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  County Administrator's Report     12. 22.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 09/05/2019  
Issue:    FDOT and Escambia County Road Transfer - County Road 99 and State Road 292
From: Joy Jones
Department: Engineering  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Road Transfer Agreement Between Escambia County, FL, and the Florida Department of Transportation Regarding County Road 99 (Beulah Road) and State Road 292 (Perdido Key Drive) - Joy Jones, P.E., Engineering Department Director

That the Board take the following action concerning the Road Transfer Agreement between Escambia County and the Florida Department of Transportation (FDOT/also known as the Department) regarding County Road 99 (Beulah Road) and State Road 292 (Perdido Key Drive):

A. Approve and authorize the Chairman to sign the Road Transfer Agreement between Escambia County and FDOT;
 
B. Approve and authorize the Chairman to sign the Memorandum of Understanding (MOU) between Escambia County, Florida, and FDOT; and

C. Approve and authorize the Chairman to sign the Resolution authorizing the execution of the Road Transfer Agreement between Escambia County, Florida, and FDOT.

[Funding:  Per MOU, Escambia County will transfer all work product and communication between Escambia County and any contractor or stakeholder associated with its US Highway 29 Project Development and Environment (PD&E) Study, including but not limited to all collected data, documentation, stakeholder discussions, as well as any funding associated with the US Highway 29 Connector Project to FDOT. Escambia County placed the contract with Atkins Global, Inc., on hold on August 13, 2019, after the Committee of the Whole Transportation Workshop affirmative consensus on August 8, 2019, regarding the transfer. The amount of funds remaining in the contract is $773,038.79; however, Atkins' final invoice for payment has not been received. The funds are located in Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #08EN0021 and Project #12EN1728]
BACKGROUND:
Escambia County and FDOT have been considering a possible transfer of County Road (CR) 99 (Beulah Road) and State Road (SR) 292 (Perdido Key Drive) since 2017. Following several iterations of the road transfer agreement and respective documents and exhibits, and direction from the Board at its August 8, 2019 Committee of the Whole - Transportation Workshop, staff is requesting Board action on the Road Transfer Agreement, Road Transfer MOU, and Road Transfer Resolution provided herein.

Below is pertinent language from the Agreement and from the MOU:

The County owns certain rights-of-way located within the County known as CR 99/Beulah Rd (Roadway ID 48509000) from US 90A/SR 10 (Beginning Mile Post 1.250) to Isaacs Lane (Ending Mile Post 2.678), and CR 99/Beulah Road (Roadway ID 48000096) from US 90/SR 10A/Mobile Highway (beginning Mile Post 4.938) to US 90A/SR 10 (ending Mile Post 6.096), for an approximate net length of 2.586 miles (collectively referred to in this Agreement as the “CR 99/Beulah Rd. Segments”), which are depicted on the map attached hereto as Exhibit “A.”

FDOT owns certain rights-of-way located within the County known as SR 292/Perdido Key Drive (Roadway ID 48050000) from Alabama/Florida State Line (beginning Mile Post 0.000) to Gongora Drive (ending Mile Post 6.200), for an approximate net length of 6.200 miles (referred to in this Agreement as the “SR 292/Perdido Key Dr. Segment”), which is depicted on the map attached hereto as Exhibit “A.”

The County has requested the transfer of the CR 99/Beulah Road segments from the Escambia County Road System to the State Highway System, and the transfer of the SR 292/Perdido Key Dr. Segment from the State Highway System to the Escambia County Road System.

Prior to the Road Transfer Agreement, the County had begun, and allocated some funding to a Project Development and Environmental Study (“PD&E”) on a portion of the transferred roadway denoted by the County as “US 29 Connector Project” or “Beulah Beltway Project”, and otherwise delimited by CR 186 on the south end and US 29 on the north end, for which work has been accomplished under the County-managed PD&E contract.

The County will transfer all work product and communication between the County and any contractor or stakeholder associated with its US 29 Connector Project PD&E, including but not limited to all collected data, documentation, stakeholder discussions, as well as any funding associated with the US29 Connector Project to FDOT, who, upon receipt of the work product, communications, and funding associated with the County-managed US 29 Connector Project, intends to incorporate the received data to the extent that it is able to and use the funding for a PD&E of the potential corridor procured and managed by FDOT. 

Also, prior to the Road Transfer Agreement, the County conducted a Roadway Safety Audit, denoted as the “Beulah Road Safety Upgrades Project” on a portion of CR 99/Beulah Road from US 90/SR 10A/Mobile Highway to US 90A/SR 10/Nine Mile Road.

The County will transfer all work product and communication between the County and any contractor or stakeholder associated with its Beulah Road Safety Upgrades Project, including but not limited to all collected data, documentation, stakeholder discussions and the audit report associated with the Beulah Road Safety Upgrades Project to FDOT, who, upon receipt of the work product, communications, audit report and other work associated with the County’s Beulah Road Safety Upgrades Project, will incorporate that information for consideration along with the priorities of the Transportation Planning Organization (TPO) and other factors in the future planning of this corridor.
BUDGETARY IMPACT:
Per MOU, Escambia County will transfer all work product and communication between Escambia County and any contractor or stakeholder associated with its US Highway 29 Project Development and Environment (PD&E) Study, including but not limited to all collected data, documentation, stakeholder discussions, as well as any funding associated with the US Highway 29 Connector Project to FDOT. Escambia County placed the contract with Atkins Global, Inc. on hold on August 13, 2019 after the Committee of the Whole Transportation Workshop affirmative consensus on August 8, 2019 regarding the transfer. The amount of funds remaining in the contract is $773,038.79; however Atkins' final invoice for payment has not been received. The funds are located in Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #08EN0021 and  Project #12EN1728
LEGAL CONSIDERATIONS/SIGN-OFF:
County Attorney, Alison Rogers, has reviewed and approved the Road Transfer Agreement, Road Transfer MOU, and Road Transfer Resolution for legal sufficiency.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
Upon approval of the Agreement, MOU and Resolution, staff will transmit the signed documents to FDOT for proper implementation.

Attachments
Road Transfer Agreement
Road Transfer MOU
Road Transfer Resolution
Road Transfer Exhibit A
Road Transfer Exhibit B

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