Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 23, 2016
REVISED - February 23, 2016 - Regular Meeting
Agenda Item #45

FDOT Construction Agreement for Signalization Plans on S.R. 70 at Lockwood Ridge Road/45th Street East


Contact and/or Presenter Information
Sia Mollanazar, P. E., Deputy Director - Engineering Services, Public Works Dept., Ext. 7487

Action Requested
Approval of FDOT Construction Agreement for Signalization plans on S.R. 70 at Lockwood Ridge Road/45th Street East and authorization for staff, Sia Mollanazar, P.E., to execute as the Construction Coordinator.

Enabling/Regulating Authority
Florida Department of Transportation (FDOT) and Manatee County desire to enter into this agreement pursuant to Section 334.044(13) and 339.282 Florida Statutes, to construct and improve public transportation facilities.

Background Discussion

Manatee County plans to construct a northbound right turn lane, related sidewalk on Lockwood Ridge south of S.R. 70, and modify the traffic signal with a new mast arm at the northeast corner of the intersection. 

Historically, FDOT issued a General Use Permit for such activities within their Right of Way.

Several years ago, FDOT changed their General Use Permit  issuance to standard Construction Agreement form.  The FDOT permit application has the standard form construction agreement within the document which needs to be completed at the time of permit application submission to FDOT.

The application for the above referenced project was first filed back in September 2015, has gone through all of FDOT's technical and General Counsel review, and is now ready to be issued.

On December 1, 2015, the BCC executed a Reimbursement Agreement for this Improvement with WAWA Florida, LLC, a Delaware Corporation, to design and construct the above improvement and the County will reimburse the developer.  The agreement contemplates that this Roadway Improvement is to be constructed in conjunction with the Developer's Project (WAWA Store at S.R. 70 and Lockwood Ridge).  WAWA has begun their project and is waiting for this FDOT permit to fulfill their requirement; therefore, this has become an urgent matter.

Public Works CIP Improvement Projects on our major roadway routinely involve construction activity within FDOT Right of Way which in turn results in execution of this new FDOT standard Construction Agreement.   As a result of FDOT new procedures, we prepared a request for legal services requesting the creation of a resolution that provides staff authorization to execute such agreement.  Thereafter the BCC adopted Resolution R-11-014 providing the County Administrator or any of his individual designees to execute.  See attached.

This year, County Attorney review of Resolution R-11-014 resulted in the opinion that this resolution is not an appropriate tool for execution of such agreement; we will be working with the CAO to rescind the resolution and perhaps create a new resolution that will provide the same.  The existing FDOT Standard Form Agreement is set up for execution by a "Construction Coordinator."  To go back to FDOT and request to revise their State Wide Form Agreement is time consuming and, due to the circumstances described above, staff is seeking BCC approval of this agreement.

We also have a CDBG sidewalk project with the same exact scenario, for which we will be seeking BCC approval during the March meeting.

County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

No Board Records action required.

Cost and Funds Source Account Number and Name
$271,909, WaWa Reimbursement Agreement, approved by BCC on 12/1/15

Amount and Frequency of Recurring Costs

Attachment:  FDOT Construction Agreement 2015-C-194-4-Signalization Plans for S.R. 70 at Lockwood Ridge Rd-45th St E.pdf
Attachment:  R-11-014.pdf