE JOINT LEE COUNTY METROPOLITAN PLANNING ORGANIZATION
AND COLLIER METROPOLITAN PLANNING ORGANIZATION
Held on April 1B, 2008
The following members were present for the joint meeting of the Lee County Metropolitan
Planning Organization and the Collier Metropolitan Planning Organization on April 18, 2008 at
the of the Bonita Springs City Hall Council Chambers, 9101 Bonita Beach Road, Bonita
Springs, Florida.
Lee County
Commissioner Frank Mann
Commissioner Tammy Hall
Commissioner Ray Judah
Commissioner Brian Bigelow
Commissioner Robert Janes
Mayor Jim Humphrey
Mayor Eric Feichthaler
Councilperson Dolores Bertollini
Councilman Peter Brandt
Councilman Bob Raymond
Councilman Herb Acken
Vice -Mayor Carla Johnston
Collier County
Councilperson Dee Sulick
Councilman William Willkomm, III
Commissioner Donna Fiala
Commissioner Thomas Henning
Commissioner James Coletta
Councilman Dr. William D, Trotter
Commissioner Fred Coyle
Commissioner Frank Halas
Mayor Sammy Hamilton, Jr.
Lee County District 5
Lee County District 4
Lee County District 3
Lee County District 2
Lee County District 1
City of Fort Myers
City of Cape Coral
City of Cape Coral
City of Cape Coral
Town of Fort Myers Beach
Town of Fort Myers Beach
City of Sanibel
City of Naples
City of Naples
Collier County District 1
Collier County District 3
Collier County District 5
City of Marco island
Collier County District 4
Collier County District 2
Everglades City
Those also in attendance included: Johnny Limbaugh and Trinity Caudill -Scott of FDOT; David
Loveland of Lee County DOT; Carmen Monroy of LeeTran, Jed Schneck of the Lee County
Attorney's Office; Brandy Otero, Tamika Seaton, Lorraine Lantz, and Phil Tindall from Collier
MPO; Scott Teach from Collier County Attorney's Office; Betty Hull of Citizens Transportation
Coalition; Wayne Dal" with Lee County Smart Growth; David Hutchinson with SWFRPC; Bill
McDaniel, concerned citizen, Virgil Rook with Wilbur Smith and Associates; Norm Feder with
Collier County Transportation Services Division; Nancy Payton with Florida Wildlife Federation;
Tom Conrecode with SWFTI; Joe Bonness with Collier P.A.C.; Nick Casalanguida with Collier
County Transportation Services Division; Don Eslick with ECCL; Gary Eidson with Citizens
Transportation Coalition; and Ron Gogoi, Don Scott and Meghan Marion of Lee County MPO.
CALL TO ORDER
Meeting called to order at 9:07 a.m. by Mr. Don Scott.
ROLL CALL
Ms. Marion called the roll for Lee County MPO.
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7/26/2011 Item 10.A.
Commissioner Mann - present
Commissioner Hall- present
Commissioner Judah - present
Commissioner Bigelow- present
Commissioner Janes - present
Mayor Humphrey - present
Councilman Henderson- absent
Councilman Flanders- absent
Mayor Feichthaler- present
Councilman Grill- absent
Counciiperson Bertolini- present
Councilman Brandt - present
Councilman Raymond - present
Vice-Mayor Johnston-present
Councilman Burch — absent
Councilman Simms - absent
,/ OJ / -
Ms. Marion announced that Lee County MPO had attained a quorum.
Ms. Seaton called the roll for Collier MPO,
Councilperson Sulick- present
Councilman VWllkomm- present
Commissioner Fiala- present
Commissioner Henning - present
Commissioner Coyle- absent
Commissioner Halas- absent
Commissioner Colette- present
Councilman Trotter- present
Mayor Hamilton- absent
Ms. Seaton stated that Collier MPO had attained a quorum.
ELECTION OF A CHAIRPERSON
MOTION BY COMMISSIONER JUDAH TO ELECT COMMISSIONER
COLETTA TO BE THE JOINT MPO CHAIRMAN. SECONDED BY
COMMISSIONER FIALA. MOTION CARRIED UNANIMOUSLY.
