17-1450 Agreement between City and FDOT - Improvements within CR 427 from SR 434 to North of Palmetto AvenueRESOLUTION NO. 17-1450
A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION OF LOCALLY
FUNDED AGREEMENT, OFF SYSTEM PROJECT AGREEMENT AND
THREE PARTY ESCROW AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
LONGWOOD CONCERNING IMPROVEMENTS WITHIN COUNTY
ROAD 427/RONALD REAGAN BOULEVARD FROM STATE ROAD 434
TO NORTH OF PALMETTO AVENUE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation ("FDOT") and City of
Longwood desire to facilitate the FDOT's construction of 7-foot buffered bike lanes, escape areas
and on -street parking within the existing right-of-way improvements within CR 427/Ronald Reagan
Boulevard from SR 434 to North of Palmetto Avenue, as described as the FDOT's Financial
Management Number (FM#) 437931-1-52-01 (the "Project"); and
WHEREAS, the FDOT has requested the City of Longwood to execute and deliver to the
FDOT the Locally Funded Agreement, Off System Project Agreement and Three Party Escrow
Agreement for the aforementioned Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, that:
SECTION 1. The City Commission hereby approves and authorizes the Mayor or the City
Manager of the City of Longwood to execute and deliver to the State of Florida Department of
Transportation the Locally Funded Agreement, Off System Project Agreement and Three Party
Escrow Agreement for the aforementioned Project.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
PASSED AND RESOLVED this 4th day of December, 2017, by the City Commission of the City
of Longwood, Florida.
APPROVED:
_ Ben Paris, Mayor
ATTEST:
Aic4 ng , CRM, City Clerk
Resolution No. 17-1450
Page 1 of 2
Approved as and legality for the use and reliance of the City of Longwood, Florida, only.
W.
Resolution No. 17-1450 - - -
Page 2 of 2
FM# 437931-1-52-01
Page 1 of 9
Original Draft: 10/5/2017
Revised: 11/6/2017
Agency: City of Longwood
Fund: LF
Financial Management No.:
Vendor No: F591-008-196-001
Contract Amount: $50,000.00
437931-1-52-01
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF LONGWOOD
This AGREEMENT, made and entered into this 12 *"'1 day of De G e rr, be t ,
2017, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the "DEPARTMENT") and the CITY OF LONGWOOD, a Florida
municipal corporation (hereinafter referred to as the "LOCAL GOVERNMENT"),
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution, a copy of which is attached
hereto, as Exhibit `B", and made apart hereof, has authorized its officers to execute this
Agreement on its behalf; and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the project described as: "CR 427/Ronald Reagan Boulevard from
SR 434 to North of Palmetto Avenue," said project being known as Financial Management (FM)
Number 437931-1-52-01, hereinafter referred to as the "Project"; and
WHEREAS, the Project is not revenue producing and is contained in the Adopted Work
Program; and
WHEREAS, the implementation of the Project is in the interests of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious,
and economical for the LOCAL GOVERNMENT to provide a portion of the funds for the
construction of CR 427/Ronald Reagan Boulevard from SR 434 to North of Palmetto Avenue, in
Fiscal Year 2017/2018, said Project being known as FM# 437931-1-52-01, hereinafter referred
to as "Construction Contingency;" and
WHEREAS, in order to maintain uniformity throughout the Project and to provide for the
Construction Contingency in a cost effective manner, the LOCAL GOVERNMENT desires to
FM# 437931-1-52-01
Page 2 of 9
Original Draft: 10/5/2017
Revised: 11/6/2017
provide funding to the DEPARTMENT to be used for the Construction Contingency, as
described in "Exhibit A";
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. The term of this Agreement shall begin upon the date of signature of the last parry
to sign and shall remain in full force and effect through completion of all services required of the
LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend or
terminate the Project in whole or in part if the DEPARTMENT determines that such action is in
the best interests of the public.
