2012-R-13 FAILED
RESOLUTION NO.2012-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LOCALLY FUNDED
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE RIDGEWOOD AVENUE
U.S. 1/S.R. 5 ACCESS MANAGEMENT PROJECT; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, FDOT proposes the Access Management Project for U.S. 1/I.R. 5 (also known as
Ridgewood Avenue) from North of Falcon Avenue to North of Lamont Street , DOT Financial
Identification No. 426889-1-52-01). r4t)
.s
WHEREAS, FDOT is prepared, in accordance with its Adopted- e Year Work Program, to
undertake the project described as: "Modification of Median long/State Road 5/US 1 from North of
Falcon Avenue(milepost 13.664)to North of Lamont Stre (mlepost 15.847)", said project being known
as Financial Management(FM)Number 426889-1-5 - Fiscal Year 2012/2013.
WHEREAS, the City desires the inst4,110on of additional improvements (patterned pavement
overlay) at the intersection of U.SNn1 Pay Avenue within the project to coincide with the
construction of the access ma agem:It improvements.
WHEREAS, 10-T hr e q u e s t e d a financial contribution from the City toward the
7
completion of the project.
WHEREA �i, theity Council has determined that it furthers the City's interest for the City to
contribute `i` r: om• enhancements the project.
3 E AS, FDOT and the City wish to enter into an agreement setting forth the terms and
conditions of the City's involvement in contributing funding toward the project.
WHEREAS,the City Council desires the City Manager to enter into a Locally Funded Agreement for
the completion of additional improvements identified as being on Ridgewood Avenue U.S. 1/S.R. 5.
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
2012-R-13 1
Section 1. The City of Edgewater City Council authorizes the City Manager to enter into a Locally
Funded Agreement, attached hereto and incorporated by reference for the completion of additional
improvements identified as being on Ridgewood Avenue U.S. 1/S.R. 5.
Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby
repealed.
Section 3. This resolution shall take effect upon adoption.
During the June 4, 2012 meeting, after a motion to postpone this item to the ne "meeting by
Councilwoman Bennington with second by Councilman Emter the vote on this resolution is as follows:
3;31;4
AYE NAY
Mayor Mike Thomas >'3 X 1
' a31°,
Councilman Justin A. Kennedy . 4,... X
A ''O
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak 3 "' X
Councilman Gene Em X
During the July 16, 20g 3 P 1 ding a motion was made to approve this resolution by Councilman
A 1
Emter with second by Co,fc lwo f . °Bennington with the votes on this resolution as follows:
t AYE NAY
ay - ice Thomas X
ncilman Justin A. Kennedy X
v- Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
2012-R-13 2
C 0
THIS RESOLUTION FAILED AT THE PUBLIC HEARING by a vote of 1- 3 this 16th day
of July, 2012.
ATTEST:
Ai` If
i�.;-
Bonnie A. Wenzel 'chael Th mes
"r
Robin L. MaftKk
Paralegal O
For the use and reliance only by the City of Approved ne City Council of the City of
Edgewater, Florida. Approved as to form and Edgew,,,a�y(�t _,� eetmg held on this 16'" day of
legality by: Aaron R. Wolfe, Esquire July er Agenda Item No 8c.
City Attorney
Doran, Sims,Wolfe & Kundid
14,14
�7
2012-R-13
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 1 of 10 Revised:
Agency: City of Edgewater Fund: LF Financial Management No.:
Vendor No: F596000314 Contract Amount: $22,534.00 426889-1-52-01
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF EDGEWATER
This AGREEMENT, made and entered into this day of
, 2012, by and between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION (hereinafter referred to as the "DEPARTMENT") and the CITY
OF EDGEWATER, 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: "Modification of Median along
State Road 5/US 1 from North of Falcon Avenue (milepost 13.664) to North of Lamont
Street (milepost 15.847), said project being known as Financial Management (FM)
Number 426889-1-52-01 in Fiscal Year 2012/2013, 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 the funds for the
installation of: Patterned Asphalt Overlay at the Intersections of State Road 5/US 1 at Park
Avenue (milepost 15.652), said improvements shall hereinafter be referred to as the
"Additional Improvements"; and
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 2 of 10 Revised:
WHEREAS, the DEPARTMENT is funding Landscaping Improvements that will
be installed along State Road 5/US 1 from North of Falcon Avenue (milepost 13.664) to
North of Lamont Street (milepost 15.847) for the LOCAL GOVERNMENT, said
improvements shall hereinafter be referred to as the "Landscaping Improvements"; and
WHEREAS, in order to maintain uniformity throughout the Project and to provide
for the Additional Improvements and Landscaping Improvements in a cost effective
manner, the LOCAL GOVERNMENT desires to have said Additional Improvements and
Landscaping Improvements made a part of the Project. The LOCAL GOVERNMENT will
provide funding to the DEPARTMENT to be used for the Additional Improvements 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 terms 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 agrees to incorporate the Additional Improvements
and Landscaping into its plans for the Project, and to construct the Additional
Improvements and Landscaping as a part of said Project, as described in Exhibit"A".
