The Florida Department of Transportation (FDOT) is planning to construct roadway improvements along Collins Avenue from 44th Street to the 4700 Block and along Indian Creek Drive from 41st Street to 44th Street (the “Project”).
The Project consists of milling and resurfacing, sidewalk improvements, and new pavement markings. During the early design stages of the Project, the City held various meetings with FDOT to discuss the scope of the Project and impacts to the existing City-Owned utilities.
On September 14th, 2022, City Commission requested FDOT to design and implement dual right turn lanes along southbound Indian Creek Drive, onto westbound 41st Street. The City’s Public Works Department is also performing the design of water main improvements along the Indian Creek Drive and Collins Avenue from 41st Street to 51st Street and requested that FDOT include the construction of the portion of the City’s water main improvements within the limits and as part of the FDOT roadway improvements. In addition to the aforementioned water main improvements, the FDOT roadway improvement project requires adjustments to the City-owned water and sewer castings.
FDOT and the City have determined that it would be advantageous to both parties to enter into an agreement to construct the aforementioned water main improvements and City-owned water and sewer adjustments (“City’s Improvements”) by the FDOT’s roadway contractor.
The Project is scheduled to begin construction in September 2024, and has an initial estimated construction cost in the amount of $3,468,095.00, to be paid by the City as depicted in exhibit A to the Utility Work by Highway Contractor Agreement (at Utility Expense) (the “Construction Agreement”), a draft of which is attached to this Resolution as part of Composite Exhibit “1”.
FDOT requires the City to submit full payment of the $3,468,095.00 on or about October 23, 2023 and funding will be covered by the following Water and Sewer account: 419-0815-069357-29-418-000-00-00-00-28520.
The official estimate for the work related to the City’s Improvements will be subsequently provided to the City by FDOT; and, to the extent that the official estimate exceeds the initial estimated cost (“Additional Funds”), the City will be required to pay the Additional Funds to FDOT, prior to FDOT commencing the advertisement process to procure a contractor for the work.
The payment of Additional Funds shall be subject to funding availability within the Public Works Department budget, and, to the extent that the total amount of the Additional Funds exceeds the City Manager’s purchasing authority, in the amount of $100,000.00, said payments shall be subject to approval by the City Commission.
FDOT, the City, and the State of Florida, Department of Financial Services (“Escrow Agent”) also desire to enter into a Three Party Escrow Agreement (“Escrow Agreement”), establishing an escrow account for the Project with all City proceeds to be deposited by FDOT into an interest-bearing escrow account until such time when FDOT withdraws to pay for the costs incurred, related to the City’s Improvements, a draft copy of which is attached to this Resolution as part of Composite Exhibit “1”.
The City Manager recommends approving, in substantial form, the Construction Agreement and Escrow Agreement, necessary for the FDOT roadway contractor to construct the required City Improvements as part of the FDOT Project; and authorizing the Administration to deposit with FDOT the total initial estimated cost for the City’s Improvements, in the amount of $3,468,095.00, pursuant to the Escrow Agreement; and should Additional Funds be required pursuant to the official estimate, authorize the Administration to pay said Additional Funds pursuant to the Escrow Agreement, subject to funding availability; provided, however, that any increases to the construction costs exceeding $100,000.00 shall require the prior approval of the City Commission; and further authorizing the City Manager to finalize and execute the agreements.