The URL can be used to link to this page

Home My Public Portal AboutResolution 2022-17 (SR 85, Industrial Drive for Six Foot Sidewalk)RESOLUTION 2022-17 RESOLUTION OF THE CITY OF CRESTVIEW, (MAINTAINING 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 SR 85 FROM COMMERCE DRIVE TO CR 85A, BILL LUNDY ROAD, IDENTIFIED AS PROJECT NO: 445733-1- 52-01 PURSUANT TO AN OFF -SYSTEM MAINTENANCE AGREEMENT, CONFIRMING AND APPROVING THE AGREEMENT, AND PROVIDING SIGNATURE AUTHORITY FOR THE AGREEMENT WHEREAS, the City of Crestview (Maintaining Agency), a political subdivision of the State of Florida, acting by and through its duly authorized City Council, approves that certain Off System Maintenance Agreement (Agreement) with the State of Florida Depai intent of Transportation (Department) identified as Project No: 445733-1-52-01, which is more fully described in the Agreement; and WHEREAS, pursuant to Paragraph 5 of the Agreement, the Maintaining Agency is required to adopt a formal resolution, consenting to, and authorizing the Department to perform all efforts necessary to complete the Project and for the Maintaining Agency to maintain the Project in accordance with the terms set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF CRESTVIEW, FLORIDA that: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Maintaining Agency, by this resolution, duly adopted by its City Council and executed by the mayor of the City of Crestview, confirms the Off -System Maintenance Agreement is approved concurrently with this resolution, authorizes the City of Crestview to execute the Off -System Maintenance Agreement, and consents to and authorizes the Department to perform all efforts necessary to complete the Project and agrees to maintain the Project in accordance with the terms set forth in the Off -System Maintenance Agreement. 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, Florida. PASSED AND ADOPTED this 13th day of June 2022. CITY OF CRESTVIEW, FLORIDA itten, Mayor ATTEST: By: M anne hrader, City Clerk Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B 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 construction for resurfacing the existing roadway (SR 85 from Commerce Drive to CR 85, Bill Lundy Road) and adding a six (6) foot sidewalk on the East side of SR 85 between Commerce Drive and Airport Road, within the City of Crestview's right of way between Station 133+58 to Station 134+89 BK = Station 3415+34 AH to Station 3428+31 which is located within the Local Agency's property, 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. No: 445733-1-52-01, 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: 2022-17 dated June 13, 2022, a copy of which is attached hereto and made a part hereof, has authorized the mayor of the City of Crestview 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 resurfacing the existing roadway (SR 85 from Commerce Drive to CR 85, Bill Lundy Road) and adding a six (6) foot sidewalk on the East side of SR 85 between Commerce Drive and Airport Road, within the City of Crestview's right of way between Station 133+58 to Station 134+89 BK = Station 3415+34 AH to Station 3428+31. 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. Page 1 of 6 Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B 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 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 Page 2 of 6 Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B 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. 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 Depattiiient which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." Page 3 of 6 Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B 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. 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 Party. 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). 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 the additional 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 Page 4 of 6 Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B terms 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: Maryanne Schrader City Clerk P. O. Box 1209 Crestview, FL 32536 Alicia McDaniel Roadway Design Project Manager 1074 Highway 90 Chipley, FL 32428 Page 5 of 6 Financial Project No: 445733-1-52-01 Local Agency: City of Crestview FAP No: D322-067-B IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates exhibited by the signatures below. DEPARTMENT: LOCAL AGENCY: STATE OF FLORIDA City of Crestview, a political DEPARTMENT OF TRANSPORTATION subdivision of the State of Florida