Fort Walton Beach Resolution — 2023-18 Accepting Grant Funding Coral Creek Nature Trail — reading text

PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09122 b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20. 055( 5), Florida Statutes L This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit " C", Engineer' s Certification of Compliance is attached and incorporated into this Agreement. c. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit " H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit " K", Advance Project Reimbursement is attached and incorporated into this Agreement. e. A portion or all of the Project will utilize the Department's right- of-way and, therefore, Exhibit O, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. f. The following Exhibit(s), in addition to those listed in 16.a. through 16. f., are attached and incorporated into this Agreement: Page 12 of 14 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010-60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09122 g. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Engineer' s Certification of Compliance Exhibit D: Recipient Resolution Exhibit F: Contract Payment Requirements Exhibit H: Alternative Advance Payment Financial Provisions Exhibit J: State Financial Assistance ( Florida Single Audit Act) Exhibit K: Advance Project Reimbursement Exhibit 0: Terms and Conditions of Construction in Department Right -of -Way Additional _Exhibit(s): Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 0912 2 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT City of Fort Walton Beach STATE OF FLORIDA, DEPARTVI OF TRANSPORTATION ANT ocuSigned by: By: By. D OOEA910BEA3D404.. Name: Name: Tim Smith P. E. Title: C' Title: Director of Trans ortation Development Legal Review, ocusigned by: tC; st Kilzlk" 01 By: 140DE2677CAB4D4... Name: Kristy Kirkland Page 14 of 14 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 Alt Form 525-010- 600A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OA PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 05121 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 453224- 1- 54- 01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and City of Fort Walton Beach ( the Recipient) PROJECT LOCATION: The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: PROJECT DESCRIPTION: This project is for the design, construction and CEI services for the City of Fort Walton Beach Coral Creek Nature Trail. Included in this scope of work will be enhancements for pedestrian and bike access, landscaping, lighting and environmental education. All work will be completed within the existing right- of-way. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right- of-way activities. In accordance with Section 10.c. of this Agreement, the Parties agree as follows: The Department hereby notifies the Recipient that for projects that are not located on the Department' s right-of-way, the Recipient is required to hire a contractor prequalified by the Department. The Recipient understands and agrees that the reimbursement amount shall not exceed 50% of the total actual eligible costs submitted for reimbursement up to the maximum amount as specified in paragraph 4. B. and as more fully described in Exhibit " B" of this Agreement. In accordance with Section 10. d. of this Agreement, the Parties agree as follows: For the provision of Construction Engineering Inspection ( CEI) services, the Recipient is required to hire a Department pre- qualified consultant in the appropriate work type. In accordance with Section 10. e. of this Agreement, the Parties agree as follows: The Recipient is required to hire a Department pre -qualified consultant in the appropriate work type for the design phase of the Project. The Recipent shall be responsible for all permitting activities related to the project and notify the Department prior to commencement of any right- of-way activities. The Recipient shall provide a copy of the design plans for the Department' s review and approval prior to advertisement. Plans shall be submitted at 60%, 90% and final plans along with the engineer's cost estimate, Utility Certification, Permit Certification, Right of Way Certification, Railroad Certification, and a complete set of draft bid documents in PDF ( Portable Document Format). The Recipient shall be responsible for