Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R128, A Resolution Approving Highway Contractor Agreement with State of Florida Department of Transportation for Midway Road Widening
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Submitted By: Stefanie Beskovoyne, Deputy Director, Utility Legal Affairs
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 (“FDOT”)
2. Parties: City of Port St. Lucie Utility Systems Department and FDOT
3. Purpose: The FDOT is designing and constructing the Midway Road improvements west of Jenkins Road to Selvitz Road (Project #231440-5-56-02). This Utility Work by Highway Contractor Agreement (“UWHCA”) and related three party escrow agreement are necessary to facilitate reimbursement to the state for the cost to relocate the Utility’s facilities.
4. New/Renewal/Modified: New
5. Duration: As of now, the letting date of this project is in early 2025; however, there is a possibility that project will be advanced if funding becomes available. City funds will be due 15 days prior to the ship date of the plans to Tallahassee (currently April 21, 2025), or if the project gets advanced, City funds will be due 15 days prior to the new Tallahassee ship date. The Project Manager will notify the city if the project is advanced.
6. Benefits to Port St. Lucie: The project widens the existing two-lane road to a four-lane divided road, adding a 7-foot buffered bike lane on both sides of the roadway and a 12-foot bicycle/pedestrian path on the south side.
7. Cost to Port St. Lucie (Annual and Potential): Estimated one-time expense to the City of $542,138.00.
Presentation Information: N/A
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 FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor on Midway Road (west of Jenkins Road to Selvitz Road) and the City (referred to in the Agreement as the Utility Authority or “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.
Issues/Analysis: At least forty-five (45) calendar days prior to the date on which the FDOT advertises the Project for bids, the City 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 $542,138.00, 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. Section 3(d) of the escrow agreement states that payment of the funds will be made as provided in the escrow agreement.
Special Consideration: The highlighted dates are the critical path to meeting the Department’s project commitment to Central Office-Tallahassee. The FDOT needs the signed UWHC Agreement at least two (2) weeks before Production date or 11/1/21. The Utility Certification will also be issued as soon as (signed) UWHCA is received from the City. UWHCA amount of $542,138 will be at the City’s expense and participation.
Location of Project: Midway Road (West of Jenkins Road to Selvitz Road)
Attachments:
1. Resolution
2. Exhibit “A” to Resolution - Utility Work by Highway Contractor Agreement and Three-Party Escrow Agreement
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: 7223
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.