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2026-R-21 - Authorize the City Manager to execute the Air Park and Silver Palm Drive SidewalksRESOLUTION NO. 2026-R-21 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, ACCEPTING THE AIR PARK ROAD/SILVER PALM DRIVE SIDEWALKS FROM 30TH STREET TO SOUTH OF STATE ROAD 442 (FPN 448814-1-32-01) LOCALLY FUNDED AGREEMENT AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation and City of Edgewater, Florida desire to facilitate the Air Park Road/Silver Palm Drive Sidewalks from 30th street to South of State Road 442 (FPN 448814-1-32); and WHEREAS, the State of Florida Department of Transportation has requested The City of Edgewater to execute and deliver to the State of Florida Department of Transportation the Locally Funded Agreement for the aforementioned project, FPN 448814-1-32-01; and WHEREAS, The City of Edgewater is actively encouraging and investing in sidewalk and trails to increase multi -modal transportation options to better serve the community. NOW, THEREFORE, BE IT RESOLVED by the Board of the City of Edgewater Commissioners that Joe Mahoney, City Manager, is hereby authorized to make, execute, and deliver to the State of Florida Department of Transportation the Locally Funded Agreement for the aforementioned project, FPN 448814-1-32-01. SECTION 1. AUTHORITY The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, Chapter 177.101(5), and Article IX (Application Procedures) of Chapter 21 (Land Development Code) of the City of Edgewater. 2026-R-21 SECTION 2. INTENT The City of Edgewater fully supports the proposed project to widen Old Mission Road from Josephine Street to Park Avenue, recognizing it as essential to public safety, access to education, and community growth. The City of Edgewater endorses any and all County applications for grant funding to finance planning, design, and construction of the road widening project. The City of Edgewater strongly encourages the County to seek multiple sources of grant funding for the Old Mission Road traffic improvement project. SECTION 3. RECORDING A certified copy of this Resolution shall be filed with the Volusia County Property Appraiser and duly recorded into the Public Records of Volusia County, Florida, by the Volusia County Clerk of Court. SECTION 4. CONFLICTING PROVISIONS All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY AND APPLICABILITY If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. SECTION 6. ADOPTION AND EFFECTIVE DATE This resolution shall take effect upon adoption. 2026-R-21 2 l Z-2i-9ZOZ Xoujo.pV A4iD `TuT jLqqS )uo-qjuy :aanoxaaV auV GaMa H �r )11010 2ugod `uidno L onbiuM as��T:'V.... Jokaw modoQ iozoiQ 9ZOZ 2LI (1 JO IT --� .0 QRZaOC[V AlfIG GNIV QHSSVd I Z-2i-9ZOZ V I!glgxl FPN: 448814-1-32-01 Page 1 of 9 Agency: City of Edgewater Fund: LF Financial Project No.: Vendor No: F596000314002 Contract Amount: $394,543.00 448814-1-32-01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF EDGEWATER This AGREEMENT, made and entered into , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the "DEPARTMENT") and the CITY OF EDGEWATER (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 Design services for the project described as: "Air Park Road/Silver Palm Drive Sidewalks from 30th Street to South of State Road 442", said project being known as Financial Project Number (FPN) 448814-1-32-01, 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 Design services of the Project in Fiscal Year 2025/2026, said portion of the Project being known as FPN 448814-1-32-01, and said costs hereinafter referred to as the "Federal -Aid Funding Shortfall' and WHEREAS, in order to maintain uniformity throughout the Project and to provide for the Federal -Aid Funding Shortfall in a cost effective manner, the LOCAL GOVERNMENT desires to provide funding to the DEPARTMENT to be used for the Federal -Aid Funding Shortfall, as described in "Exhibit A". F P N: 448814-1-32-01 Page 2 of 9 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 party 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 Design services for the Project using the Federal -Aid Funding Shortfall described in Exhibit "A". 3. The DEPARTMENT shall perform the Design services for the Project. 