Fort Walton Beach Resolution — 2010-21 - Wright Parkway Sidewalk, LAP — reading text

RESOLUTION 2010- 21 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE LOCAL AGENCY PROGRAM OF THE FEDERAL HIGHWAY ADMINISTRATION AND FLORIDA DEPARTMENT OF TRANSPORTATION THROUGH THE OKALOOSA- WALTON TRANSPORTATION PLANNING ORGANIZATION' S TRANSPORTATION ENHANCEMENT PROGRAM PROJECT PRIORITY LIST FOR SIDEWALK CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE INITIATIVE; AUTHORIZING THE ENGINEERING AND UTILITY SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The Federal Highway Administration and Florida Department of Transportation, through the Local Agency Program, provide funding for sidewalk construction through the Okaloosa- Walton Transportation Planning Organization' s Transportation Enhancement Program Project Priority List. The City is eligible to participate in this competitive grant program and has applied for and been awarded up to $ 180, 060 for sidewalk construction along Wright Parkway from U. S. 98 to Mary Esther Boulevard, with no City match required. The City Council finds that is in the best interests of the citizens of Fort Walton Beach to participate in the Local Agency Program. Therefore, the City Council hereby authorizes the City Manager to execute the Local Agency Program Agreement and all necessary documents to complete grant- related purchases and activities; the Engineering and Utility Services Director to implement, supervise, and manage the initiative pursuant to City purchasing policies and procedures and Florida law; and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 001- 1581- 331- 4900 $ 180, 060 001- 1581- 541- 6353 $ 180, 060 This Resolution shall take effect immediately upon approval by the City Council. Adopted: ~ ,. tf) 11) - 4ih~ Mike Anderson, Mayor Attest: for t{~ elen Spencer, ity Clerk Toni L. Craig, City Attorn  Florida Department of Transportation CHARLIE CRIST STEPHANIE C.KOPELOllSOS 1074 Hwy. 90 East GOVERNOR SECRETARY Chipley, FL 32428 September 10, 2010 Michael D. Beddie, P. E. City Engineer City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32549 Subject: Local Agency Program Agreement FPID 428097- 1- 38- 01 & 428097- 1- 58- 01 Wright Parkway Sidewalks Projects Dear Mr. Beddie: Please find attached one copy of the executed LAP Agreement between the Florida Department of Transportation and the City of F ort Walton Beach dated September 9, 2010 for the design and construction of sidewalks on Wright Parkway. This letter shall serve as the official Notice to Proceed with the Design Phase of this project. This project shall be carried out in accordance with the LAP Agreement and the applicable sections of the LAP Manual. The latest version of the LAP Manual is located at http:// www. dot.state. fl. usfprol ectn1anagen1entofficefLAP fLAP TOC. shtll1. If you have any questions, please feel free to give me a call at ( 850) 638- 0250. Sincerely, bJ~ Keith Shores, P .E. District LAP Administrator Cc: Laura Brewer, FDOT -Chipley File www. dot.state. tl. us  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 1 FPN: 428097- 1- 38- 01 Fund: SE FLAIR Approp: Federal No: 8887- 835- A Org Code: 55' 033040345" FLAIR Obj: FPN: 428097- 1- 58- 01 Fund: SE FLAIR Approp: Federal No: 8887- 836- A Org Code: FLAIR Obj: 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 N~~ z., OO Vendor No: F596000323001 Data Universal Number System ( DUNS) No: 80- 939- 7102 Catalog of Federal Domestic Assistance ( CFDA): 20. 205 Highway Planning and Construction THIS AGREEMENT, made and entered into this q-rl1 day of <;~. eJhbeJ ,! t2iJL by and between the S TATE OF DEPARTMENT OF TRANSPORTATiON, an ag FLORIDA cy of the State of Florida, hereinafter called the Department, and the City of Fort Walton Beach, hereinafter called the Agency. WIT N E SSE 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 pur pose of t his Agreement is to provide for t he Department's par ticipation in the desiqn and construction of sidewalks on Wriqht Parkway 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" and " 1" are attached and made a part hereof. 2. 01 General Requirements: The Agency shall complete t he pr oject as described i n Exhibit" A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. T he pr oject will be per formed in ac cordance with a II applicable Department pr ocedures, gui delines, manuals, standards, and di rectives as described in t he Department's Local Aqency Proqram Manual, which by t his reference is made a par t her eof as if fully s et forth herein. Time is of t he es sence as to eac hand e very obligation un der 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. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority ( which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for t he remaining u nbilled funds 0 n the pr oject. No ot her funds will be pr ovided by t he Department. Agency waives the right to contest such removal of funds by the 0 epartment, if said removal is directly related to Federal ( FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency' s failure or nonperformance. In addition to loss of funding, the Department will consider de- certification of said Agency for future LAP projects.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 2 Removal of All Funds If all funds are removed from the project, including am ounts previously bi lied to the Department and reimbursed to the Agency, and the pr oject is off t he s tate hi ghway system, then the department will ha ve tor equest 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 a grees to complete the project on or before December 31 , 2013. If th e 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 pr ior tot he ex piration 0 f t his Agreement. Expiration of t his A greement will be considered termination of the pr oject. T he cost 0 fan y work performed af ter t he ex piration dat e of t his Agreement w ill not b e reimbursed by the Department. 2. 03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2. 04 Agency Funds: The Agency s hall initiate an d pr osecute t 0 completion all pr oceedings necessary, including federal- aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2. 05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit tot he Department such data, reports, records, contracts, and ot her do cuments relating tot he project as the Department an d the