HomeMy Public PortalAboutResolution 2021-8 Sidewalk East side of SR85 and Industrial DriveRESOLUTION: 2021-8
RESOLUTION OF CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA (LOCAL AGENCY) CONSENTING TO AND AUTHORIZING
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO
DO ALL ACTS NECESSARY TO COMPLETE THE PROJECT FOR THE
CONSTRUCTION OF A NEW 6 FOOT SIDEWALK ON THE EAST SIDE
OF SR 85 (NORTH FERDON BOULEVARD) BETWEEN SR85 AND
INDUSTRIAL DRIVE WITHIN THE CITY'S RIGHT-OF-WAY
BETWEEN STATIONS 88+49 AND 133+53 PURSUANT TO AN OFF
SYSTEM PROJECT MAINTENANCE AGREEMENT, CONFIRMING
AND APPROVING THE AGREEMENT, PROVIDING SIGNATURE
AUTHORITY FOR THE AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Crestview (Local Agency), a political subdivision of the State of Florida, acting by
and through its duly authorized City Council, approved that certain Off System Project Maintenance
Agreement (Agreement) with the State of Florida Department of Transportation (Department) constructing a
new 6-foot sidewalk on the east side of SR 85 (North Ferdon Boulevard) between SR 85 and Industrial Drive
within the City's right-of-way between stations 88+49 and 133+53; and
WHEREAS, pursuant to Section 5 of the Agreement, the Local Agency is required to adopt a formal
resolution of the City Council, consenting to and authorizing the Department for the Local Agency, to perform
all efforts necessary to complete the Project in the name of the Local Agency;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Crestview of Okaloosa County,
Florida that:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Local Agency, by this resolution, duly adopted by its City Council and executed by the
Mayor, confirms the Agreement approved by the City Council concurrently with this
resolution, and consents to and authorizes the Department for the Local Agency, to
perform all efforts necessary to complete the Project in the name of the Local Agency,
including, but not limited to, temporarily use the Local Agency right-of-way for
construction of the project and maintenance during construction.
3. A certified copy of this resolution shall be forwarded to the Florida Department of
Transportation at 1074 Highway 90, Chipley, Florida 32428.
4. This resolution shall be effective upon passage and adoption by the City Council of the City
of Crestview. .
PASSED AND ADOPTED IN REGULAR SESSION THIS .aU tV OF - _, _ , 2021
APPROVED BY ME THIS
J. B. WHITTEN
Mayor
ATTEST:
ELIZABETH M. ROY
City Clerk
J DAY OF :14jwa i y , 2021.
I hereby certify this is a
true and correct copy as is
on file with the City of Crestview
Rev.: 4/18 FPID #.: 443659-1-52-01
dl iPc�, City Gerk, Crestview, FL LOCAL AGENCY: City of Crestview
FAP #.: NA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFF SYSTEM PROJECT MAINTENANCE AGREEMENT
This Off System Project Maintenance Agreement ("Agreement") is between the State of
Florida Department of Transportation ("DEPARTMENT"), and the Citv of Crestview, a political
subdivision of the State of Florida ("LOCAL AGENCY"). The DEPARTMENT and the
LOCAL AGENCY are sometimes referred to in this Agreement as a "Party" and collectively as
the "Parties."
RECITALS
1. Federal funding is available for the costs of resurfacing, roadway widening,
shoulder construction and other minor related improvements on Industrial Drive (local name)
pursuant to Title 23, United States Code; and
2. The DEPARTMENT is preparing to undertake a project within the LOCAL
AGENCY identified and known to the Parties by Financial Project I.D.443659-1-52-01, which
will be of benefit to the LOCAL AGENCY ("PROJECT"); and
3. The PROJECT, or a portion of the PROJECT, is being performed on Industrial
Drive in Okaloosa County, Florida, a road not on the State Highway System; and
4. The PROJECT requires agreement by the LOCAL AGENCY to maintain the
PROJECT, or the portion of the PROJECT, that is located on the LOCAL AGENCY'S right-of-
way; and
5. The LOCAL AGENCY, by resolution No. 2021-08, dated February 22, 2021 a copy of
which is attached hereto and made a part hereof, has authorized the Mayor to execute this
Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms
of this Agreement, the Parties hereby agree as follows:
6. The recitals in paragraphs 1-5 above are true and correct and are made a part of
this Agreement.
7. The DEPARTMENT shall be responsible for the design and construction of the
PROJECT, which consists of constructing a new 6-foot sidewalk on the east side of SR 85
(North Ferdon Boulevard) between SR 85 and Industrial Drive within the City's right-of-way
between stations 88+49 and 133+53. The DEPARTMENT shall have final decision authority
with respect to the design, design review process and construction of the PROJECT. The
LOCAL AGENCY shall cooperate with and shall support the DEPARTMENT `s work efforts in
these regards.
8. The LOCAL AGENCY hereby appoints the DEPARTMENT as its agent for
purposes of the notification, construction, reconstruction and relocation of utilities under
Sections 337.401, 337.402, 337.403, and 337.404, Florida Statutes. The LOCAL AGENCY
agrees to fully cooperate with the DEPARTMENT in the construction, reconstruction and
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relocation of utilities that may be located within the existing or acquired right-of-way. The
Parties agree to meet on a periodic basis, as determined to be necessary by the DEPARTMENT,
during the planning, design, construction and post -construction phase to identify, plan and to
relocate utilities. The responsibility for the costs associated with the relocation of utilities shall
be based on Florida law as it relates to said matters. The Parties agree that if existing utilities
owned by the LOCAL AGENCY are required to be reconstructed or relocated as a result of the
PROJECT that the costs associated therewith shall be deemed to be a cost of the PROJECT to be
paid for the by the LOCAL AGENCY.
9. The LOCAL AGENCY acknowledges that the DEPARTMENT will be utilizing
federal funds on the PROJECT and as a result thereof the LOCAL AGENCY agrees to maintain
the PROJECT in perpetuity according to DEPARTMENT standards. The LOCAL AGENCY
further recognizes and acknowledges that if the DEPARTMENT will be utilizing federal funds
on the PROJECT, the National Environmental Policy Act ("NEPA") process will need to be
completed and the DEPARTMENT reserves the right to adjust the plans and or design of the
PROJECT to meet the needs of the permits. The LOCAL AGENCY agrees to fully cooperate in
the provision of any and all studies and or data that may be necessary for the NEPA process and
for all other permit matters.
10. The LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY'S
right-of-way, and the improvements located within the LOCAL AGENCY right-of-way, are and
will remain under the ownership of the LOCAL AGENCY and that the DEPARTMENT will not
have any ownership interest in the right-of-way, improvements located thereon. Additionally,
the DEPARTMENT'S right-of-way, and the improvements located within the
DEPARTMENT'S right-of-way, are and will remain under the ownership of the
DEPARTMENT and the LOCAL AGENCY will not have any maintenance responsibilities nor
ownership interest in the right-of-way, improvements located thereon. Notwithstanding the
requirements hereof, the DEPARTMENT is authorized to temporarily use the LOCAL
AGENCY existing right-of-way for construction of the PROJECT and maintenance during
construction shall be the responsibility of the DEPARTMENT and its contractor.
11. Upon completion of the PROJECT, the DEPARTMENT shall issue a Notice of
Final Acceptance to the contractor with a copy of said notice being provided to the LOCAL
AGENCY. Upon issuance of the Notice of Final Acceptance, the LOCAL AGENCY shall be
immediately responsible for the perpetual maintenance of the PROJECT or the portion of the
PROJECT that is located on the LOCAL AGENCY'S right-of-way. The DEPARTMENT shall
also have the right to assign interim maintenance responsibility to the LOCAL AGENCY for
specified portions of the PROJECT before the issuance of the Notice of Final Acceptance. Said
assignment of maintenance responsibility shall be sent by the DEPARTMENT to the LOCAL
AGENCY in writing with sufficient description to place the LOCAL AGENCY on notice of the
interim maintenance responsibility. Notwithstanding the issuance of the Notice of Final
Acceptance, the DEPARTMENT shall have the right to assure completion of any punch list by
the contractor. Additionally, the LOCAL AGENCY understands and agrees that the
DEPARTMENT shall transfer all permits to the LOCAL AGENCY as the operational
maintenance entity and the LOCAL AGENCY agrees to accept said transfer and to become fully
responsible to comply with all operational and maintenance conditions of the permits.
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12. This Agreement shall become effective as of the date both Parties hereto have
executed the Agreement and shall continue in full force and effect until the PROJECT is
completed by the DEPARTMENT and the improvements have been turned over to the LOCAL
AGENCY by the DEPARTMENT by formal notice from the DEPARTMENT. The
DEPARTMENT reserves the right to unilaterally cancel its performance hereunder if it
determines that it is in the best interest of the public to do so. This discretion shall include, but
shall not be limited to budgetary and bid cost considerations.
13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL AGENCY to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes and made or received by the LOCAL
AGENCY in conjunction with this Agreement.
14. It is understood that the DEPARTMENT's participation in said PROJECT is
subject to Legislative approval of the DEPARTMENT's appropriation request in the work
program year that the PROJECT is scheduled.
15. The DEPARTMENT's performance and obligations to pay under this Agreement
is contingent upon an annual appropriation by the Legislature. If the DEPARTMENT's funding
for. this PROJECT is in multiple years, funds approved from the DEPARTMENT'S Comptroller
must be received every year prior to costs being incurred.