2. The DEPARTMENT shall undertake and complete the Project using the
Contingency described in Exhibit "A" for the construction of said Project.
3. The DEPARTMENT shall perform the construction, provide all necessary
engineering supervision, and otherwise perform all other necessary work, all as may be
applicable for the Project as previously defined. The Project as previously defined may include
some or all of the foregoing activities. Nothing herein shall be construed as requiring the
DEPARTMENT to perform any activity which is outside the scope of the Project as previously
defined. Except as specifically stated otherwise in this Agreement, all such activities shall be
performed by such entities, at such times, in such manner, under such conditions, and pursuant to
such standards as the DEPARTMENT, in its sole discretion, deems appropriate. The LOCAL
GOVERNMENT shall not have any jurisdiction or control over the DEPARTMENT'S activities,
except as specifically stated in this Agreement. The LOCAL GOVERNMENT shall be entitled
to be advised of the progress of the Project at reasonable intervals upon request.
4. Contribution by the LOCAL GOVERNMENT of the funds for the construction
phase of the Project shall be made as follows:
(A) The LOCAL GOVERNMENT agrees that it will, at least (14) fourteen
calendar days prior to DEPARTMENT'S advertising of the Project, furnish the
DEPARTMENT a deposit in the amount of $50,000.00 (Fifty Thousand Dollars and
No/100) for the construction contingency costs estimated for the Project, Financial
Management Project #437931-1-52-01. The DEPARTMENT may utilize this deposit for
payment of the construction contingency costs of the Project.
(B) The LOCAL GOVERNMENT understands that the construction
contingency costs are subject to increase(s) and agrees to provide additional funds in the
FM# 437931-1-52-01
Page 3 of 9
Original Draft: 10/5/2017
Revised: 11/6/2017
event of any increase(s). The DEPARTMENT will notify the LOCAL GOVERNMENT
as soon as any increase(s) becomes apparent; however, failure of the DEPARTMENT to
so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT
from its obligation to provide for all of the construction contingency costs during the
Project and on final accounting. The LOCAL GOVERNMENT shall provide additional
deposit(s) under specified situations within the stated time period as follows:
a. If the accepted Project bid amount plus allowances is in excess of the
estimated amount, the LOCAL GOVERNMENT will provide an additional deposit
within fourteen (14) calendar days of notification from the DEPARTMENT or prior to
posting of the accepted Project bid, whichever is earlier. If the LOCAL GOVERNMENT
cannot provide the additional deposit within fourteen (14) days, a letter must be
submitted to and approved by the DEPARTMENT'S Project Manager indicating when
the deposit will be made. The LOCAL GOVERNMENT understands the request and
approval of the additional time could delay the Project, and additional costs may be
incurred due to a delay of the Project.
b. Should Project modifications or changes to bid items occur that result in an
increase to the Project costs, the LOCAL GOVERNMENT agrees to provide, without
delay, an additional deposit upon notification from the DEPARTMENT and in advance of
the additional work being performed. Construction contingency costs not paid within 40
(forty) calendar days from the date of the invoice are subject to an interest charge at a rate
established pursuant to Section 55.03, Florida Statutes (F.S.).
c. In the event the final accounting of total project costs is greater than the total
funds on deposit to date, the LOCAL GOVERNMENT will pay the additional amount
within forty (40) calendar days from the date of the invoice from the DEPARTMENT.
The LOCAL GOVERNMENT agrees to pay interest at a rate as established pursuant to
Section 55.03 F.S., on any invoice not paid within 40 (forty) calendar days until the
invoice is paid.
