Agenda 11/15/2016 Item #16A27 16.A.27
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve a Right-of-Entry Agreement with the Florida Department of
Transportation to allow for connection and drainage improvements to complement a sidewalk
along U.S.41.
OBJECTIVE: To connect the sidewalk proposed for U.S. 41 to existing sidewalks and make drainage
improvements to complement the proposed sidewalk.
CONSIDERATION: The construction of a sidewalk along U.S. 41 from Pine Ridge Road to Pelican
Bay Boulevard has been prioritized by the Collier Metropolitan Planning Organization (MPO). The
Florida Department of Transportation (FDOT) has expended funds to complete the design of the project
and is now proceeding forward with the bidding phase. It is necessary to provide connections from the
proposed sidewalk to the existing sidewalk network in the area. In addition, drainage improvements will
be completed in the area to complement the sidewalk construction. In order to provide the connection and
drainage modifications, FDOT must enter Collier County right-of-way to perform the work. Therefore, a
Right-of-Entry Agreement has been proposed in order to memorialize the understandings of the parties.
FDOT intends to award the construction bid prior to the end of the 2016 calendar year.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: Addition of sidewalks are consistent with Growth
Management objectives.
RECOMMENDATION: To approve the Right-of-Entry Agreement, and authorize the Chairman to
execute the agreement on behalf of the Board of County Commissioners.
Prepared by: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees &
Program Management Division,Growth Management Department
ATTACHMENT(S)
1.Right of Entry Agreement-JAK signed (PDF)
Packet Pg. 571
I6.A:27.
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.27
Item Summary: Recommendation to approve a Right-of-Entry Agreement with the Florida
Department of Transportation to allow for connection and drainage improvements to complement a
sidewalk along U.S. 41.
Meeting Date: 11/15/2016
Prepared by:
Title:Manager-Planning—Capital Project Planning,Impact Fees,and Program Management
Name: Trinity Scott
10/28/2016 11:32 AM
Submitted by:
Title:Division Director-IF,CPP&PM—Capital Project Planning,Impact Fees,and Program
Management
Name:Amy Patterson
10/28/2016 11:32 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/28/2016 2:16 PM
Growth Management Department Gene Shue Additional Reviewer Completed 10/28/2016 2:52 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 10/31/2016 8:18 AM
Capital Project Planning,Impact Fees,and Program Management Amy Patterson Additional Reviewer Completed
Procurement Services Allison Kearns Additional Reviewer Completed 11/02/2016 10:06 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 10:10 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 12:02 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2016 1:16 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/03/2016 9:38 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:17 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
Packet Pg. 572
16.A.27.a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF ENTRY AGREEMENT
ITEM/SEGMENT NO.: 435040-1-52-01
MANAGING DISTRICT: District One
F.A.P. NO: Not Applicable
STATE ROAD NO.: SR 45
COUNTY: Collier
STATE OF FLORIDA
COUNTY OF COLLIER
THIS AGREEMENT, made and entered into on the day of
By and between Collier County hereinafter called the"OWNER"and the State of Florida Department of Transportation,
hereinafter called the "DEPARTMENT." Q
WITNESSETH:
WHEREAS,the DEPARTMENT intends to construct certain improvements to State Road 45; and o
WHERAS, as a part of the intended improvements the DEPARTMENT agrees to construct roadway and sidewalk
modifications.The OWNER desires and the DEPARTMENT agrees to enter the OWNER'S property to mill and resurface,
construct sidewalk and drainage beyond the right of way line without cost to the OWNER.The OWNER agrees to allow o
onto their property activities associated with the construction of the roadway and sidewalk improvements.This right of •
entry shall allow the DEPARTMENT, its agents and contractors the right to ingress, egress and move construction 00
vehicles and equipment onto the OWNER'S land as necessary for the purpose of constructing the roadway, sidewalk ='
connections, drainage and milling and resurfacing.This right of entry terminates upon the completion of this work;and m --.
c
WHERAS, the OWNER has no objection to the entry onto its property to perform these construction activities on us
OWNER'S land.
NOW,THEREFORE, in consideration of the above stated premises,the OWNER herby grants to the DEPARTMENT m
and its agents or assigns a right of entry to enter upon the OWNER'S lands for the purpose of performing the activities
described above. It is further understood and agreed to the DEPARTMENT and/or its duly authorized representative will
restore the remaining disturbed lands to a safe and sanitary condition after the construction of the improvements.The <
DEPARTMENT agrees that the OWNER'S right to access to the property during the construction shall be maintained.
C.
.46
COLLIER COUNTY, FLORIDA: DEPARTMENT:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: BY:
Name(Please Print or Type) Name(Please Print or Type) �C
Signature Signature
Approv- as and legality
Jeffrey A.Klatzko ° aunty Attorney
, Packet Pg. 573