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FDOT sidewalk still concerns city officials

FDOT sidewalk still concerns city officials

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

UPDATED JAN. 14, 2022 – BRADENTON BEACH – City officials are not yet willing to accept the maintenance responsibilities for the brick paver sidewalk the Florida Department of Transportation (FDOT) installed along Gulf Drive North.

Before doing so, the city commission wants the city’s contracted engineering firm, Colliers Engineering, to conduct an independent review of the FDOT project.

Using large brick pavers, the sidewalk was installed in the FDOT-owned right of way along the eastern side of Gulf Drive North, from the S-curve at Avenue C to 10th Street North. The installation began in early October.

FDOT sidewalk still concerns city officials
Installation of the brick paver sidewalk took place near the Runaway Bay condominiums in October. – Joe Hendricks | Sun

During the Thursday, Jan. 6, city commission meeting, Mayor John Chappie said Public Works Director Tom Woodard received an email stating FDOT accepted the project as finalized.

“We weren’t there to do the final inspection,” Chappie said. “We still have items that we haven’t received yet. I think it’s a perfect opportunity for us to use Colliers and their expertise to look at this and determine the quality of work done and what we’re getting into if the city accepts this. I’m not satisfied with it. I have concerns about the public safety. I’m concerned about the unevenness. It only takes a little bit of a misstep and you’re flat on your face.”

Woodard told the commission he received an invitation to attend the Dec. 14 walkthrough but he was unavailable that day. He said he was informed of a second walkthrough, which he believed was later canceled. Woodard said he also received an email stating FDOT had accepted the sidewalk project as finalized.

Chappie said the city has asked FDOT’s project team for copies of its as-build plans, earthwork records and soil compaction tests.

“In my opinion, if you’re in a FDOT right of way you have to have compaction tests,” Chappie said.

Woodard said he wasn’t sure whether the FDOT contractor did soil compaction tests for the sidewalk project. He noted compaction tests are often used when installing crosswalks and parking areas subject to heavy vehicular traffic.

FDOT response

On Tuesday, Jan. 11, The Sun received the following email response from FDOT Communications Specialist Adam Rose.

“The department invited the city of Bradenton Beach to both the 90% walkthrough of the project that took place on 12/14/2021 and the 100% final walkthrough that took place on 12/27/2021. The city did not have a representative that was present during those walkthroughs, nor did we receive any requests for rescheduling or cancelation. Working with local governments is important to the department and we always look forward to finding the best solutions facing the communities we serve,” Rose stated in his response.

Lingering concerns

Chappie noted the city, in September 2020, entered into an agreement with FDOT to maintain and repair the completed sidewalk. City Attorney Ricinda Perry said former City Engineer Lynn Burnett brought the proposed FDOT project to the city but she and her LTA Engineers firm are no longer involved with the project.

FDOT sidewalk still concerns city officials
A sample of the oversized brick pavers, on the left, was presented to the city commission in May. – Joe Hendricks | Sun

In May 2021, the commission was presented with a sample of the oversized brick pavers to be used for the sidewalk project, which at that time raised concerns. While the installation was underway in October, the commission expressed concerns about potential tripping hazards and the manner in which the brick pavers were being installed.

Woodard told the commission he shares the mayor’s concerns.

FDOT sidewalk still concerns city officials
The sidewalk installation required repairs to the adjacent bike lane. – City of Bradenton Beach | Submitted

“I don’t have an issue with sweeping it once we have a sweeper. My issue is with the work that was done in the bike lane and adjacent to the bike lane. It’s a patchwork of asphalt. I just don’t have a lot of confidence in it. If they wanted to continue to maintain the bike lanes and the striping and the asphalt, I don’t have a problem with that, but that’s not what the agreement was,” Woodard said.

FDOT sidewalk still concerns city officials
Asphalt from the bike lane patches can be found in the spaces between the brick pavers. – City of Bradenton Beach | Submitted

When contacted later, Woodard explained that in some places there’s asphalt from the bike lane patches in the spaces between the pavers, which inhibits rainwater from draining into the drainage system below.

“We were excluded from the final sign-off, yet the city is contractually obligated for maintenance in the future,” Perry said. “If we feel this is not built to standards that are in the best interest of Bradenton Beach, and provide health, safety and welfare for the folks using it, we need something to back that up in order to address the legal obligations in the contract for maintenance. Having a professional opinion prepared by an engineering firm puts the city in the best position of strength.”

Commissioner Jan Vosburgh asked Perry if the city can be held responsible if someone is injured while using the new sidewalk.

“Right now it is in the FDOT right of way, it is a FDOT project and FDOT is claiming that it was done to the proper standards that would eliminate falls and hazards to the public using it,” Perry said.

Perry noted that in a litigious society the city could still be named in a lawsuit if a sidewalk user is injured while the maintenance responsibilities are being resolved.

Vosburgh asked if the sidewalk responsibilities can be legally transferred to FDOT. Perry said the only legal approach she sees at this juncture is to make a claim that the completed project is outside the scope of what the city accepted in the signed agreement; or that the completed project does not satisfy the city’s safety requirements because the city considers the sidewalk to be unfinished and unsafe.

“I can’t get to that step until I feel I have the evidence to support the city, and that evidence I’m asking for is an engineering review,” Perry said.

Perry recommended the commission adopt a motion that formally states the city is postponing its final acceptance of the FDOT project until all requested documents have been received from FDOT and an independent review has been conducted by Colliers Engineering.

The commission adopted the recommended motion after first adopting a separate motion authorizing Colliers to perform the requested engineering review, and to also review two unrelated potential grant-funded projects at a total cost not to exceed $10,000. One of the additional engineering reviews pertains to a potential Gulf Drive North landscaping project and the other pertains to a stormwater-related hazard mitigation grant.

The commission passed a third motion directing Perry to prepare a legal opinion regarding the city’s maintenance obligations for the new sidewalk.

As of late Monday morning, FDOT had not provided comment to The Sun regarding the city’s concerns.

FDOT sidewalk project concerns Bradenton Beach officials

FDOT sidewalk project concerns Bradenton Beach officials

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – City officials share some lingering concerns about the permeable brick paver sidewalk the Florida Department of Transportation (FDOT) is installing along Gulf Drive.

The concerns include potential safety and tripping hazards and the city’s future liability and maintenance responsibilities.

Funded and supervised by FDOT, the sidewalk project calls for the replacement of the existing concrete sidewalk along Gulf Drive North, from Ninth Street North to the s-curve near the south end of Avenue C.

The larger, permeable pavers being used for the FDOT sidewalk project are approximately a foot thick and are much thicker than standard-sized brick pavers. It’s hoped the thicker pavers will provide greater stability and durability alongside the heavily traveled state road and state-owned right of way.

FDOT sidewalk project concerns Bradenton Beach officials
In May, a comparative example of the larger-sized brick pavers (on the left) was provided to city commission members. – Joe Hendricks | Sun

According to the post-project maintenance agreement with FDOT which Mayor John Chappie, City Clerk Terri Sanclemente and City Attorney Ricinda Perry signed in September 2020, the city will be responsible for the future maintenance of the FDOT-installed sidewalk.

According to the agreement, “It is understood and agreed by the parties that upon completion of the project, the local agency (the city of Bradenton Beach) shall be responsible, at its costs, for maintenance of said project. Maintenance items to be maintained by the local agency shall include, but not be limited to: removal of graffiti, pervious pavers and aesthetic features. The local agency shall maintain pavement surfaces free from residue accumulation, algae, vegetation and other slip or trip hazards. The local agency shall sweep, vacuum, edge and provide weed control along the project corridor from 10th Street to Avenue C, only at the permeable brick paver locations. The local agency shall ensure the safety of the public by repairing shifted pavers and maintaining the permeable brick pavers and any other safety features within the project corridor. The local agency shall maintain and repair the permeable brick pavers at its sole cost and expense, in a good and workmanlike manner and with reasonable care.”

Before entering into the agreement with FDOT, the mayor, city commissioners, public works director and city attorney expressed concerns about the use of the oversized pavers and the ongoing maintenance responsibilities and costs to be incurred by the city.

Chappie addressed the city’s ongoing concerns during the Thursday, Oct. 7 city commission meeting.

“It’s not what we expected. We don’t really have high expectations of how successful it’s going to be. We have put FDOT on notice of our grave concerns with regards to safety, the tripping hazards and how it’s being installed. We don’t want to increase any extra liability on our city for something FDOT is doing,” Chappie told the commission.

“I worry about pavers. You are going to trip on pavers. They can’t be even all the time,” City Commissioner Jan Vosburgh added.

“It’s their right of way, their sidewalk,” Chappie responded.

FDOT sidewalk project concerns Bradenton Beach officials
Mayor John Chappie is among those concerned about the new sidewalk being installed by FDOT. – Joe Hendricks | Sun

Chappie noted Public Works Director Tom Woodard had communicated the city’s concerns to FDOT officials. Woodard emailed FDOT Construction Project Administrator Chris McInnis on Monday, Oct. 4.

“I just wanted to touch base with you about the sidewalk replacement/brick installation project, as a few concerns with the installation have been brought to my attention. I just need to be sure that correct installation oversight and inspection is taking place? The brick appears to be wavy with some potential trip hazards. I’m sure the abundant groundwater and with the weight/size of the bricks it makes for a difficult installation, but we need to be sure we get the best end result possible,” Woodard stated in his email.