(C) The DEPARTMENT intends to have its final and complete accounting of all
costs incurred in connection with the work performed hereunder within three hundred and
sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the
Project complete when the final payment has been made to the Contractor, not when the
construction work is complete. All Project cost records and accounts shall be subject to
FM# 437931-1-52-01
Page 4 of 9
Original Draft: 10/5/2017
Revised. 11/6/2017
audit by a representative of the LOCAL GOVERNMENT for a period of three (3) years
after final closeout of the Project. The LOCAL GOVERNMENT will be notified of the
final cost. Both parties agree that in the event the final accounting of total project
construction contingency costs pursuant to the terms of this agreement is less than the
total deposits to date, a refund of the excess will be made by the DEPARTMENT to the
LOCAL GOVERNMENT. If the final accounting is not performed within three hundred
and sixty (360) days, the LOCAL GOVERNMENT is not relieved from its obligation to
pay.
The payment of funds under this Locally Funded Agreement will be made directly
to the DEPARTMENT for deposit and as provided in the attached Escrow Agreement
between the LOCAL GOVERNMENT(s), the DEPARTMENT and the State of Florida,
Department of Financial Services, Division of Treasury.
All interest earned will remain in the account to cover cost overruns.
(D) Contact Persons:
Florida Department of Transportation
Lisa Buscher
Program Administrator/MS 4-520
719 South Woodland Boulevard
DeLand, Florida 32720
PH: (386) 943-5452
lisa.buschergdot. state.fl.us
Todd Long
Senior Project Manager/MS 2-542
719 South Woodland Boulevard
DeLand, Florida 32720
PH: (386) 943-5558
todd.longgdot.state. fl.us
City of Longwood
Shad M. Smith, P.E.
City Engineer
City of Longwood - Community Development Department
174 W. Church Avenue
Longwood, FL 32750
PH: (407) 260-3447
ssmith@longwoodfl.org
5. All tracings, plans, specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT
without restriction or limitation on their use. The LOCAL GOVERNMENT may, however,
inspect those materials upon providing reasonable advance notice to the DEPARTMENT.
FM# 437931-1-52-01
Page 5 of 9
Original Draft: 10/5/2017
Revised: 11/6/2017
6. In the event this Agreement is in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) or has a term for a period of more than one (1) year, the provisions of
Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"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 one (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 for 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 one (1) year."
7. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL GOVERNMENT 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 such
party in conjunction with this Agreement.
8. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters
contained herein. The parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representation or agreements whether oral or written.
9. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or
any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be
severable and the remainder of this Agreement shall remain in full force and effect, provided that
the invalidated or unenforceable provision is not material to the intended operation of this
Agreement.
10. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and
agree to the following:
FM# 437931-1-52-01
Page 6 of 9
Original Draft: 10/5/2017
Revised: 11/6/2017
(A) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland
Security's E-Verify System to verify the employment eligibility of all new employees
hired by the LOCAL GOVERNMENT during the term of the contract; and
(B) The LOCAL GOVERNMENT shall expressly require any contractors and
subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify System to verify
the employment eligibility of all new employees hired by the contractor/subcontractor
during the contract term.
FM# 437931-1-52-01
Page 7of9
Original Draft: 10/5/2017
Revised: 11/6/2017
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement
this y � k day of De c-e r y% b e r , 2017, and the DEPARTMENT has executed
this Agreement this 12 +-- day of December , 2017.
CITY COMMISSION
LONGWOOD, FLORIDA
By:
Name: r3e -. '�)Q,65
Title: M.Gv ar
Attest:
l,ty
Legal"Review _
Ci y Attorne
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name: Richard B. Morrow, P.E.
Title: Director of Transportation Development
ttest:
xecutive Secretary
Legal Review:
Financial Provisions Approval by
Department of Comptroller on:
OcAaber Z3, Zd 17
FM# 437931-1-52-01
Page 8 of 9
Exhibit "A"
SCOPE OF SERVICES
Original Draft: 10/5/2017
Revised: 11/6/2017
CR 427/Ronald Reagan Boulevard from SR 434 to North of Palmetto
Avenue
FM#: 437931-1-52-01
Termini — SR 434 to North of Palmetto Avenue
Project length — Approximately 0.43 mile
The scope of the project includes widening to accommodate 7-foot buffered bike lanes, escape
areas and on -street parking within the existing right-of-way. Construction activities include
milling and re -surfacing, 8-foot wide 4" thick concrete sidewalk, 6" thick driveways, detectable
warning surfaces, clearing & grubbing, maintenance of traffic, drainage improvements, adding
and relocating some signs, signing and pavement markings. Work also includes curb and gutter,
sodding, architectural pavers for on -street parking and crosswalks, and signalization work.
Coordination with CFRC (Sunrail) will be required.
The LOCAL GOVERNMENT will be responsible for providing funds for any work that is
ineligible for federal funding reimbursement including the initial contingency amount of
$50,000.00.
FM# 437931-1-52-01
Page 9 of 9
Exhibit "B"
Resolution
FM#437931-1-52-01
Original Draft: 10/5/2017
Revised: 11/6/2017
RESOLUTION NO. 17-1450
A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION OF LOCALLY
FUNDED AGREEMENT, OFF SYSTEM PROJECT AGREEMENT AND
THREE PARTY ESCROW AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
LONGWOOD CONCERNING IMPROVEMENTS WITHIN COUNTY
ROAD 427/RONALD REAGAN BOULEVARD FROM STATE ROAD 434
TO NORTH OF PALMETTO AVENUE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation ("FDOT") and City of
Longwood desire to facilitate the FDOT's construction of 7-foot buffered bike lanes, escape areas
and on -street parking within the existing right-of-way improvements within CR 427/Ronald Reagan
Boulevard from SR 434 to North of Palmetto Avenue, as described as the FDOT's Financial
Management Number (FM#) 437931-1-52-01 (the "Project"); and
WHEREAS, the FDOT has requested the City of Longwood to execute and deliver to the
FDOT the Locally Funded Agreement, Off System Project Agreement and Three Party Escrow
Agreement for the aforementioned Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, that:
SECTION 1. The City Commission hereby approves and authorizes the Mayor or the City
Manager of the City of Longwood to execute and deliver to the State of Florida Department of
Transportation the Locally Funded Agreement, Off System Project Agreement and Three Party
Escrow Agreement for the aforementioned Project.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
PASSED AND RESOLVED this 4th day of December, 2017, by the City Commission of the City
of Longwood, Florida:
APPROVED:
s
Ben Paris, Mayor
ATTEST-4/i
Miche ng , CRM, City Clerk
Resolution No. 17-1450
Page 1 of2
Ji
.
Approved as�ke-fsr n and legality for the use and reliance of the City of Longwood, Florida, only.
Resolution No. 17-1450
Page 2 of 2
OFF SYSTEM PROJECT AGREEMENT
Between
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("FDOT")
and
the CITY OF LONGWOOD, FLORIDA, a municipal corporation incorporated
under the laws of the State of Florida
("LOCAL GOVERNMENT")
WHEREAS, the State of Florida Legislature has approved and mandated the
FDOT to complete the various projects included in the FDOT's Work Program; and
WHEREAS, included in the FDOT Work Program is Project Number FM
437931-1 (CR 427/Ronald Reagan Boulevard from SR 434 to North of Palmetto Avenue)
located in Longwood, Florida, a project not on the State Highway System; and
WHEREAS, the LOCAL GOVERNMENT and Seminole County, a Charter
County and political subdivision of the State of Florida ("COUNTY") agree that the
LOCAL GOVERNMENT is more appropriately situated to administer COUNTY
Transportation Improvement Projects that are physically located substantially within the
territorial limits of the LOCAL GOVERNMENT, and have memorialized such
agreement in an Interlocal Agreement effective September 14, 2016; and
WHEREAS, the LOCAL GOVERNMENT and the FDOT agree that it is in the
best interest of each party for the FDOT to undertake and to complete all aspects of the
project, including but not limited to the construction, construction inspection, utilities,
permits, and other associated tasks.
