Okaloosa County BOCC — April 27, 2013 — reading text

Packet Pg. 315 7.21.a Attachment: Kitty Hawk Kites April Festival permit (1493 : Special Event Permit, Kitty Hawk Kite Festival) Packet Pg. 316 7.21.b Attachment: Kitty Hawk Kites April Festival request (1493 : Special Event Permit, Kitty Hawk Kite Festival) Packet Pg. 317 7.21.c Attachment: Kitty Hawk Kites April Festival leaseholder approval (1493 : Special Event Permit, Kitty Hawk  7.22 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 19, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: 12th Avenue Sidewalk Improvements (Construction LAP) DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: The Florida Department of Transportation (FDOT) has issued a LAP Agreement to Okaloosa County in the amount of $170,818.00 for Construction/CEI of the 12th Avenue Sidewalk Improvements Project. Construction must be completed by December 31, 2013. There is no funding match required by Okaloosa County with this Agreement. BACKGROUND AND ANALYSIS: The 12th Avenue Sidewalk Improvements Project was first submitted to the West Florida Regional Planning Council’s Transportation Enhancement Program for consideration in 1995. The project was found to be eligible for funding and has been supported by annual re-submittals since that time. The project consists of adding pedestrian sidewalk along the south side of 12th Avenue from State Road 85 (Eglin Parkway) to 12th Street in Shalimar, FL. Design was completed in December 2012 and funded via previous FDOT LAP Agreement. Funding from the LAP attached will pay for the construction of the sidewalk and construction engineering, administration & inspection services. Contracts for the construction of the sidewalks and the engineering services will be let by Okaloosa County and all work will be reimbursed by FDOT through the LAP agreement. OPTIONS: Approve/Disapprove execution of the LAP Agreement and all future grant documents during the term of the grant for construction of the 12th Avenue Sidewalk Improvements Project; including, but not limited to, the Resolution of Authorization, and subsequent permission to advertise the Request for Bids. RECOMMENDATION: Staff requests the Board of County Commissioners approve execution of the LAP Agreement and all future grant documents during the term of the grant for construction of the 12th Avenue Sidewalk Improvements Project; including, but not limited to, the Resolution of Authorization, and subsequent permission to advertise the Request for Bids. . Packet Pg. 318  7.22 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 319  7.22.a RESOLUTION No. _________ Attachment: 2013-02-25_12thAveConst_LAPResolution (1477 : 12th Avenue Sidewalk Improvements (Construction LAP)) BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA, that Don R. Amunds, Chairman of the Board of County Commissioners, Okaloosa County, Florida be authorized to execute the following LOCAL AGENCY PROGRAM AGREEMENT on behalf of Okaloosa County to provide for the following project: Construction of the 12th Avenue Sidewalk Improvements LAP Project (FPID: 428115-1-58-01 & 428115-1-68-01) DULY PASSED AND ADOPTED THIS 19th DAY OF March , 2013. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ___________________________________ Don R. Amunds CHAIRMAN ATTESTS: CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA GARY J. STANFORD DEPUTY CLERK Packet Pg. 320  7.22.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT – 10/12 LOCAL AGENCY PROGRAM AGREEMENT Page 1 FPN: 428115-1-58-01 Fund: TALT FLAIR Approp: Federal No: 8886-331-A Org Code: FLAIR Obj: FPN: 428115-1-68-01 Fund: TALT FLAIR Approp: Federal No: 8886-331-A Org Code: FLAIR Obj: Attachment: Construction_CEI_LAPAgreement (1477 : 12th Avenue Sidewalk Improvements (Construction LAP)) FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:(57) Okaloosa Contract No: Vendor No: VF596000765015 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 613-277-649 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Okaloosa County B.O.C.C. hereinafter called the Agency. W I T N E S S E T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in the construction of sidewalk along 12th Avenue and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the “project,” and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A, B, C, & 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently that on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP projects. Packet Pg. 321  7.22.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT – 10/12 LOCAL AGENCY PROGRAM AGREEMENT Page 2 appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP projects. Removal of All Funds Attachment: Construction_CEI_LAPAgreement (1477 : 12th Avenue Sidewalk Improvements (Construction LAP)) If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2013. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to