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 Design phase of the Project shall be made as follows: (A) The LOCAL GOVERNMENT and the DEPARTMENT agree to share the cost for Design services of the Project. The LOCAL GOVERNMENT agrees to provide the Federal -Aid Funding Shortfall for the Design services and the DEPARTMENT agrees to provide the remaining federal funds for the federal participating share of the Design services, up to $310,741.00 (Three Hundred Ten Thousand Seven Hundred Forty - One Dollars and No/100). (B) The share of the LOCAL GOVERNMENT shall be, at a minimum, the stated percentage of the actual Federal -Aid Funding Shortfall for the project. However, in the event the federal government fails to provide an amount which is equal to the anticipated federal participating share, the LOCAL GOVERNMENT shall be responsible for 100% of the funds required to make up the shortfall, including cost overruns and/or supplemental agreements not paid by federal funds. The DEPARTMENT is only responsible for the stated federal participating share as described in paragraph 4(A). The Project is off the "State Highway System", therefore, in accordance with Section F P N : 448814-1-32-01 Page 3 of 9 339.08(1), F.S., State funding cannot be used for payments of non -participating costs on this Project. (C) Should such shortfalls occur, due to a determination that said costs are non -participating, the LOCAL GOVERNMENT agrees to provide, without delay adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the shortfall. The DEPARTMENT shall notify the LOCAL GOVERNMENT as soon as it becomes apparent there is a shortfall; however, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation of the Federal -Aid Funding Shortfall during the project and on final accounting, as provided herein below. (D) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this Project is $705,284.00 (Seven Hundred Five Thousand Two Hundred Eighty -Four Dollars and No/100). The estimated LOCAL GOVERNMENT share for 100% of the funding shortfall portion of the project is $394,543.00 (Three Hundred Ninety -Four Thousand Five Hundred Forty -Three Dollars and Noll 00). (E) The LOCAL GOVERNMENT agrees that it will, on or before but no later than within at least fourteen (14) calendar days of the execution of this Agreement, furnish the DEPARTMENT an advance deposit in the amount of $394,543.00 (Three Hundred Ninety -Four Thousand Five Hundred Forty -Three Dollars and No/100). The deposit shall be the total estimated Federal -Aid Funding Shortfall. (F) If the Federal -Aid Funding Shortfall costs are in excess of the advance deposit amount, the LOCAL GOVERNMENT will provide, without delay, an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT, so that the total deposit is equal to the Federal -Aid Funding Shortfall. The DEPARTMENT will notify the LOCAL GOVERNMENT as soon as it becomes apparent the Federal -Aid Funding Shortfall costs are in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation on final accounting as provided herein below. 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 delay of the project. (G) If the Federal -Aid Funding Shortfall costs are less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit FPN: 448814-1-32-01 Page 4 of 9 exceeds the LOCAL GOVERNMENT's share of the Federal -Aid Funding Shortfall costs if such refund is requested by the LOCAL GOVERNMENT in writing. (H) Should project modifications occur that increase the Federal -Aid Funding Shortfall costs, the LOCAL GOVERNMENT will be notified by the District accordingly. The LOCAL GOVERNMENT agrees to provide, without delay, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the Federal -Aid Funding Shortfall Costs. The DEPARTMENT shall notify the LOCAL GOVERNMENT as soon as it becomes apparent the Federal -Aid Funding Shortfall Costs will overrun the advance deposit amount. However, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation on final accounting as provided herein below. (1) 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 (360) calendar days of final payment to the Consultant. All project cost records and accounts shall be subject to audit by a representative of the LOCAL GOVERNMENT for a period of three (3) years after final close out of the project. The LOCAL GOVERNMENT will be notified of the final cost. The parties agree that in the event the final accounting of total project 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) calendar days, the LOCAL GOVERNMENT is not relieved from its obligation to pay. (J) In the event said final accounting of total project costs is greater than the total deposits to date, the LOCAL GOVERNMENT