2022 08 02 Item 06. F., Exhibit 11Exhibit 11
8/2/2022
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RESOLUTION NO. 2022-07
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA;
APPROVING THE EXECUTION OF A POST -PROJECT MAINTENANCE
AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (the "Department") has undertaken
a project for the construction of a new stormwater sewer outfall system to help
minimize flooding issues along State Road (SR) 15 (A/K/A Parrott Avenue/U.S.
Highway 441) at Southwest (SW) 21st Street, as well as flooding issues along SW
21st Street within the City of Okeechobee, Florida ("City") right-of-way; and
WHEREAS, the Department is responsible for the construction, at its cost, of said
stormwater sewer system along SW 21 st Street which will connect to the new storm
sewer outfall system; and
WHEREAS, the City has reviewed the Department's plans for the project and agrees to
issue to the Department or Department's contractor a permit for the work within
the City's public right-of-way; and
WHEREAS, the City desires to enter into a Post -Project Maintenance Agreement with the
Department; and
WHEREAS, the City will be responsible, at its sole cost and expense, for the maintenance
of the new stormwater sewer system within SW 21St Street right-of-way, including,
but not limited to, any required pipe cleaning or replacements.
NOW, THEREFORE, be it resolved, before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
President Officer for the City:
SECTION 1. The City Council hereby approves the Post -Project Maintenance
Agreement between the City of Okeechobee and the Florida Department of
Transportation, Financial Project No. 439032-1-52-01, and attached hereto as
Exhibit A.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or provision and such holding
shall not affect the validity of the remaining portions or applications here.
SECTION 3. This Resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida
on this 2"1 day of August 2022.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Resolution No. 2022-07, Page 1 of 5
RESOLUTION NO. 2022-07, EXHIBIT A
FPID #439032-1-52-01
POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee
Page 1 of 4
TRANSPORTATION POST -PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF OKEECHOBEE
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, the "DEPARTMENT') and City of Okeechobee (hereinafter,
"LOCAL AGENCY") for the maintenance of post -project transportation enhancements
described below.
WITNESS
1. WHEREAS, pursuant to Fla. Stat. §339.08, and the Moving Ahead for Progress in the 21 st
Century (MAP-21), the DEPARTMENT is authorized to undertake a project within the LOCAL
AGENCY geographical limits; and
2. WHEREAS, said the project is identified and known to the parties as SR 15 from SW 21 S' St to
SW 14T" St., Financial Project # 439032-1-52-01 at the location shown in Exhibit A, attached
and incorporated by reference which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the
LOCAL AGENCY to maintain the project; and
4. WHEREAS the LOCAL AGENCY by Resolution No. 2022-07, dated August 2, 2022, a copy
of which is attached hereto and made a part hereof as Exhibit A, has consented to and
approved the Agreement and has authorized its Chairperson or designee to execute said
Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
The DEPARTMENT has undertaken the project and obtained approval for state participation
for drainage construction as shown in Exhibit A attached and incorporated by reference:
• The scope of the project consists of the construction of a new stormwater sewer
outfall system to help minimize flooding issues along SR15 at SW 21st St., as well
as, flooding issues along SW 215' St. within the City of Okeechobee's right-of-way.
• The DEPARTMENT is responsible for the construction, at its cost, of said
stormwater sewer system along SW 21st St. which will connect to the new storm
sewer outfall system as shown in Exhibit A. The existing LOCAL AGENCY
drainage system along SW 21 St. will remain undisturbed during construction.
• The LOCAL AGENCY has reviewed the Department's plans for the project and
agrees to issue to the Department (or Department's contractor) a permit for the work
within the LOCAL AGENCY's public right-of-way as shown in Exhibit A.
Resolution No. 2022-07, Page 2 of 5
FPID #439032-1-52-01
POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee
Page 2 of 4
The LOCAL AGENCY will be responsible, at its sole cost and expense, for the
maintenance of the new stormwater sewer system within SW 21 sc Street right-of-
way, including, but not limited to, any required pipe cleaning or replacements as
determined by the LOCAL AGENCY in accordance with City, County, State, and
Federal requirements. The limits of LOCAL AGENCY maintenance will be west of
Structure # 101 not including Structure # 103.
The DEPARTMENT is responsible for the maintenance of the new stormwater
sewer outfall system within the DEPARTMENT's right-of-way from Structure # 103
to the east along the proposed easement north of SW 21't St, including Structure
# 103.
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements or understanding concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upon any prior representation or agreements whether oral or written.
This Agreement shall be governed, interpreted and construed according to the laws of the State of
Florida.
THE REMAINDER OF THIS PAGE IS
INTENTIONALLY LEFT BLANK
Resolution No. 2022-07, Page 3 of 5
FPID #439032-1-52-01
POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee
Page 3 of 4
IN WITNESS WHEREOF, the City of Okeechobee has caused this Agreement to be
executed on its behalf through its chairperson or designee, and THE FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed on its
behalf through its District Secretary for District One, as indicated below. This Agreement shall
become effective on:
Department to enter date.
CITY OF OKEECHOBEE, FLORIDA
ATTEST
BY:
PRINT NAME
TITLE DATE
CITY OF OKEECHOBEE LEGAL
REVIEW:
DATE
BY:
CHAIRPERSON, OR DESIGNEE
PRINT NAME
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY: b Y :
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME PRINT NAME
TITLE DATE TITLE DATE
FLA DEPT. OF TRANS. LEGAL REVIEW:
BY:
Resolution No. 2022-07, Page 4 of 5
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Resolution No. 2022-07, Page 5 of 5