NOW THEREFORE,
1. The parties agree that the FDOT shall act on behalf of the LOCAL GOVERNMENT
to undertake and to complete project number FM 437931-1, generally described as the
construction of the CR 427/Ronald Reagan Boulevard from SR 434 to North of Palmetto
Avenue, hereinafter "Project". The Project shall include the tasks listed and the limits of
right of way described in Exhibit "A" hereto and all other tasks associated with or arising
out of the tasks listed therein. The LOCAL GOVERNMENT shall cooperate with and
shall support the FDOT's work efforts in these regards. The FDOT shall have final
decision authority with respect to the design of the Project and the design review process.
2. The LOCAL GOVERNMENT shall, through the passage of a formal resolution of the
City Council, consent to and authorize the FDOT to act on behalf of, for the benefit of
and in the name of the City of Longwood, to further do all acts necessary, including
securing all environmental and regulatory permits, easements, temporary construction
easements and rights of entry associated with the Project, in the name of the LOCAL
GOVERNMENT. This right of entry shall continue in full force and effect throughout the
period of time that the Project is ongoing.
3. To the extent necessary, the LOCAL GOVERNMENT hereby appoints the FDOT as
its agent for purposes of the construction; reconstruction, and relocation of utilities under
section 337.403(1), Florida Statutes. The LOCAL GOVERNMENT agrees to fully
cooperate with the FDOT in the construction, reconstruction and relocation of utilities
that may be located within the existing or acquired right of way. The parties agree to
meet on a periodic basis, as determined to be necessary by the FDOT, during the
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 GOVERNMENT 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 by the LOCAL GOVERNMENT.
4. The LOCAL GOVERNMENT acknowledges that the FDOT will be utilizing federal
funds on the Project and as a result thereof the LOCAL GOVERNMENT agrees to
maintain the Project according to LOCAL GOVERNMENT standards for the useful life
of the Project. The LOCAL GOVERNMENT further recognizes and acknowledges that if
the FDOT will be utilizing federal funds on the Project that the NEPA process will need
to be completed and the FDOT reserves the right to adjust the plans and or design of the
Project to meet the needs of the permits. The LOCAL GOVERNMENT 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.
5. The parties hereto acknowledge that the COUNTY is jurisdictionally responsible for
County Road 427 and the COUNTY acknowledges that the rights to improve the
roadway have been assigned to the LOCAL GOVERNMENT by Interlocal Agreement.
The parties further acknowledge that the right of way and the improvements and
structures to be located within the right of way, are and will remain under the control of
the LOCAL GOVERNMENT and that the FDOT will not have any ownership interest in
the right of way, improvements or structures located thereon. Notwithstanding the
requirements hereof, maintenance within the Project limits during construction shall be
the responsibility of the FDOT and its contractor.
6. The parties understand and agree that the FDOT and the LOCAL GOVERNMENT
shall cooperate with and keep each other well informed of the work efforts and progress
hereunder. The FDOT shall have the sole authority with respect to make all decisions
relating to, and including the need for, change orders and supplemental agreements
associated with construction of the Project.
7. All payment and performance bonds shall be issued in favor of the FDOT. All
warranties, if any, shall be made in favor of the LOCAL GOVERNMENT.
8. The FDOT shall require its Contractor to provide insurance as required by FDOT
construction contract specifications.
9. Project Completion
9.1 Upon completion of the Project, but prior to the issuance of the Notice of Final
Acceptance, FDOT shall submit to the LOCAL GOVERNMENT written notice that:
A. 1. Project Contract Document requirements have been met.
2. Work has been inspected for compliance with Project Contract
Documents.
3. Work has been completed in accordance with Project Contract
Documents.
4. Equipment and systems have been tested in the presence of LOCAL
GOVERNMENT's representative and are operational.
5. All minor deficiencies have been corrected or completed and the
Project is ready for final inspection.
6. All operation and maintenance manuals have been submitted and are
acceptable.
7. Project record documents are complete and submitted.
B. LOCAL GOVERNMENT will make an inspection with FDOT to verify the
status of completion with reasonable promptness after receipt of such
certification.
