Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Highway Construction & Engineering
Information
Requested Action
title
A. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the Florida Department of Transportation's NW 21st Avenue improvement project from NW 26th Street to SR-870/Commercial Boulevard, at an estimated cost of $8,160 to the County; and authorize Mayor and Clerk to execute same. (Commission District 8)
ACTION: (T-11:07 AM) Approved.
VOTE: 8-0. Commissioner Ryan was not present.
B. MOTION TO WAIVE permit requirement for construction in County right-of-way (Chapter 25, Exhibit 25.A of the Broward County Administrative Code) for the Florida Department of Transportation’s NW 21st Avenue improvement project from NW 26th Street to SR-870/Commercial Boulevard. (Commission District 8)
ACTION: (T-11:07 AM) Approved.
VOTE: 8-0. Commissioner Ryan was not present.
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Why Action is Necessary
A. Board of County Commissioners' approval is required to enter into a legal agreement with the Florida Department of Transportation.
B. Board of County Commissioners' approval is required to waive the permit requirement for construction in County right-of-way.
What Action Accomplishes
A. Establishes the responsibilities of the County and the Florida Department of Transportation regarding improvements on NW 21st Avenue from NW 26th Street to SR-870/Commercial Boulevard.
B. Allows the Florida Department of Transportation to make improvements to NW 21st Avenue from NW 26th Street to SR-870/Commercial Boulevard without securing a permit from Highway Construction and Engineering Division.
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Previous Action Taken
None
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On August 25, 2022 (Item No. 5), the Board of County Commissioners adopted Resolution No. 2022-354 supporting the NW 21st Avenue improvement project in partnership with the Broward Metropolitan Planning Organization and the Florida Department of Transportation to enhance bicycle and pedestrian safety along NW 21st Avenue from NW 26th Street to SR-870/Commercial Boulevard in Broward County (Exhibit 2).
NW 21st Avenue from NW 26th Street to SR-870/Commercial Boulevard is a County road within the Cities of Oakland Park, Fort Lauderdale and Tamarac. The project is a collaborative effort among Broward County, the Broward Metropolitan Planning Organization (MPO), and the Florida Department of Transportation (FDOT). As part of these cooperative efforts, FDOT will manage design and construction administration, MPO will provide grant funding for construction, and Broward County will continue to own and maintain the roads in the County’s jurisdiction after construction of the proposed road improvements.
The improvements along NW 21st Avenue from NW 26th Street to Oakland Park Boulevard include installation of raised median islands in the center two-way left turn lane creating a two-way divided roadway; milling and resurfacing; sidewalk improvements; widening the existing bicycle lanes from 4.5 feet to 5 feet by reducing the width of the travel lanes from 12 feet to 11 feet; and providing continuous green marking to bicycle lanes along with other signing and pavement marking improvements. Meanwhile, the improvements along NW 21st Avenue from Oakland Park Boulevard to SR-870/Commercial Boulevard only include providing continuous green marking to the existing bicycle lanes with the rest of the road remaining unchanged. This project will be implemented with no change to the number of vehicular travel lanes.
The County's Complete Streets Team has reviewed the proposed project improvements and supports the implementation of this project estimated at $3.1 million to be funded through MPO for Federal Aid participating items only. The estimated cost to the County is $8,160 for Federal Aid non-participating items, such as mowing and litter removal. Although there is no specific cap on unknown or unanticipated Federal Aid non-participating costs to be borne by the County, FDOT has performed several other projects of similar type and scope, and the County has not been required to pay any cost for any Federal Aid non-participating items.
Motion A seeks Board approval of a Highway Maintenance Memorandum of Agreement for the NW 21st Avenue improvement project (Exhibit 1). This Agreement allows FDOT and its contractors to enter County right-of-way and construct the project. Additionally, the Agreement provides for cooperation between FDOT and County to address utilities and unforeseen conditions. It also requires the contractor to include Broward County as an additional insured party on all insurance policies that are required by FDOT in the contractor's performance of the work. In turn, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the County shall indemnify FDOT for any violations by the County and by the County’s contractor, if any, of any permits issued to FDOT or jointly to the County and FDOT after construction of the project is completed.
Motion B seeks Board approval to waive the permit requirement of the Broward County Administrative Code, Chapter 25, Exhibit 25.A for the NW 21st Avenue improvement project. FDOT is requiring Broward County to waive this permit requirement to be consistent with its management of similar projects with other governmental agencies. Staff from the Highway Construction and Engineering Division participated in the plan review process. Furthermore, FDOT's contracting and construction procedures are substantially equal to the County's requirements and provide adequate protection for the public.
The Agreement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Richard C. Tornese, P.E., Director, Highway Construction and Engineering Division, (954) 577-4579
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 577-6410
Fiscal Impact
Fiscal Impact/Cost Summary
The estimated cost to the County is $8,160 for Federal Aid non-participating items such as mowing and litter removal to be paid with Constitutional Gas Tax Capital Fund.