By: Britten Title: Title: Mayor Date: Date: (v — \ 3 - a a D Attest: Legal Review: Office of the General Counsel AttestNN Legal Review: Page 6 of 6 CONTRACT PLANS COMPONENTS ROADWAY PLANS A DETAILED INDEX APPEARS ON THE KEY SHEET OF EACH COMPONENT INDEX OF ROADWAY PLANS SHEET NO. 2 3 5 6 8 10 - 43 44 45 - 55 56 SHEET DESCRIPTION KEY SHEET SIGNATURE SHEET TYPICAL SECTIONS TYPICAL SECTION DETAILS PROJECT CONTROL GENERAL NOTES ROADWAY PLAN -PROFILES DRAINAGE STRUCTURES CROSS SECTIONS TEMPORARY TRAFFIC CONTROL PLANS ENO PROJECT STA. 388+89.54 MP. 6 978 GOVERNING STANDARD PLANS: Florida Department of Transportation, FY2022-23 Standard Plans for Road and Bridge Construction and applicable Interim Revisions (IRs). Standard Plans for Road Construction and associated ;Rs are available at the following website- http-//www.fdot.gov/design/standardplans GOVERNING STANDARD SPECIFICATIONS: Florida Department of Transportation, JULY 2022 Standard Specifications for Road and Bridge Construction at the following website: http: //www.fdot.gov/programmanagement/Implemented/SpecBooks STATE OF FLORIDA DEPARTMENT" OF T i'ANSPORTATION CONTRACT PLANS FINANCIAL PROJECT ID 445733-1-52-01 (FEDERAL FUNDS) OKALOOSA COUNTY (57060) STATE ROAD NO. 85 SR 85 FROM NORTH COMMERCE DRIVE TO CR 85A BILL LUNDY RD if- T-3-5 T-4-5. . 7 TO NICEVILLE 1 313 n N zz TO LAUREL HILL 1Corkins L. ) 1 1. BSIKES 1(- �BEGlN PROJECT STA. 3416+88.21 MP. 2.197 EQUATION STA. 3580+83.42 BK — STA 300+24 67 AH PHASE 11 N PROJECT LOCATION • https: //goo.gl/maps/TzKMjRLKy3MPHorNB ROADWAY PLANS ENGINEER OF RECORD: ANNA MARIE HARLSON, P.E. P.E. LICENSE NUMBER 85789 FDOT ROADWAY DESIGN 1074 HIGHWAY 90 CHIPLEY, FLORIDA 32428 (850) 330-1432 FAX: (850) 330-1148 FDOT PROJECT MANAGER: ALICIA MCDANIEL (8501 330-1378 PLANS PREPARED BY: ANGELA L BUSH (850) 330-1473 CONSTRUCTION CONTRACT NO. FISCAL YEAR 23 SHEET NO. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15 331 Q SURVEY 5R 85 N13'3640"E 3, 10 RR/W LJ -4 I. I LJ , BEGIN PROJECT BEGIN MILLING & RESURFACI STA. A 3416+88.21 32 1 _ — — 1 �133 �=�- 1' 13`4----1&� z.. tl e 135� __ — — . i2 POT, STA. +66.54 , 7, I e _ y w 9+- - MILLING & RESURFACING nFSCRIPTION REVISIONS naTF DESCRIPTaN • 1 ' +59.02 z ; 1 67.52' RT. m , A+ 4" SIDEWALK ENGINEER OF RECORD NNA MARIE HARLSON, P.E. ICENSE NUMBER 85789 DOT DISTRICT 3 074 HIGHWAY 90 HIPLEY, FLORIDA 32428 BEGIN SIDEWALK CONSTRUCTION STA 133+59.02 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO. COUNTY FINANCIAL PROJECT ID SR 85 I OKAL005A 445733-1-51-01 CCB COMMUNITY BANK 1 iE —116 1 REMOVE & REPLACE FLARED END SECTION DE - IHANCOCK WHITNEY BANK ROADWAY PLAN SHEET NO. 10 THE OFFICIAL RECORD OF THIS SHEET 15 THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C. MC DONALD'S REMOVE & REPLACE FLARED END c5_102SECTION OE 3419 le SURVEY SR 85 138 ',ATP DFSr-R.IRTION 3420 . I . or: WINN DIXIE REMOVE & REPLACE FLARED END SECTION 3421 MILLING & RESURFACING REVISIONS DATF OE - S-104 REMOVE EXIST. MES. CONST. 6 LF OF 14X23" PIPE, MES & CONCRETE JACKET DFSCRIPTION 34223. 3423 4" SIDEWALK '4133 145- - 141 INEMEREII TITO) \ OE -';OF r;_i-,---}- - —4 REMOVE EXIST. MES & 8 LF OF PIPE +78.09 100.73RT. ENGINEER OF RECORD ANNA MARIE HARLSON, P.E. ICENSE NUMBER 85789 DOT DISTRICT 3 1074 HIGHWAY 90 CHIPLEY, FLORIDA 32428 N / d PUBLIX STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION I ROAD NO. COUNTY FINANCIAL PROJECT ID SR 85 OKALOOSA 445733-1-52-01 30 3424 3425 OF - - 00 +21.27 10074' RT. ROADWAY PLAN SHEET NO. 11 THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 6IG15-23.004, F.A.C. DETECTABLE WARNING PER INDEX 522-002 4 +40.52 +40 26 40.77'LT ///-8.60' R . ! 1 STA. +05.30 11576' LT STA. +89 65 83.72' LT 3426 3427 23428 N13"16'14"E 1645 — — In ry q DESCRIPTION 146 81 -3641'E +49.26 100.79' RT. MILLING & RESURFACING 4" SIDEWALK REVISIONS 2412F 147 L END ( SIDEWALK CONS ''r ),,5Tf '3428+31.04 +26 69 108 19' RT +62 68 11572' RT. 91 28' RT ]2 f +75.26 41 48' LT. GQ STA. +18.54 108.27' LT. \3429 3430 OF,PIPT1ON +75.48 16.60' RT ENGINEER OF RECORD 44INA MARIE HARLSON, P.E. LICENSE NUMBER 85789 FOOT DISTRICT 3 1074 HIGHWAY 90 CHIPLEY, FLORIDA 32428 SURVEY SR 85 - 149 136 10(8) 4'1: 1)- . - DETECTABLE CURVE DATA WARNING PI STA = 3434+03.87 PER INDEX 522-002 6 = 02°08'17" (RT) D = 00°11'49" T = 542.74 L = 1,085 34 R = 29,085.14 PC STA. = 3428+61.14 PT STA. = 3439+46 48 = MATCH EXIST \\LSTA. +69.76 166 10' RT. R/W STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO. I COUNTY j FINANCIAL PROJECT ID SR 85 OKALOOSA 445733-1-52-01 ROADWAY PLAN SHEET NO. 12 THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-