Chairman Coletta led the Pledge of Allegiance.
Agenda Item #3 — Public Comments on Items on the Agenda
No public comments were received.
ACTION ITEMS
Agenda Item #4A — Determination of TRIP Priorities for FY 2010/2011 and FY 2011(2012
MOTION BY COMMISSIONER JUDAH TO APPROVE THE TRIP PRIORITIES
FOR FY 2010/2011 AND FY 201112012 AS THE JOINT TAC AND CAC
BOARDS HAVE RECOMMENDED, WHICH IS TO FOLLOW THE RANKING
CRITERIA WHICH THEN PUTS THE DEL PRADO BOULEVARD PROJECT
AS THE NUMBER ONE PRIORITY IN 201012011 AND THE COLLIER
BOULEVARD PROJECT CONSTRUCTION (FROM GREEN BOULEVARD TO
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7/26/2011 Item 10.A.
GOLDEN GATE BOULEVARD) AS NUMBER ONE IN 201112012. SECONDED
BY COMMISSIONER JANES.
Commissioner Henning asked if this was the recommendation of the Joint TAC and Joint CAC
committees.
Commissioner Judah stated yes.
MOTION CARRIED UNANIMOUSLY,
Commissioner Fiala was concerned that the TRIP priorities did not include how much funding
was allocated for projects.
Mr. Scott replied by stating that $15 million was allocated for the entire District One for each
year.
Agenda Item 4B — Chances to the Bi- County Joint Regional Transportation Networks
Mr. Tindall presented an overview of the changes to the Bi- County Joint Regional
Transportation Networks.
MOTION BY COMMISSIONER FIALA TO APPROVE THE PROPOSED
BICYCLE/PEDESTRIAN CHANGES TO THE PATHWAYS COMPONENT OF
THE BI- COUNTY JOINT REGIONAL TRANSPORTATION NETWORKS.
SECONDED BY COMMISSIONER HALL.
Vice -Mayor Johnston asked about the status of the future connection down the right of way of
the rail.
Mr. Scott replied that according to the joint Bike /Pedestrian committee, there is 100 feet of right
of way and a rail facility could work with another type of facility. It has been mentioned that we
would buy the right of way from CSX. Mr. Scott stated that he was uncertain if any action had
been taken since the joint Bike /Pedestrian meeting in September 2007. Mr. Scott thought that
by showing a facility down Old 41, if a future facility were close to that location and changed
later on the joint committees could amend the map. The benefit of showing a facility on Old US
41 is that if the appropriate jurisdiction has to buy additional right of way, there is an opportunity
to put a pathway there since Old 41 has not been widened yet.
Commissioner Henning requested an amendment to the Bi- County Joint Regional
Transportation Networks Map to include the area of Rattlesnake Hammock Road from Santa
Barbara Boulevard Extension to County Road 951 in Collier County, because there will be
sidewalks on both sides with an 8 to 10 foot pathway on the north side.
COMMISSIONER FIALA AND COMMISSIONER HALL AGREED TO THE
AMENDMENT TO INCLUDE THE RATTLESNAKE HAMMOCK SEGMENT IN
THE MAP. MOTION CARRIED UNANIMOUSLY.
Agenda Item 4C — Update to the SIS priorities
Mr. Scott presented an overview of the SIS priorities.
MOTION BY COMMISSIONER HENNING TO APPROVE THE AMENDMENTS
TO THE STRATEGIC INTERMODAL SYSTEM PRIORITIES TO BE
CONSISTENT WITH CURRENT ACTIVITIES. SECONDED BY
COMMISSIONER FIALA.
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Mayor Humphrey asked the status of State Road 82 from 1 -75 to Lee Boulevard,
Mr. Limbaugh replied by stating that the project was fully funded and is programmed to move
forward next year.
MOTION CARRIED UNANIMOUSLY.