C. Should the parties agree that the Project is incomplete or defective:
1. FDOT shall remedy any deficiencies, and send a second written
notification to LOCAL GOVERNMENT that the Project is complete.
2. If necessary, the LOCAL GOVERNMENT will re -inspect the Project
with FDOT.
D. Upon completion, the FDOT shall issue a Notice of Final Acceptance to the
Department's Contractor with a copy of said notice being provided to the LOCAL
GOVERNMENT.
9.2 Upon completion of the Project, the FDOT shall issue a Notice of Final Acceptance
to the contractor with a copy of said notice being provided to the LOCAL
GOVERNMENT. Upon issuance of the Notice of Final Acceptance, the LOCAL
GOVERNMENT shall be immediately responsible for the perpetual maintenance of the
Project. The FDOT shall also have the right to assign interim maintenance responsibility
to the LOCAL GOVERNMENT 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 FDOT to the LOCAL GOVERNMENT in writing with sufficient
description to place the LOCAL GOVERNMENT on notice of the interim maintenance
responsibility. Notwithstanding the issuance of the Notice of Final Acceptance, the
FDOT shall have the right to assure completion of any punch list by the contractor.
Additionally, the LOCAL GOVERNMENT understands and agrees that the FDOT shall
transfer all permits to the LOCAL GOVERNMENT as the operational maintenance
entity and the LOCAL GOVERNMENT agrees to accept said transfer and to become
fully responsible to comply with all operational and maintenance conditions of the
permits.
10. 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 FDOT and the improvements have been turned over to the LOCAL
GOVERNMENT by the FDOT by formal notice from the FDOT. The FDOT 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.
11. Pursuant to Section 287.058, Florida Statues, the FDOT may unilaterally cancel this
agreement for refusal by the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT in conjunction
with this agreement except for the obligation of the LOCAL GOVERNMENT to
maintain the Project and said agreement shall be perpetual as to that obligation.
12. In the event that any election, referendum, approval or permit, notice or other
proceeding or authorization is required to be undertaken by the LOCAL
GOVERNMENT to enter into this agreement or to undertake the Project, the LOCAL
GOVERNMENT will expeditiously initiate and consummate, as provided by law, all
actions necessary with respect to any such matters with time being of the essence.
13. The LOCAL GOVERNMENT shall initiate and prosecute to completion all
proceedings or actions necessary to enable the LOCAL GOVERNMENT to provide any
necessary funds for completion of the Project, including but not limited to entering into a
Locally Funded Agreement with the FDOT to provide sufficient funding for various
enhancements to the Project.
14. It is understood that the FDOT's participation in said Project is subject to:
a.) Legislative approval of the FDOT's appropriation request in the work program
year that the Project is scheduled;
b.) Availability of funds based on the following limitations:
i.) The FDOT's performance and obligations to pay under this agreement
is contingent upon an annual appropriation by the Legislature. If the
FDOT'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.
ii.) 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 §339.135(6)(a), Fla.
Stat. 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."
15. 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.
16. All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery or express mail and shall be deemed to
have been received by the end of five business days from the proper sending thereof
unless proof of prior actual receipt is provided. Each party hereto shall have the
continuing obligation to notify each other of the appropriate persons for notices to be sent
to pursuant to the terms of this agreement. Unless otherwise notified in writing, notices
shall be sent to the following:
To LOCAL GOVERNMENT:
Shad M. Smith, P.E.
City Engineer
City of Longwood - Community Development Department
174 W. Church Avenue
Longwood, FL 32750
To the FDOT:
State of Florida, Department of Transportation
Alan E. Hyman, P.E., Director of Transportation
719 South Woodland Boulevard
DeLand, FL 32720
17. No modification of this Agreement shall be binding on the Parties unless reduced to
writing and signed by a duly authorized representative of the Parties.
18. In the event of any legal action to enforce the terms of this Agreement each party
shall bear its own attorney's fees and costs.
