Fort Walton Beach Resolution — 2023-08 FDOT Utility Work Agreement-Brooks Bridge Replacement — reading text

RESOLUTION 2023-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CONFIRMING AUTHORIZATION TO COLLECT $916,345.24 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO THE UTILITY FUND AS REIMBURSEMENT TO COMPLETE UTILITY WORK FOR FPID NO. 415474-2; PROVIDING FOR TRANSMITTAL OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to construct or improve State Road No. 30 (US 98), Financial Project No. 415474-2, in Okaloosa County; and WHEREAS, as a part of previous subordination of City utility interests to the FDOT as apart of City of Fort Walton Beach Resolution 2020-4 and 2022-10; and WHEREAS, for FDOT to proceed with Project No. 415474-2, and to adjust the City utilities in the right-of-way, it is necessary for the City of Fort Walton Beach to execute and deliver to FDOT the agreement identified as Utility Work Agreement (FDOT Participating in Expense); and WHEREAS, FDOT has estimated the reimbursable cost for the work to modify the City’s utilities to be $916,345.24 based on the proposal from Superior Construction Company Southeast, LLC dated March 31, 2023. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH: Section 1. City of Fort Walton Beach Authorization and Direction The City Council of the City of Fort Walton Beach, Florida authorizes the Mayor to execute and deliver to FDOT the Utility Work Agreement (FDOT Participating in Expense) (FPID No. 415474-2) for relocation of City utilities in FDOT right-of-way, Section 2. Transmittal of Resolution Upon City Council approval of this Resolution, the adopted Resolution will be forwarded to the FDOT for consideration. Section 3. Effective Date This Resolution shall become effective upon adoption by City Council and signature of the Mayor. RESOLUTION 2023-8 Adopted: Maus ie! 5 BO da md Attest: DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 Florida Department of Transportation RON DESANTIS 605 Suwarnee Street JARED W. PERDUE, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY 06/02/2023 | 10:47 AM EDT Mr. Daniel Payne, P.E. CITY OF FORT WALTON BEACH 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 Subject: Fin. Proj. No.: 415474-2-56-02 FAP No.: N/A County: Okaloosa Description: S.R. 30 (U.S. 98) Brooks Bridge Replacement (Design Build Project) Contract No.: ASW58 Parcel No(s).: 100.7, 105.4CS, 107.3R, 119.2 and 122.2 Dear Mr. Payne: The enclosed Reimbursable Utility Work Agreement in the amount of $916,345.24 has been approved by the Department for Parcel Numbers 100.7, 105.4CS, 107.3R, 119.2 and 122.2 where you subordinated your easements. You may consider this your authorization to proceed with the work under the direction of the Project Manager. Your company is required to contact the Project Manager, Mr. Evan Lawrence at (352) 258-2288, 48 hours prior to beginning this work. After completing the relocation of your facilities, please forward your invoice to this office for further handling with the Department. If we can provide any assistance, please advise. Sincerely, DocuSigned by: Katey Oynore 2BBF93B9312842C... Kathy Ozmore ASSISTANT AREA UTILITY MANAGER FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT THREE ce: Jenee Floyd, Tracy Walls & Beckie Crawford (FDOT-Dist. Finance Dept.) Jonathan Harris (FDOT-District Utility Administrator) Eric Saggars, P.E. (HNTB-Project Manager) Evan Lawrence (Superior-Project Manager) Matt Durshimer, P.E. (WSP-Project Manager) Glenn Peterson, P.E. (Eisman & Russo-FDOT CED) Colby Brown, P.E. (GPI-Utility Coordination Manager) Hector Castro, P.-E. (VIA Consulting-FDOT Utility CED Chris Davis, PE. (WSP-Engineer of Record) Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 Page 2 Ian Lindsay (Superior-Construction Project Manager) File 415474-2-56-02 DocuSign Envelope ID: 13568854-D02E-4D60-A472-F A1 1EDE67AC6 To: KATHY.OZMORE@ATKINSGLOBAL.COM FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL ASW58 5/8/2023 CONTRACT INFORMATION _ ASW5E _ AE - UTILITIES RELOCATION (UTIL RELOC) _R-RAILROAD/UTILITIES AGREEMENT / CITY OF FORT WALTON BEACH _ F596000323001 _ 05/09/2023 _ 05/08/2027 “ct = $916,345.24 _ Subordinated easements and have to relocate their facilitiesto avoid conflicts. FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 5/8/2023 Actio Original Original APPROVED APPROVED 55033020352 55033020352 AE AD 139900 139900 $166,345.24 $750,000.00 41547425602 41547425602 216 216 2023 2023 55150200 55150200 | [088799/23 088799/23 0001 0001 00 01 __ [0001/04 0002/04 Total Amount: $916,345.24 Page1 of 1 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 RESOLUTION 2023-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CONFIRMING AUTHORIZATION TO COLLECT $916,345.24 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO THE UTILITY FUND AS REIMBURSEMENT TO COMPLETE UTILITY WORK FOR FPID NO. 415474-2; PROVIDING FOR TRANSMITTAL OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to construct or improve State Road No. 30 (US 98), Financial Project No. 415474-2, in Okaloosa County; and WHEREAS, as a part of previous subordination of City utility interests to the FDOT as apart of City of Fort Walton Beach Resolution 2020-4 and 2022-10: and WHEREAS, for FDOT to proceed with Project No, 415474-2, and to adjust the City utilities in the right-of-way, it is necessary for the City of Fort Walton Beach to execute and deliver to FDOT the agreement identified as Utility Work Agreement (FDOT Participating in Expense); and WHEREAS, FDOT has estimated the reimbursable cost for the work to modify the City’s utilities to be $916,345.24 based on the proposal from Superior Construction Company Southeast, LLC dated March 31, 2023. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH: Section 1. City of Fort Walton Beach Authorization and Direction The City Council of the City of Fort Walton Beach, Florida authorizes the Mayor to execute and deliver to FDOT the Utility Work Agreement (FDOT Participating in Expense) (FPID No. 415474-2) for relocation of City utilities in FDOT right-of-way. Section 2. Transmittal of Resolution Upon City Council approval of this Resolution, the adopted Resolution will be forwarded to the FDOT for consideration. Section 3. Effective Date This Resolution shall become effective upon adoption by City Council and signature of the Mayor. DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 RESOLUTION 2023-8 AteSt JF& ao —_ LID Ca. st aga Kim M Barnes, City Clerk DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 STATE OF FLOSS DEPARTMENT OF TR AMSEC TA TIC Form No 740-0400 UTILITY WORK AGREEMENT UTILITIES (FOOT PARTICIPATING IN EXPENSE) 10/04 Financial Project (D: 415474-2-56-02 Federal Project (D: N/A County: Okaloosa State Road No.: 30 District Document No: Utility Agency/Owner (UAO}: CITY OF FORT WALTON BEACH ASW58 06/02/2023 | 10:47 AM EDT THIS AGREEMENT, entered into this day of _ year of . by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and CITY OF FORT WALTON BEACH, hereinafter referred to as the "UAQ": WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the “Facilities,” (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service): and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as SR. 30 (US 98) Brooks Bridge Replacement, State Road No.30, hereinafter referred to as the "Project". and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work". and WHEREAS, the UAO. in accordance with and subject to the limitations of the terms and conditions of this Agreement, is entitled to be reimbursed for some portion or all of the Utility Work: and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: i. Performance of Utility Work a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the “Schedule"), the plans and specifications for the Utility Work which have been previously approved by the FDOT (the "plans’), said Plans being incorporated herein and made a part hereof by this reference, and the detailed cost breakdown for the Utility Work (the “estimate”) previously prepared. Ifthe Schedule, the Plans, and the Estimate have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOT’s approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAQ shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule nor the Plans nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans, Schedule, or Estimate (including location of the Facilities and the proper inclusion of all Page 1 of 10 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 STATE GF FLORIS DEPARTMENT OF TRANGDOR TATION Form No. 740-010-54 UTILITY WORK AGREEMENT UTILITIES (FDOT PARTICIPATING IN EXPENSE) Facilities as part of the Utility Work as stated above), failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. All Utility Work shail be performed by the UAO’s own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT’s Engineer (as that term is defined by the FDOT’s Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shail be responsible for coordinating and cooperating with the FDOT’s Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT’s engineer shall determine are necessary for the prosecution of