REPORTS AND PRESENTATIONS
Agenda Item 5A Citizens Transportation Coalition Presentation on Tolling 1.75
Mr, Gary Eidson presented a Power Point presentation regarding tolling 1 -75.
Commissioner Judah asked about alternative funding sources for 1 -75.
Mr. Eidson replied by stating that the CTC was a volunteer organization, and the group's goal
was to bring awareness to the community.
Commissioner Judah stated he appreciates their involvement, but that he would also like to
remind everyone that in 2009 the State transportation budget is going to go bankrupt. He
suggested that the committees start thinking about planning for the future and not solely rely on
Congress to fund our projects and needs,
Agenda Item 5B Southwest Florida Expressway Authority Update
Mr. Bill Barton presented this item with a Power Point presentation.
MOTION BY COMMISSIONER JUDAH TO HAVE MPO STAFF SEND A JOINT
MPO BOARD LETTER TO THE GOVERNOR OF FLORIDA, PRESIDENT OF
THE SENATE, SPEAKER OF THE HOUSE, AND THE CHAIRMAN OF THE
TRANSPORTATION BUDGET COMMITTEES OF BOTH THE HOUSE AND
THE SENATE. REQUESTING THAT THE TRANSPORTATION FUND NOT BE
RAIDED. SECONDED BY VICE -MAYOR ACKEN. MOTION CARRIED.
COMMISSIONER BIGELOW OPPOSED.
Mr. Scott presented this item.
Vice -Mayor Johnston stated that she would like to see sufficient attention to our current projects
and our growing population for each individual county.
Mr. Scott stated that each MPO will be reviewing their projects before the final LRTP is adopted.
Mr. Tindall stated that the end result will be two different plans adopted by each individual MPO,
but that there is more coordination through this process.
Vice -Mayor Johnston stated that she would like to see a paragraph somewhere in the scope
addressing how we begin to make the transition from having to deal with issues like high gas
prices, renewable options, alternative fuel vehicles, transit, and other pertinent concepts
regarding transportation planning. There are references to it in different places of the
document, but there still is not a specific area which discusses where we are now with regard to
avoiding congestion, to getting ride sharing, to improving existing systems, and to having
Packet Page -607-
7/26/2011 Item 10.A.
reverse lanes. She would like to make sure that the scope has some point addressing this
issue.
Mr. Scott stated that a iot of this will be addressed in the LRTP because of the requirement of
going to year of expenditure.
Commissioner Colette stated that the MPOAC offers a new member course for new MPO Board
members to get caught up on current issues and recommended that new members check their
availability for attending the course.
Agenda Item SD — Regional Public Involvement Plan Web Pages
Mr. Tindall presented this item and stated that the Regional Website can be accessed from
each MPO's individual website, there will be a link on the homepage of each individual MPO's
website.
Counciiperson Bertolini asked if there is a cost attached to this.
Mr. Scott stated that it is already included in the task.
Commissioner Bigelow asked if the public will actually be able to access this website and will it
be public friendly.
Commissioner Colette asked that a counter be put on the website so that staff is able to see
how effective it actually is.
Agenda Item 6 — Florida Department of Transportation Report
Mr. Limbaugh stated that the IROX (1 -75 Road Expansion Project) is moving 1 '/z months ahead
of schedule.
Mr. Limbaugh discussed the financial challenges the Department is currently facing and
announced that FDOT is looking into the privatization of Alligator Alley for a long term lease,
probably 50 up to 75 years. He stated that FDOT is holding an Industry Forum on April 24,
2008 in Orlando to determine the feasibility of leasing Alligator Alley.
Councilperson Sulick asked if this committee could request that FDOT hold a workshop in either
Lee or Collier County to make it more accessible for people to attend in regards to the Alligator
Alley Privatization.
Discussion continued
Commissioner Judah stated that he would like staff to send a letter to Secretary Stephanie
Kopelousos to request that a formal workshop regarding the tolling of Alligator Alley be held in
Collier County.
