Interoffice Memorandum
DATE: October 29, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Ed Torres, M.S., P.E., LEED AP, Director, Utilities
CONTACT: Lindy A. Wolfe, P.E., LEED AP, Manager, Engineering Division
PHONE: 407-254-9918
DIVISION: Engineering Division
ACTION REQUESTED:
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Approval and execution of:
a) State of Florida Department of Transportation Utility Work by Highway Contractor Agreement (At FDOT Expense), Financial Project ID: 436433-1-56-01 Appendix: “Change to Form Document” by and between the State of Florida Department of Transportation and Orange County for $1,610,000.
b) State of Florida Department of Transportation Utility Work by Highway Contractor Agreement (At Utility Expense), Financial Project ID: 436433-1-56-02 Appendix “Change to Form Document” by and between the State of Florida Department of Transportation and Orange County and Three Party Escrow Agreement by and between the State of Florida Department of Transportation, Orange County, and the State of Florida, Department of Financial Services Division of Treasury, Project #: 436433-1-56-02 for $1,904,000.
c) Utility Preliminary Engineering Agreement between State of Florida, Department of Transportation and Orange County, Financial Project ID: 436433-1-36-01 for the Coast to Coast Trail, Orange County Gap Segment 2 from Hiawassee Rd to north of SR 414. District 2. (Engineering Division)
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PROJECT: N/A
PURPOSE: The Florida Department of Transportation (FDOT) is constructing improvements to the Coast to Coast Trail, Orange County Gap Segment 2 from Hiawassee Rd to north of SR 414. County utility facilities in direct conflict with the proposed roadway improvements must be relocated. To optimize project execution, FDOT’s construction contractor will install the County’s utility work within the project limits. Consequently, the County must execute several agreements with FDOT, as described below.
Responsibility for payment of relocation costs depends on where the facilities are located. Florida Statutes require Utility/Agency Owners to pay relocation costs for their facilities situated in the public right-of-way. FDOT is funding the relocation of OCU facilities located within Orange County right-of-way.
Because both the County and FDOT are financially responsible for portions of the total relocation costs associated with the project, the following agreements must be executed.
1. Utility Work by Highway Contractor Agreement (At FDOT Expense) - FDOT Financial Project ID: 436433-1-56-01, including Appendix: “Change to Form Document” and “Required Contract Provisions for Federal Aid Contracts”
This agreement authorizes FDOT to include the County’s necessary utility relocation work in FDOT’s highway construction contract at FDOT expense. The County’s utility work that FDOT is financially responsible for consists of removal and replacement of approximately 360 linear feet (LF) of 12-inch and 16-inch water main and 660 LF of 4-inch PVC force main.
The total agreement amount associated with utility relocations that the FDOT is financially responsible for is $1,610,000.
2. Utility Work by Highway Contractor Agreement (At Utility Expense) - FDOT Financial Project ID: 436433-1-56-02, including Appendix: “Change to Form Document” and “Required Contract Provisions for Federal Aid Contracts”
This agreement authorizes FDOT to include the County’s necessary utility relocation work in FDOT’s highway construction contract. The County’s work consists of removal and replacement of approximately 710 LF of 16-inch DI water main.
The total agreement amount associated with utility relocations that the County is financially responsible for is $1,904,000. This includes an estimated construction cost of $1,700,000; a 2% administration fee of $34,000; and a 10% contingency of $170,000. The administration fee and contingency are required by the agreement.
3. Three Party Escrow Agreement - FDOT Financial Project ID: 436433-1-56-02
This agreement stipulates the premises and covenants under which an escrow account is established for the project.
4. Utility Preliminary Engineering Agreement - FDOT Financial Project ID: 436433-1-36-01, including Appendix: “Required Contract Provisions for Federal Aid Contracts” This agreement provides a mechanism for FDOT to reimburse the County for engineering design costs associated with the utility relocation work that are FDOT’s financial responsibility.
The County Attorney’s Office reviewed the documents and finds them acceptable as to form. Utilities Department staff recommends approval.
BUDGET: N/A