The individual identified as the person to receive notice hereunder shall have the
authority to act on behalf of and to bind the LOCAL GOVERNMENT and the FDOT,
respectively, as to all determinations required to be made under the terms of this
agreement.
To LOCAL GOVERNMENT:
Shad M. Smith, P.E.
City Engineer
City of Longwood - Community Development Department
174 W. Church Avenue
Longwood, FL 32750
To the FDOT:
State of Florida, Department of Transportation
Alan E. Hyman, P.E., Director of Transportation
719 South Woodland Boulevard
DeLand, FL 32720
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates
exhibited by the signatures below.
STATE OF FLORIDA CITY OF LONGWOOD, a
DEPARTMENT OF TRANSPORTATION municipal corporation
an Agency of the State of Florida incorporated under the laws of the
Title:"b-trea r S
Date: I z- I iz. ( l?
FDOT Legal Review
State of Florida
By:,fn�AriS
Title: Mck\lLY
Date: Q )q 1ar'k'a
Attest:
dj//'/n
By: 0\-icy\1e I- _ - qo
Title:,CkAj L1e✓k -
Date: 1a hl. I-Ant-4.
Exhibit "A"
SCOPE OF SERVICES
FM#437931-1-52-01
Termini — SR 434 to North of Palmetto Avenue
Project length — Approximately 0.43 mile
The scope of the project includes widening to accommodate 7-foot buffered bike lanes,
escape areas and on -street parking within the existing right-of-way. Construction
activities include milling and re -surfacing, 8-foot wide 4" thick concrete sidewalk, 6"
thick driveways, detectable warning surfaces, clearing & grubbing, maintenance of
traffic, drainage improvements, adding and relocating some signs, signing and pavement
markings. Work also includes curb and gutter, sodding, architectural pavers for on -street
parking and crosswalks, and signalization work.
Coordination with CFRC (Sunrail) will be required.
The LOCAL GOVERNMENT will be responsible for providing funds for any work that
is ineligible for federal funding reimbursement including the initial contingency amount
of $50,000.00. All financial responsibilities and conditions will be established via a
separate Locally Funded Agreement, as noted in Section 13 of this Off -System
Agreement.
RESOLUTION NO. 17-1450
A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION OF LOCALLY
FUNDED AGREEMENT, OFF SYSTEM PROJECT AGREEMENT AND
THREE PARTY ESCROW AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
LONGWOOD CONCERNING IMPROVEMENTS WITHIN COUNTY
ROAD 427/RONALD REAGAN BOULEVARD FROM STATE ROAD 434
TO NORTH OF PALMETTO AVENUE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation ("FDOT") and City of
Longwood desire to facilitate the FDOT's construction of 7-foot buffered bike lanes, escape areas
and on -street parking within the existing right-of-way improvements within CR 427/Ronald Reagan
Boulevard from SR 434 to North of Palmetto Avenue, as described as the FDOT's Financial
Management Number (FM#) 437931-1-52-01 (the "Project"); and
WHEREAS, the FDOT has requested the City of Longwood to execute and deliver to the
FDOT the Locally Funded Agreement, Off System Project Agreement and Three Party Escrow
Agreement for the aforementioned Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, that:
SECTION 1. The City Commission hereby approves and authorizes the Mayor or the City
Manager of the City of Longwood to execute and deliver to the State of Florida Department of
Transportation the Locally Funded Agreement, Off System Project Agreement and Three Party
Escrow Agreement for the aforementioned Project.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
PASSED AND RESOLVED this 4th day of December, 2017, by the City Commission of the City
of Longwood, Florida.
APPROVED:
Ben Paris, Mayor
ATTEST:
_ 40111111�4zllll
Miche ng , 040FCRM, City Clerk
Resolution No. 17-1450
Page 1 of 2
Approved as to-f&rm and legality for the use and reliance of the City of Longwood, Florida, only.
W. Lane CAvAf(ornor
Resolution No. 17-1450
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