will pay the additional amount within forty (40) calendar days from the date of the invoice. The LOCAL GOVERNMENT agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes (F.S.), on any invoice not paid within the forty (40) calendar days until the invoice is paid. (K) Contact Persons: DEPARTMENT District 5 Local Government Agreements 719 South Woodland Boulevard, M.S. 4-520 Deland, Florida 32720 (386) 943-5623 D5-LGA(cD_dot. state.fl. us F PN: 448814-1-32-01 LOCAL GOVERNMENT Ryan Solstice Development Services Director City of Edgewater 2140 South Riverside Drive, Unit 28 Edgewater, Florida 32132 (386) 424-2400 rsolstice(@cityofedgewater.org Page 5 of 9 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. 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. FPN: 448814-1-32-01 Page 6 of 9 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: (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. The remainder of this page intentionally left blank. F P N : 448814-1-32-01 Page 7 of 9 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement on CITY OF EDGEWATER By: Name: Title: Attest: Legal Review: LOCAL GOVERNMENT Attorney , and the DEPARTMENT has executed this Agreement on STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: James S. Stroz, Jr., P.E. Title: Director of Transportation Development Attest: Executive Secretary Legal Review: DEPARTMENT Attorney Financial Provisions Approval by Department of Comptroller on: October 5, 2020 FP N : 448814-1-32-01 EXHIBIT "A" SCOPE OF SERVICES Page 8 of 9 The scope of this project proposes the construction of new 5 -foot -wide and 8 -foot -wide concrete sidewalks within the Florida Shores subdivision to provide a continuous facility connecting the subdivision from 30th Street to south State Road (SR) 442. This project is located in the City of Edgewater along Air Park Road/Silver Palm Drive. The project extends for a total length of 1.17 miles along the following roadways: • Silver Palm Drive — from 30th Street to 22nd Street • 22nd Street — from Silver Palm Drive to Air Park Road • Air Park Road — from 22nd Street to South of SR 442 Proposed improvements include the design of a 5 -foot -wide and 8 -foot -wide concrete sidewalk. Additional design elements include the design and calculations of .proposed ditches, mitered end sections, and ditch bottoms inlets to retrofit the existing drainage system, as well as minor striping and signage relocations. All pedestrian facilities and amenities shall adhere to current Americans with Disabilities Act (ADA) standards. The design services shall include project management, sidewalk design, drainage design, signing and pavement marking design, maintenance of traffic design, project specifications package, quantity calculations, design and right-of-way survey, subsurface utility exploration, geotechnical investigation, utility coordination, environmental assessments and permitting, and a cultural resources survey. Right of way acquisition is not anticipated, but there is an ongoing transfer of an existing pond parcel along the route from FDOT to the City of Edgewater. A permit modification from the St. Johns River Water Management District is anticipated along with a Nationwide Permit from USACE. These permits will be obtained prior to construction. The project shall be designed within the limits of the right of way or easements. The City of Edgewater (LOCAL GOVERNMENT) shall be responsible for the preparation and submittal of a technical memorandum providing the supporting documentation, as well as any independent reports needed, for all items on the Type 1 Categorical Exclusion (CE) Checklist. The LOCAL GOVERNMENT shall not be responsible for filling out the actual form. FDOT will prepare the checklist using the supplied information. All Principal Investigators for the archaeological, historical, and architectural sections of the Type 1 CE shall meet the minimum requirements stated in the Florida Administrative Code (Chapter 1A-46) and the Code of Federal Regulations, 36 C.F.R. 61. The Volusia Flagler TPO has established a 10% local match for this project. The LOCAL GOVERNMENT will be responsible for providing funds for the required 10% local match and funding shortfall in the initial amount of $394,543.00 (Three Hundred Ninety -Four Thousand Five Hundred Forty -Three Dollars and No/100). FPN: 448814-1-32-01 EXHIBIT "B" RESOLUTION Page 9 of 9 The Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement.