MAIN STREET RECONSTRUCTION

1. MAIN STREET RECONSTRUCTION MAINTENANCE AND OWNERSHIP TRANSFER Board of County Commissioners June 11, 2013

2. Recommendation That the Board finds that accepting this liability is in the best interests of Alachua County and the Board agrees to accept the liability under the Agreement; adopts the resolution authorizing the County to enter into a Maintenance Agreement with the State of Florida Department of Transportation for CR 329 (Main Street) from Depot Avenue to SR 331 (Williston Road) and that the Chair be authorized to execute any additional documents, approved by the County Attorney, necessary to complete this transaction.

3. History • On January 18, 2001, the MTPO unanimously recommended the main street reconstruction project. The project design consisted of the re-construction of Main Street from Depot Avenue to North 8th Avenue with re-construction from a 5-lane section to a 3-lane section and construction of a roundabout at the Depot Avenue intersection

4. History • To facilitate reconstruction, the FDOT required the transfer of ownership to Alachua County with the MTPO recommending various maintenance responsibilities: • Maintenance from Depot Avenue to University Avenue would be by the City of Gainesville • Maintenance from Williston Road to Depot Avenue would be by Alachua County • Paperwork was prepared for transfer of ownership and maintenance in February, 2004. The transfer of ownership to the County was completed on March 11, 2005

5. History • In 2004, the Department presented this issue to the Board with an option to transfer the roadway to the City of Gainesville. • After consideration of issues associated with the transfer and potential liability issues, the Board approved the transfer to Alachua County in March of 2005. • In 2007, the City entered into an agreement with the FDOT to maintain the landscaping on the segment from South 16th Avenue to Williston Road.

6. Issues • The Maintenance Agreement between the County and the FDOT is required because federal funds were used to mill and resurface the road. • The maintenance agreement contains a requirement that the County defend and indemnify the FDOT for all claims arising out of the County’s performance of the agreement, to include all civil, criminal and environmental liability.  The County’s financial liability under this provision would likely not be limited by sovereign immunity. 

7. Issues • Potential underground contamination exists from Williston Road to Depot Avenue. • Assumed potential environmental liability existed when the county accepted ownership. • Anticipated normal maintenance activity would be limited to milling and resurfacing. • Potential reconstruction activities that are being considered at the Depot Avenue and South 16th Avenue intersections. • If intersection modifications are made, the County will require indemnification from the jurisdiction desiring to perform intersection modifications.

8. Issues • The City Public Works Department has requested ownership of the segment of Main Street between University Avenue and South 16th in order to facilitate design modification they wish to undertake. • The City Public Works Department has also indicated a willingness to continue to maintain the landscaping on the segment from South 16th Avenue to Williston Road.

9. Recommendation That the Board finds that accepting this liability is in the best interests of Alachua County and the Board agrees to accept the liability under the Agreement; adopts the resolution authorizing the County to enter into a Maintenance Agreement with the State of Florida Department of Transportation for CR 329 (Main Street) from Depot Avenue to SR 331 (Williston Road) and that the Chair be authorized to execute any additional documents, approved by the County Attorney, necessary to complete this transaction.