Fort Walton Beach Resolution — 2022-05--Bridge Maintenance Agreement — reading text

RESOLUTION 2022- 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON APPROVING THE BROOKS BRIDGE REPLACEMENT OFF- BEACH, FLORIDA, SYSTEM PROJECT MAINTENANCE AGREEMENT FOR FDOT FINANCIAL PROJECT AUTHORIZING THE MAYOR TO EXECUTE THE I. D. NO. 415474- 2- 52- 01; AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 30 ( U. S. Highway 98) via the replacement of Brooks Bridge, Financial Project I.D. No. 415474- 2- 52- 01, in Okaloosa County; and WHEREAS, it is necessary that certain improvements are required outside of the State of Florida Department of Transportation rights- of-way; and WHEREAS, said improvements shall revert back to the operation and maintenance by the City after completion of the project; and WHEREAS, the State of Florida Department of Transportation requests the City to execute and deliver to the State of Florida Department of Transportation an Off-System Project Maintenance Agreement for this project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, Section 1. FDOT Off-System Project Maintenance Agreement (FPID No. 415474- 2- 52- 01) The City Council of the City of Fort Walton Beach, Florida authorizes the Mayor to execute the Off-System Project Maintenance Agreement for Financial Project I.D. No. 415474- 2- 52- 01 for the replacement of Brooks Bridge for the following rights- of-way: 1. Brooks Street SE 2. Florida Blanca Place SE 3. Perry Avenue SE south of U. S. Highway 98 Section 2. Transmittal of Resolution Upon City Council approval of this Resolution, the adopted Resolution will be forwarded to the Florida Department of Transportation in Chipley, Florida for consideration. Section 3. Effective Date This Resolution shall become effective upon adoption by City Council and signature of the Mayor.  RESOLUTION 2022- 5 Adopted: 7c, G` KupVI ASS aaa. 2 ichard A. Rynearson, M or w4L . o //// Nc, II Attest: proved for form, legal suffic'__- t- illV '' srs' 6+ Ol i0 t•,.• Kim i. Barnes, City Clerk iglu ", a 6 ykes, Jr.,— Ci r, .' ttorney FLORiDP  FPID#.: 415474- 2- 52- 01 Rev.: 9/ 21 LOCAL AGENCY: Fort Walton Beach 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 City of Fort Walton Beach, 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. State funding is available for the costs of the replacement of Brooks Bridge, and for resurfacing, roadway widening, shoulder construction and other minor related improvements on SR 30 ( US- 98) ( Miracle Strip Parkway) ( local name) pursuant to Sections 337. 276 and 339. 135, Florida Statues; and 2. The DEPARTMENT is preparing to undertake these improvements as a design- build project within the LOCAL AGENCY identified and known to the Parties by Financial Project I.D. 415474- 2- 52- 01, which will be of benefit to the LOCAL AGENCY (" PROJECT"); and 3. A portion of the PROJECT is being performed on Brooks Street, Florida Blanca Place and South Perry Avenue in Okaloosa County, Florida, roads not on the State Highway System; and 4. The PROJECT will include landscaping features and stormwater management facilities within the right-of-way; and 5. The PROJECT will include highway lighting to be installed on Miracle Strip Parkway, Brooks Street, Florida Blanca Place, and South Perry Avenue; and 6. Upon completion of the PROJECT, ownership of the right-of-way for South Perry Avenue and for realigned Brooks Street and Florida Blanca Place will be transferred to the City of Fort Walton Beach. 7. The LOCAL AGENCY, by Resolution No. 2022- 5, dated January 25, 2022, 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: 8. The recitals in paragraphs 1- 7 above are true and correct and are made a part of this Agreement. 9. The Parties agree that the DEPARTMENT shall undertake and complete Financial Project I.D. 415474- 2- 52- 01, generally described as the replacement of Brooks Bridge Page 1 of 6  FPID#.: 415474- 2- 52- 01 Rev.: 9/ 21 LOCAL AGENCY: Fort Walton Beach Bridge No. 570034) over Santa Rosa Sound in Okaloosa County, including roadway improvements on SR 30 ( US 98) ( Miracle Strip Parkway) from SR 145 ( Perry Avenue) to Pier PROJECT"). Road, Section No. 57030000, from Beginning MP 11. 690 to End MP 12. 561 (" The PROJECT is further described in the Design-Build Concept Plans dated June 29, 2021, including any updates and/or revisions thereof as final plans are developed and approved by the DEPARTMENT(" PLANS"). The PLANS are hereby incorporated by reference and made a part of this Agreement. The LOCAL AGENCY shall cooperate with and shall support the DEPARTMENT' s work efforts in these regards. The DEPARTMENT shall have final decision authority with respect to the design of the PROJECT and the design review process. 10. The LOCAL AGENCY hereby appoints the DEPARTMENT as its agent for purposes of the notification, construction, reconstruction and relocation of utilities under 337. 402, 337. 403, and 337. 404, Florida Statutes. The LOCAL AGENCY Sections 337. 401, agrees to fully cooperate with the DEPARTMENT in the construction, reconstruction The and right- of-way. may be located within the existing or acquired relocation of utilities that 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. The LOCAL AGENCY acknowledges that the DEPARTMENT will be utilizing 11. state funds on the PROJECT and as a result thereof the LOCAL AGENCY agrees to maintain Florida Blanca Place in perpetuity. The LOCAL South Perry Avenue, Brooks Street and AGENCY further recognizes and acknowledges that if the DEPARTMENT will be utilizing Act (" NEPA") process will federal funds on the PROJECT, the National Environmental Policy 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. 12. 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 located thereon. improvements Additionally, have any ownership interest in the right- of-way, improvements located within the DEPARTMENT' S right- of-way, and the the will remain under the ownership of the DEPARTMENT' S right- of-way, are and DEPARTMENT and the LOCAL AGENCY will not have any maintenance responsibilities nor improvements located thereon. Notwithstanding the ownership interest in the right- of-way, requirements hereof, maintenance during construction shall be the responsibility of the DEPARTMENT and its contractor. 13. 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 Page 2 of 6 IS  FPID#.: 415474- 2- 52- 01 Rev.: 9/ 21 LOCAL AGENCY: Fort Walton Beach