16. In the event this Agreement is in excess of $25,000.00 and has a term for a period
of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes are hereby
incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during
such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The
department shall require a statement from the comptroller of the Department that
funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all
contracts of the Department which are for an amount in excess of $25,000.00 and
which have a term for a period of more than 1 year."
17. This Agreement shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
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18. To the extent permitted by law, LOCAL AGENCY shall indemnify, defend, and
hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim,
loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by
LOCAL AGENCY, its agents, or employees, during the performance of the Agreement, except
that neither LOCAL AGENCY, its agents, or its employees will be liable under this paragraph
for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by the DEPARTMENT or any of its officers, agents, or employees during the
performance of the Agreement. Nothing herein shall be deemed a waiver of the rights of
sovereign immunity of either Parry.
19. In the event there are cost overruns, supplemental agreements (specifically
incurred in the areas located off the State Highway System), and or liquidated damages not
eligible to be paid for by federal funds due to the Federal Highway Administration determining
that said costs are non -participating costs, the LOCAL AGENCY shall be responsible for one -
hundred percent (100%) of the funds required to make up the shortfall not paid by federal funds.
The PROJECT is off of the "State Highway System," therefore, in accordance with Section
339.08(1), F.S., State funding cannot be used for payments of non -participating costs on this
PROJECT. (Examples of non -participating items could be fishing piers; premium costs due to
design or CEI errors or omissions; material or equipment called for in the plans but not used in
the construction, as referenced in the Federal Aid Policy Guide 23, CFR Section 635.120).
a. Should such shortfalls occur due to a determination that said costs are non-
participating, the LOCAL AGENCY agrees to provide, without delay, a
deposit- within fourteen (14) calendar days of notification, from the
DEPARTMENT, to ensure that cash on deposit with the DEPARTMENT is
sufficient to fully fund the shortfall. The DEPARTMENT shall notify the
LOCAL AGENCY as soon as it becomes apparent there is a shortfall;
however, failure of the DEPARTMENT to so notify the LOCAL AGENCY
shall not relieve the LOCAL AGENCY of its obligation to pay for its full
participation of non -participating costs during the PROJECT and on final
accounting, as provided herein below. If the LOCAL AGENCY cannot
provide the deposit within fourteen (14) days, a letter must be submitted to
and approved by the DEPARTMENT'S contract manager indicating when the
deposit will be made. The LOCAL AGENCY understands the request and
approval of theadditional time could delay the PROJECT, and additional non-
participating costs may be incurred due to the delay of the PROJECT.
The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred sixty
days (360) of final payment to the Contractor. The DEPARTMENT considers the
PROJECT complete when the final payment has been made to the Contractor, not when
the construction work is complete. All non -participating Project cost records and
accounts shall be subject to audit by a representative of the LOCAL AGENCY for a
period of three (3) years after final close out of the PROJECT. The LOCAL AGENCY
will be notified of the final non -participating cost of the PROJECT. Both Parties agree
that in the event the final accounting of total non -participating costs pursuant to the terms
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of this Agreement is less than the total deposits to date, a refund of the excess will be
made by the DEPARTMENT to the LOCAL AGENCY. If the final accounting is not
performed within three hundred and sixty (360) days, the LOCAL AGENCY is not
relieved from its obligation to pay.
In the event the final accounting of total non -participating costs are greater than the total
deposits to date, the LOCAL AGENCY will pay the additional amount within forty (40) calendar
days from the date of the invoice from the DEPARTMENT. The LOCAL AGENCY agrees to
pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid
within forty (40) calendar days until the invoice is paid.
Any payment of funds under this Agreement provision will be made directly to
the DEPARTMENT for deposit.
20. LOCAL AGENCY: City of Crestview
a) Shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the LOCAL AGENCY during
the term of the contract; and
b) Shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the contract term.
21. All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery or express mail and shall be deemed to have
been received by the end of five business days from the proper sending thereof unless proof of
prior actual receipt is provided. Each Party hereto shall have the continuing obligation to notify
each other of the appropriate persons for notices to be sent to pursuant to the terms of this
agreement. Unless otherwise notified in writing, notices shall be sent to the following:
LOCAL AGENCY:
DEPARTMENT:
Wayne Steele
Director of Public Services
715 North Ferdon Boulevard
Crestview, FL 32836
John Whittington, P.E.
Project Manager
1074 Highway 90
Chipley, FL 32428
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
exhibited by the signatures below.
DEPARTMENT:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
Attest:
Legal Review:
Office of the General Counsel
LOCAL AGENCY:
City of Crestview, a political
subdivision of the State of Florida
By:JB Whitten
Title:Mayor
Date: 2/22/2021
Eliza eth Roy, City Clerk
Legal Review:
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