Okaloosa County BOCC — October 20, 2015 — Intersection FDOT Maintenance Agreement Signed — reading text

Rev.: 05/15 FPID #.: 43351935201 COUNTY: Okaloosa FAP #.: 8886 523 A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFF SYSTEM PROJECT MAINTENANCE AGREEMENT This Agreement is between the State of Florida Department of Transportation (“DEPARTMENT”), and Okaloosa County, a political subdivision of the State of Florida (“COUNTY”). 1. Federal funding is available for the costs of minor roadway improvements at the intersections of Gibson Road and James Lee Road at SR 188 (Racetrack Road); Valley Road and Cavalier Road at SR 10 (US 90); Ridgewood Avenue, Woodland Avenue, Avenue Du Fontaine Bleu, Rue Dianne, Paschel Street, Deville Drive, Skylark Road and Rush Park Circle at SR 30 (US 98); Hammock Road and Adams Road / Auburn Road at SR 85; Keyser Mill Road at SR 4; and Lang Road at SR 189 pursuant to Title 23, United States Code; and 2. The DEPARTMENT is preparing to undertake a project within the COUNTY identified and known to the parties by Financial Project I.D. 433519-3-52-01, and involving the following intersections (“PROJECT”); and Section No. Mile Post Local Road Intersecting Roadway 57003 0.241 Gibson Road SR 188 (Racetrack Road) 57003 1.257 James Lee Road SR 188 (Racetrack Road) 57010 16.158 Valley Road SR 10 (US 90) 57010 17.812 Cavalier Road SR 10 (US 90) 57030 0.528 Ridgewood Avenue SR 30 (US 98) 57030 0.722 Woodland Avenue SR 30 (US 98) 57030 1.163 Avenue Du Fontaine Bleu SR 30 (US 98) 57030 1.261 Rue Dianne SR 30 (US 98) 57030 2.120 Paschel Street SR 30 (US 98) 57030 2.744 Deville Drive SR 30 (US 98) 57030 3.585 Skylark Road SR 30 (US 98) 57030 4.713 Rush Park Circle SR 30 (US 98) 57060 1.533 Hammock Road SR 85 57060 4.685 Adams Road / Auburn Road SR 85 57080 10.791 Keyser Mill Road SR 4 57110 3.401 Lang Road SR 189 3. Gibson Road, James Lee Road, Valley Road, Cavalier Road, Ridgewood Avenue, Woodland Avenue, Avenue Du Fontaine Bleu, Rue Dianne, Paschel Street, Deville Drive, Skylark Road, Rush Park Circle, Hammock Road, Adams Road / Auburn Road, Keyser Mill Road, and Lang Road are located in Okaloosa County, Florida, and are roads not on the State Highway System; and Page 1 of 6 Rev.: 05/15 FPID #.: 43351935201 COUNTY: Okaloosa FAP #.: 8886 523 A NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of this Agreement, the parties hereby agree as follows: 4. The recitals in paragraphs 1-3 above are true and correct and are made a part of this Agreement. 5. The COUNTY acknowledges that the DEPARTMENT will be utilizing federal funds on the PROJECT and as a result thereof the COUNTY agrees to maintain the PROJECT in perpetuity according to DEPARTMENT standards. The COUNTY 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 COUNTY 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. 6. The COUNTY acknowledges and agrees that the right of way, and the improvements located within the right of way, are and will remain under the ownership of the COUNTY and that the DEPARTMENT will not have any ownership interest in the right of way, improvements located thereon. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the DEPARTMENT and its contractor. 7. 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 COUNTY. Upon issuance of the Notice of Final Acceptance, the COUNTY shall be immediately responsible for the perpetual maintenance of the PROJECT. The DEPARTMENT shall also have the right to assign interim maintenance responsibility to the COUNTY 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 COUNTY in writing with sufficient description to place the COUNTY 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 COUNTY understands and agrees that the DEPARTMENT shall transfer all permits to the COUNTY as the operational maintenance entity and the COUNTY agrees to accept said transfer and to become fully responsible to comply with all operational and maintenance conditions of the permits. 8. 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 COUNTY 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. Page 2 of 6 Rev.: 05/15 FPID #.: 43351935201 COUNTY: Okaloosa FAP #.: 8886 523 A 9. Pursuant to Section 287.058, Florida Statutes, the DEPARTMENT may unilaterally cancel this Agreement for refusal by the COUNTY 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 COUNTY in conjunction with this Agreement except for the obligation of the COUNTY to maintain the PROJECT and said Agreement shall be perpetual as to that obligation. 10. 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. 11. 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. 12. 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.” 13. 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. 14. 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 COUNTY 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 Page 3 of 6 Rev.: 05/15 FPID #.: 43351935201 COUNTY: Okaloosa FAP #.: 8886 523 A 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 COUNTY 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 COUNTY as soon as it becomes apparent there is a shortfall; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY 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 COUNTY 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 COUNTY 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