Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 20-R122, A Resolution of the City Council of the City of Port St. Lucie, Florida, Authorizing the City Manager to execute the State of Florida Department of Transportation Utility Work by Highway Contractor Agreement, necessary to relocate the City’s utility facilities for the public purpose of constructing and improving Port St. Lucie Boulevard from Alcantarra Boulevard to Darwin Boulevard; Providing for severability; Providing an effective date.
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Submitted By: Brad Macek, Utility Systems Department
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: State of Florida Department of Transportation
2. Parties: City of Port St. Lucie Utilities Systems Department and Public Works
3. Purpose: FDOT road widening of Port St. Lucie Boulevard South - Utility Highway Contractor Agreement
4. New/Renewal/Modified: New
5. Duration: N/A
6. Benefits to Port St. Lucie: DOT
7. Cost to Port St. Lucie (Annual and Potential): Estimated cost of utility work for this phase is $1,603,326.55.
Presentation Information: The FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Port St. Lucie Blvd from South of Alcantarra Blvd. to South of Darwin Blvd. and the City (“UAO”) owns or desires to install certain utility facilities which are located within the limits of the Project. The Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the City’s utility facilities, or some combination thereof. The FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT’s contractor as part of the construction of the Project. The UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work.
Staff Recommendation: Move that the Council complete the motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete the motion in the affirmative.
2. Move that the Council not approve and provide staff with direction.
Background: The utility work to be performed under this agreement consists of water and sewer infrastructure utility work for the City of Port St. Lucie as itemized below per plans dated August 7, 2020 by Holtz Consulting. Utility work will include the replacement of approximately 1825 linear feet of 16” PVC water main, 2070 linear feet of 16” PVC force main, 90 linear feet of 12” PVC water main, 55 linear feet of 8” PVC water main, 540 linear feet of 6” PVC water main, 580 linear feet of 6” PVC force main, 1610 linear feet of 4” PVC force main, 755 linear feet of 3” PVC force main, 375 linear feet of 2.5” PVC force main, 70 linear feet of 2” PVC force main, 455 linear feet of 2” PVC water main, six (6) 16” gate valves, seven (7) 16” tapping saddles, one (1) 12” gate valve, one (1) 8” gate valve, four (4) 6” gate valves, two (2) 4” gate valves, two (2) 3.5” ball valves, fittings and restraints, removal and disposal of existing and abandoned mains, 15 sample points and two (2) new fire hydrant assemblies.
Issues/Analysis: At least thirty (30 ) calendar days prior to the date on which the FDOT advertises the Project for bids, the City (UAO) will pay to the FDOT an amount equal to the FDOT’s official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances);
plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for
changes to the Utility Work during the construction of the Project (the Contingency Fund).
Financial Information: Estimated cost of utility work for this phase is $1,603,326.55, budgeted in the CIP for the Utility Systems Department. FDOT is requiring the City to enter into a Three Party Escrow Agreement where deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT’s Comptroller or designee.
Special Consideration: Entering into this agreement is necessary for the FDOT to proceed with the road widening project.
Location of Project: Port St. Lucie Boulevard from Alcantarra Boulevard to Darwin Boulevard
Attachments: Resolution, Utility Work by Highway Contractor Agreement and its Attachments
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 5302
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.