Fort Walton Beach Resolution — 2022-26 Confirming Authorization up to $142,300 for FDOT Utility Work — reading text

RESOLUTION 2022- 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CONFIRMING AUTHORIZATION TO PROVIDE UP TO $ 142,300 FROM UTILITY FUND TO THE FLORIDA DEPARTMENT OF TRANSPORTATION AS CONTRIBUTION TO COMPLETE UTILITY WORK FOR FPID NO. 437366- 1- 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 30 ( US 98), Financial Project No. 437366- 1- 52- 02, in Okaloosa County; and WHEREAS, the City of Fort Walton Beach owns certain utility facilities which are located within the FDOT right-of-way and the FDOT requires minor modifications to the existing utilities; and WHEREAS, for FDOT to proceed with Project No. 437366- 1- 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 by Highway Contractor Agreement; and WHEREAS, FDOT has estimated the cost for the work to modify the City' s utilities to be $ 142, 300 and is based on the number of manholes and valve boxes maintained by the City in the FDOT right- of-way. NOW, Ti i EREFORE, .:' E 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 Highway Contractor Agreement ( FPID No. 437366- 1- 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. Adopted: —Dc cg,r,.. 1oer t3, a.c. iZ Qf Richard A. Rynearson, Mayor Attest: Approved for form, lel. . uificieric' ow' w, T j' 7-1-7 Kim . Barnes, City Clerk . _ i Dykes, Jr., arty Attorney 4RlDA DocuSign Envelope ID: 0D724902- 199B- 42A2-96A2- DB9246661 FDE FDOT; RON DESA\ TIS Florida Department of Transportation 605 Suwannee Street JARED W. PERDUE, P. E. GOVERNOR SECRETARY Tallahassee, FL 32399- 0450 12/ 15/ 2022 1 8: 01 AM EST Mr. Daniel Payne, P. E. CITY OF FORT WALTON BEACH 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 Subject: Fin. Proj. No.: 437366- Il- 52- 02 FAP No.: N/ A County: Okaloosa Description: S. R. 30( U. S. 98) from West of Josie Road to West of Brooks Bridge( Milling& !'' esnrfaacing) Dear Mr. Payne: Enclosed, please find an executed Utility Work by Highway Contractor Agreement( Lump Sum) to have the Hwy. Contractor adjust thirty( 30) manholes and sixteen( 16) valve boxes on the above- mentioned project. We will need your deposit in the amount of$ 142300.00 made payable to the Florida Department of Transportation by or before December 22, 2022. For security purposes, the Department strongly encourages payment by wire transfer and instructions are attached. Ifpayment by check is necessary, it should be mailed directly to Ms. Charmaine Small, LFA Section at the following address: Florida Department of Transportation, Office of Comptroller at 605 Suwannee Street, MS 42- B, Tallahassee, FL 32399.( Phone#( 850) 414-4885) This transaction is pursuant to section two of the agreement. The Finnaanciafl Project Number should be referenced on your transfer or check. If we can provide assistance, please advise. Sincerely, Docu8lgned by. Lo 2BBF93B9312842C... Kathy Ozmore ASSISTANT AREA UTILITY MANAGER FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT THREE ATKINS- 2065 Airport Blvd., Suite 400, Pensacola, FL 32504-( 850) 478- 9844 Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov DocuSign Envelope ID: 0D7249D2- 1998- 42A2- 96A2- D89246661 FDE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710-010. 57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07114 Financial Project ID: 437366- 1- 52- 02 Federal Project ID: N/ A Financial Project ID: Financial Project ID: Financial Project ID: County: Okaloosa State Road No.: 30 District Document No: Utility Agency/ Owner( UAO): CITY OF FORT WALTON BEACH 12/ 15/ 2022 18: 01 AM EST THIS AGREEMENT, entered into this day of year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the " FOOT," 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 30( US 98) from West of Josie Road to West of Brooks Bridne , State Road No. 30, 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 FOOT 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 FOOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The FOOT 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 sixty ( 60) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FOOT the amount of$ 142. 300. 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