In the response he sent Woodard that day, McInnis wrote, “The installation of the pavers are being installed per plan and manufacturer specifications. The contractor is doing their best to provide a quality product. The contractor and I have been working close together in making sure that all the concerns of the department, county and Bradenton Beach are mediated. Any and all concerns regarding the safety of the finished product will be addressed.”

After receiving a copy of that email exchange, Chappie sent Woodard an email that said, “Thanks for putting FDOT on notice of our grave safety concerns. This type of design, using blocks, have inherent challenges with installation. Thanks for staying on top of this project.”

Cell tower panel failure revives safety concerns

Cell tower panel failure revives safety concerns

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News, Featured.

BRADENTON BEACH – An exterior panel fell off the cell tower in Bradenton Beach on June 15 and the tower again requires repairs and panel upgrades.

Erected in 2015 and located on property leased from the city of Bradenton Beach, the cell tower is privately owned and operated by SBA Communications.

The latest panel failure again raises concerns for city officials and Bradenton Beach Marina President Mike Bazzy. On Tuesday, June 15, Bazzy addressed his concerns in a letter sent to Mayor John Chappie and others. The letter contained photos of the recent and previous panel failures.

Cell tower panel failure revives safety concerns
The missing panel will eventually be replaced by another panel that is expected to be more secure. – Joe Hendricks | Sun

“I need your help. Today, a panel of the cell phone tower fell off the structure and landed on my property. The panel landed approximately 100 feet northeast of the tower. It landed on a walkway in the boatyard. Fortunately, no person was hit by the panel as it fell,” Bazzy’s letter said.

“The panels are 12 feet long and 4 feet wide. That is 50% larger than a sheet of plywood. And these objects are falling from a great height. If a panel falls from the tower and strikes a person, it will result in severe injury or death. This cell tower is a clear safety hazard to persons and property in the vicinity. We have had several near misses over the years. How long will we continue to accept this hazard?” Bazzy wrote.

Bazzy’s letter noted that in April 2015 a tower panel fell and landed on the Public Works property. Later that month, another panel fell and landed in front of the marina office. In September 2017, four panels fell off of the tower – one landed on a boat in the marina boatyard, another landed on Bazzy’s southern property line and two more landed on Church Avenue. Another past incident resulted in a tower panel landing on the roof of the Public Works building and another resulted in a panel landing on a nearby home.

Cell tower panel failure revives safety concerns
In 2017, a panel from the cell tower landed on a yacht in the marina boatyard. – Mike Bazzy | Submitted

Bazzy’s letter acknowledged the city doesn’t own the cell tower and is not responsible for its construction or maintenance, and that SBA carries its own liability insurance and SBA’s agreement with the city includes hold harmless language that relieves the city of liability.

“If we keep ignoring the danger the cell tower presents to residents, pedestrians, vehicles and other property, we are going to have a tragic accident on our hands at some point in the future. Please take steps to stop this from happening again, and please take strong measures to force the cell phone tower company to improve public safety,” Bazzy requested in his letter.

Commission discussion

The city commission discussed Bazzy’s concerns on Thursday, June 17.

City Attorney Ricinda Perry said she, Chappie, and Public Works Director Tom Woodard already met with SBA representative Ray Bryant to discuss this ongoing safety hazard. According to Perry, they were told hurricane tape and additional clips would be placed on the tower panels as a temporary measure.

“To which we said, ‘You’ve had over six incidents with this. Is this you spitballing an idea or is this you consulting with an engineer and coming up with an actual solution to the problem?’ ” Perry said.

She noted a similar cell tower was constructed in Anna Maria around the same time and that tower is not experiencing panel failures. She said the Bradenton Beach tower is located in an area with significant pedestrian traffic, parking tram stops, the Public Works building and the marina.

“This is unacceptable. It cannot happen again,” she said.

Perry said SBA plans to use a drone to examine the tower and have an engineer analyze the panels and installation methods.

“An engineer’s going to have to sign off on this. We can’t put up with these little fixes anymore,” Chappie said.

“It’s dangerous,” Commissioner Jake Spooner added.

Commissioner Ralph Cole said the tower components need to withstand the salt-air environment.

“There’s really no excuse for those things to fall off,” he said.

Regarding the latest failure, Woodard said, “I can look at that panel and it’s been taped back together. It’s not right.”

Woodard requested the panel that broke loose not be reattached to the tower. Woodard said another SBA representative told him the past two panel failures were the result of “installer error,” and that could have caused the latest failure too.

Perry noted the cell tower panels are supposed to be all the same color, and they are not. She said SBA is willing to make that happen.

Cell tower panel failure revives safety concerns
Round bands were used to secure the Anna Maria cell tower in 2018 after that tower’s panel failure. – Joe Hendricks | Sun

When contacted later in the week, Woodard said he was told the tower will be equipped with white panels that will be secured with the same security bands installed on the Anna Maria tower in 2018 after that tower’s panel failure. Woodard expects it will be a couple of months before the repairs are completed.