Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 22, 2016
REVISED March 22, 2016 - Regular Meeting
Agenda Item #28

Florida Department of Transportation Agreement for 21st Street East Sidewalks


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 21st Street East Sidewalks 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

On December 4, 2014, the Neighborhood Services Department and the Public Works Department made a Memorandum of Understanding (MOU) for the administration of the project New Sidewalks on 21st Street East from US 41 North to 12th Avenue East in Palmetto, Florida.  The project was requested by the local school board and is located in a County Community Development Block Grant (CDBG) low/moderate income area, where no sidewalks exist.  CDBG funds will be used to fund the Project in the amount of $382,000.  The project is for construction of approximately 2,700 linear feet of new sidewalk along the north side of 21st Street East from US 41 North to 12th Avenue East.  Work shall include but not be limited to clearing and grubbing, grading, concrete sidewalk, storm sewer piping/extensions and structure retaining walls, minor utility relocation, and sodding.

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 Standard Construction Agreement for the project was first filed on October 21, 2015; it has gone through all FDOT Technical General Counsel Review and is now ready to be issued.  This agreement is between the State of Florida Department of Transportation and Manatee County Public Works for tying the new sidewalk at 21st Street with the existing sidewalk at US 41 right of way.

Public Works CIP Improvement Projects on our major roadways routinely involve construction activity within FDOT's right of way, which in turn results in execution of this new FDOT standard Construction Agreement.  As a result of new FDOT procedures, we prepared a Request for Legal Services for the creation of a resolution that provides staff authorization to execute such agreements.  Thereafter, the BCC adopted Resolution R-11-014, providing the County Administrator or any of his individual designees authority to execute these agreements.  See attached.

This year the CAO's review of Resolution R-11-014 resulted in the opinion that this resolution is not an appropriate tool for execution of such agreement.  Staff 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 they revise their Statewide form agreement is time consuming and, due to the circumstances described above, staff is seeking approval of this agreement.

On February 23, 2016, the BCC approved execution of the same FDOT Construction Agreement for signalization plans on S.R. 70 at Lockwood Ridge Road /45th Street East.

The project was Engineered and designed by CDBG consultants and has received all regulatory permits.  This is the last item before the project can proceed to Contractual Bid advertising.

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

Return the original agreement, submitted with agenda, to Sia Mollanazar, P.E. to be signed as authorized as the Construction Coordinator.  The signed agreement will be forwarded to FDOT for execution.  A fully executed original will be returned to Board Records. 

Please contact Sia Mollanazar, P.E., at ext. 7487, to arrange for delivery/pick-up of the original unexecuted document.

Cost and Funds Source Account Number and Name
Funds by Community Development Block Grant (CDBG)

Amount and Frequency of Recurring Costs

Attachment:  FDOT Construction Agreement - 2015-C-194-5 - 21st Street Sidewalk Plans 03072016.pdf
Attachment:  21st Street East Sidewalk - Construction Plans -Exhibit A of Agreement - 03082016.pdf