Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R62, a Resolution to Consider and Approve the Second Amendment to the Becker Road Construction Agreement with Riverland/Kennedy II, LLC.
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Submitted By: Diana Spriggs, P.E., Assistant Director, Public Works.
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: GL Homes and the City of Port St. Lucie
2. Parties: City of Port St. Lucie and Riverland/Kennedy II, LLC
3. Purpose: Include requirement for restoration of damage caused to Riverland Becker Road Section caused by FPL streetlighting installation in the Riverland Becker Road Construction Agreement (“Agreement”).
4. New/Renewal/Modified: Modified.
5. Duration: Until complete.
6. Benefits to Port St. Lucie: Protects City from expenses relating to any damage caused by FPL streetlighting installation.
7. Cost to Port St. Lucie (Annual and Potential): n/a
Presentation Information: Staff will answer questions upon request.
Staff Recommendation: Move that the Council approve the Second Amendment to the Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Second Amendment to the Agreement.
2. Move that the Council not approve the Second Amendment to the Agreement and provide staff with direction.
Background: The current Agreement allows for the subject roadway to be considered complete prior to the installation of streetlights by FPL, and the City’s FPL Streetlight agreement places the onus upon the City to restore areas disturbed by streetlight installation. Generally, initial streetlight installation should be completed prior to road turnover, but in this case was not. The City’s Engineering Standards and Codes provide, inter alia, that completion of initial streetlight installation functions as condition precedent to the City’s obligation for roadway acceptance, creating competing interpretations and positions between the City and GL Homes of what should happen next. Competing positions and interpretations notwithstanding, City Staff and GL Homes negotiated a condition to roadway acceptance that would address the City’s interest in not bearing the cost of any potential damage caused by FPL’s streetlight installation in the roadway. That condition is the execution of a restoration agreement (i.e., Proposed Second Amendment to the Agreement - Exhibit A), in a form sufficient to the City, by both parties prior to the turnover being effective.
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: N/A
Location of Project: Becker Road at Riverland
Attachments:
1. Resolution
a. Exhibit “A” to Resolution - Proposed Second Amendment
2. Riverland Becker Road Construction Agreement
3. First Amendment to Riverland Becker Road Construction 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: 24235-12
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.