Fort Walton Beach Resolution — 2026-15 Authorizing $26,400 to FDOT for Utility Work on SR 189 — reading text

RESOLUTION 2026- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CONFIRMING AUTHORIZATION TO PROVIDE UP TO $26,400 FROM THE UTILITY FUND TO FLORIDA DEPARTMENT OF TRANSPORTATION AS CONTRIBUTION TO COMPLETE UTILITY WORK FOR FPID NO. 411403- 2- 52- 02; 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. 189 ( Beal Parkway), Financial Project No. 411403- 2- 52- 02, in Okaloosa County; and WHEREAS, the City of Fort Walton Beach owns certain utility facilities which are located within FDOT right-of-way and the FDOT requires minor modifications to the existing utilities; and WHEREAS, for FDOT to proceed with Project No. 411403- 2- 52- 02, 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 cost for the work to modify the City' s utilities to be $ 26,400 and is based on the number of manholes and valve boxes maintained by the City in the FDOT right-of-way. 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. 411403- 2- 52- 02) 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 ! t - 15 Adopted: Aurue 1- a 5, O a_14 Nic Allegretto, Nr, or- Attest: Approved a to 1-;, al form and sufficiency for the C of '. . . lton Beach, only. 1" .- P.-)al. L-„, ft... 1A-....---) iild Kim . Barnes, City Clerk Jeffrey . : . 1 s, City Attorney 011, , AtLTa+ 0 mow. y'.`.--} tom. 1'' _  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710- 010- 57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/ 14 Financial Project ID: 411403- 2- 52- 02 Federal Project ID: Funded Financial Project ID: Financial Project ID: Financial Project ID: County: Okaloosa State Road No.: 189 District Document No: Utility Agency/ Owner( UAO): CITY OF FORT WALTON BEACH 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" UAO"; WITNESSETH: WHEREAS, the UAO owns 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 189 from SR 30 ( US 98) to S of SR 393 ( Mary Esther Cutoff) , State Road No. 189, hereinafter referred to as the" Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT' s design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as " Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with 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: 1. Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT' s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO' s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least one eighty( 180) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of$ 26,400. 00 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. Page 1 of 5  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010- 57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/ 14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent( 10%) to cover the UAO' s obligation for the cost of the Utility Work as set forth in Section 337. 403( 1)( b), Florida Statutes. c. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d. Pursuant to Section 337. 403( 1)( b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2. a. above exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337. 11( 8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. 2) Pursue a claim for damages suffered by the FDOT. 3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. 4) Pursue any other remedies legally available. 5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403( 3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. 2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT- OWNED UTILITIES: Page 2 of 5  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010- 57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/ 14 To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to