Bradenton Area Convention Center One Haben Boulevard, Palmetto - Longboat Key Room 9:00 a.m. - September 29, 2020
REVISED - September 29, 2020 - Regular Meeting
Agenda Item #35

Execution of Impact Fee Credit and Reimbursement Agreement for Erie Road & U.S.301 Improvement Project


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

Action Requested
Authorization for Chairperson to execute the Impact Fee Credit and Reimbursement Agreement for Erie Road and U.S. 301 Improvement Project with Benderson Development Company for the improvements at U.S. 301 and Erie Road Intersection. 

Enabling/Regulating Authority
Manatee County, a political subdivision empowered pursuant to Section 125.01 and Section 336.02, Florida Statues, to undertake and fund development and construction of County roadways within its boundaries.  

Background Discussion

This agreement sets the terms for coordinating improvements at the intersection of Erie/Old Tampa Rd/US 301 associated with the development of the northeast corner of the intersection. This agreement will help make the upcoming work at the intersection and on Erie Rd less cumbersome to the public. Multiple needs are in play that on their own would involve separate construction projects and individual contractors. There is the existing Manatee County CIP project for Erie Rd, the needed improvements on Erie to account for all the development related needs associated with new entrances and turn lanes and FDOT has an upcoming resurfacing project on US 301 itself. The complicated part of matter is that the developer part overlaps the County project and the FDOT project. Thus the need for coordination.

The plan supported by this agreement is to have the Developer related improvements on US 301 incorporated into the FDOT project and for the Developer to include the Erie Rd related improvements along their frontage into their plans. The agreement provides the necessary funding, impact fee credit commitments and reimbursements to allow all projects to be completed without overlap of construction zones.

The Landowner has designed an improvement to the intersection of U.S.301 and Erie Road, north along Erie Road to a point of connection at the northerly boundary of the Landowner's parcel; the Florida Department of Transportation ("FDOT") also has an improvement planned to the intersection of U.S. 301 and Erie Road. 

The County and the Landowner desire to integrate the improvements planned by them with the improvements planned by FDOT; Landowner and its affiliates have planned improvements to nearby property that require payment by the County and Landowner are impact fee creditable if undertaken by Landowner; County has requested Landowner to undertake impact fee creditable work on the public roadways outside of the improvements planned by FDOT and to prepay excess impact fees to the County for a portion of the work to pass through to FDOT in a participation agreement between County and FDOT. 

The final design and final scope of the FDOT, County improvements and Landowner improvements is generally shown on the site plan attached to this Agreement as Exhibit "A".  The Landowner Improvements are depicted on the site plan as Landowner's Improvements. These are roadway improvements to be undertaken by the Landowner which are NOT impact fee creditable and are NOT reimbursable by the County.  Landowner's Creditable Improvements are the improvements to be undertaken by the Landowner which are impact fee creditable by the County as benefiting the County's transportation system.  Finally, there are Landowner's Reimbursable Improvements consisting of improvements to be undertaken by the Landowner on a reimbursable basis by the County.  The Landowner shall provide and furnish all services necessary for the Landowner's Improvements.  Landowner's Creditable Improvements, and Landowner's Reimbursable Improvements, pursuant to the Construction Plans, collectively "Landowner's Work" are incorporated by reference in this agreement as "Exhibit B", referring to PLN2008-0069.  

The Landowner has engaged in a competitive process to determine its primary construction contractor, with award of the scope of work to the lowest responsive, responsible bidder where the number of qualified bids were at least three (3).

The County shall reimburse the Landowner for the actual cost incurred.  The County's obligation to reimburse the Landowner shall not exceed the sum of $892,966 comprised of all the Bid prices and services included in "Exhibit C".  In addition to the reimbursement amount above, the County has agreed to reimburse the Landowner its reasonable costs of managing the Landowner's Creditable Improvements and Landowner's Reimbursable Improvements and of incorporating them into the Project, in an amount not to exceed $25,000.00.

The summary of the amounts covered by this agreement are:

  • $1,009,769 - Developer FDOT amount - creditable
  • $1,958,587 - Developer costs on Erie Rd - creditable
  •  $892,966  - Developer Builds County CIP/Erie Rd - direct reimbursement

There will be utility work associated with this project but those designs and costs have not been finalized and not included in this agreement. A separate agreement is expected to deal with utility adjustments and improvements.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return the executed, original agreement to the Public Works Department, attention Sia Mollanazar, P.E. County Engineer, Deputy Director - Engineering Services.

Please call Janice Haas, Administrative Project Coordinator, at 941-708-7462 to arrange pick-up of the original document.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Creekside_EngineersEstimate_9_8_20.pdf
Attachment:  SR43_60th to Erie_PH IIR_Engineers Estimate.pdf
Attachment:  CAO Comments- Erie Road _ US 301 Impact Fee Credit & Reimbursement Agreement; CAO Matter No. 2020-0445.pdf
Attachment:  Erie Rd Impact Fee Credit and Reimbursment Agreement (CAO Changes) rev TM 09.22.20.pdf
Attachment:  Erie Rd Impact Fee Credit and Reimbursement Agreement Clean 09.22.20 X-BC.pdf