Commissioner Colette stated that there is no longer a quorum so he would like to take this
suggestion from Commissioner Judah back to both of the Commission Boards for more
discussion.
Agenda Item 7 — Transit Update
Ms. Flagg with CAT stated that Collier County is in its' third year of a transit and paratrarsit
service. These services currently now reside in the same facility at: 8300 Radio Road, Naples,
Packet Page -608-
7/26/2011 Item 10.A.
Florida 34104 Collier County is developing design for a passenger transfer facility at the Collier
County Government Campus.
Ms. Monroy with LeeTran stated that there was no report.
Aaenda Item B Public Comments on Items not on the Agenda
Ms, Nancy Payton with the Florida Wildlife Federation stated that the public participation policy
is lousy. The public should be allowed to speak during the discussions of each item, not just at
the very end.
Ms. Payton stated that in regards to County Road 951 the PD &E showed expanding County
Road 951 as a need beyond adding lanes on 1 -75. The Florida Wildlife Federation along with
several other environmental organizations signed a conditional support latter based on the
PD &E study that was completed. Now there is a discussion of expanding County Road 951
instead of adding lanes to 1 -75, and this raises a big red flag to the environmental community.
Commissioner Colette stated that for the next Joint MPO meeting he would like to see the
opportunity for public comment after each agenda item,
Ms. Heather Mazurkiewcz stated that under the Public Involvement Plan her responsibility as a
CAC member is to reach out to all of the different organizations within her community, and staff
and MPO Board members should remind other CAC members that this is one of their
responsibilities also.
Agenda Item 9 — Members' Comments
Vice -Mayor Acken introduced Councilman Bob Raymond as the new MPO Board
Representative for the Town of Fort Myers Beach.
Commissioner Bigelow stated that gridlock can be a good thing because it forces us into other
alternatives of managing growth.
Vice -Mayor Johnston stated that in regards to 1 -75 /Coconut Road interchange the US Senate
voted to pass the technical amendments bill and the $10 million will stay in this area for the
widening of 1 -75. This still has to go before the United States House of Representatives, so it is
not final yet.
Commissioner Fiala stated that she finds it very alarming that a Forum for the possible
Privitization of Alligator Alley has been set up on April 24th, and nobody even knows about it in
regards to a road that affects us.
Councilman Wlikomm asked if there is anything we can do to stop this Forum from going
forward and not have it hidden in Orlando.
Commissioner Judah stated that the Collier and Lee County Commission Boards will address
this issue of bringing the Forum to either Lee or Collier County at their next meetings.
Agenda Item 10 — Information Items
Mr. Tindall stated that their will be a Joint Transportation Anti - Terrorism Training Workshop held
on May 19" through May 23fd. He also stated that on April 7, 2008 Lee and Collier Counties
held a joint Freight and Goods Workshop.
Packet Page -609-
7/26/2011 Item 10.A.
Mr. Scott stated that in the future staff will include the approved joint meeting minutes in the
packets, because there is so much time in between the joint meetings.
Meeting adjourned at 11.28 a.m.
ADJOURNMENT
Packet Page -610-
7/26/2011 Item 10.A.
Page I of 1
EXHIBIT "E"
NOTICE OF COMPLETION
TRIP AGREEMENT
BETWEEN
COLLIER COUNTY
AND
FLORIDA DEPARTMENT OF TRANSPORTATION
PROJECT DESCRIPTION: Collier Area Transit Intermodal Transfer Station
FINANCIAL MANAGEMENT ID# 429815 1 94 01
In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby
provides notification that the work authorized by this Agreement is complete as of
,20
By: _
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby
certifies that all work which originally required certification by a Professional Engineer has been
completed in compliance with the Project construction plans and specifications. If any
deviations have been made from the approved plans, a Iist of all deviations, along with an
explanation that justifies the reason to accept each deviation, will be attached to this
Certification. Also, with submittal of this certification, the COUNTY shall furnish the
DEPARTMENT a set of "as- built" plans certified by the Engineer of Record /CEI.
SEAL:
M
Name.
Date:
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