3. The LOCAL GOVERNMENT will prepare, at its expense, all design plans
for the for the Landscaping Improvements suitable for reproduction on 11 inch by 17 inch
sheets, together with a complete set of specifications covering all construction
requirements for the Additional Improvements. Six (6) copies of the design plans shall be
provided to the DEPARTMENT'S Design Project Manager for review and approval, at the
address listed on Page 6. The DEPARTMENT shall review the plans for conformance to
the DEPARTMENT'S requirements and feasibility. The DEPARTMENT'S review shall
not be considered an adoption of the plans nor a substitution for the engineer's
responsibility for the plans. All changes requested by the DEPARTMENT shall be made
by the LOCAL GOVERNMENT at each stage of review, and final, corrected plans shall
be resubmitted to the DEPARTMENT within thirty (30) days. Final plans shall be
complete in every detail and will include a "Summary of Quantities" sheet. It will be the
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 3 of 10 Revised:
responsibility of the LOCAL GOVERNMENT to coordinate the development of the plans
with the DEPARTMENT'S highway plans and make the plans for the Landscaping
Improvements as consistent as possible with the DEPARTMENT'S highway plans. The
LOCAL GOVERNMENT shall confirm the status of the DEPARTMENT'S highway
plans on a regular basis during the development of the Landscaping Improvements plans.
In the event that the LOCAL GOVERNMENT fails to timely submit the plans as required
above, or the final plans are not adequate so as to allow the DEPARTMENT to go forward
with the Landscaping Improvements, the DEPARTMENT may, at its option, elect to
proceed with the Project without the Landscaping Improvements.
4. The DEPARTMENT agrees to consult with landscape architects, engineers,
planners and other persons retained by the LOCAL GOVERNMENT with respect to the
Landscaping Improvements. The LOCAL GOVERNMENT agrees to retain its landscape
architect through the construction duration of the Project in order to provide consultation to
the DEPARTMENT concerning any construction issues involving the Landscaping
Improvements. 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.
5. After construction is complete, the LOCAL GOVERNMENT agrees to
maintain the Additional Improvements and the Landscaping Improvements constructed
under this agreement in perpetuity.
6. LANDSCAPE MAINTENANCE
(A) The DEPARTMENT and the LOCAL GOVERNMENT agree that
until such time as the Landscaping Improvements are needed to be removed from
the Right of Way, the LOCAL GOVERNMENT shall, at all times, maintain the
Landscaping Improvements in a reasonable manner and with due care in
accordance with all applicable DEPARTMENT guidelines, standards, and
procedures (Project Standards)and as herein below specified.
i) The LOCAL GOVERNMENT agrees to maintain the Landscaping
Improvements installed by the DEPARTMENT in accordance with
the Landscape Maintenance Plan(s). Said maintenance will be in
accordance with Florida Administrative Code Rule 14-40.003, as it
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 4 of 10 Revised:
may be amended from time to time. The LOCAL
GOVERNMENT'S responsibility for maintenance shall be
consistent with the requirements of Florida Administrative Code
Rule 14.40.003(5), as it may be amended from time to time. The
maintenance functions to be performed by the LOCAL
GOVERNMENT shall be subject to periodic inspections by the
DEPARTMENT. The LOCAL GOVERNMENT shall not change or
deviate from the approved plans without written approval of the
DEPARTMENT.
ii) All Landscaping Improvements maintenance activities undertaken
by the LOCAL GOVERNMENT shall be in accordance with the
Maintenance of Traffic Plan(s).
iii) If at any time after the LOCAL GOVERNMENT has assumed the
maintenance responsibility of the Landscaping Improvements above-
mentioned, it shall come to the attention of the DEPARTMENT that
the Landscaping Improvements, as designed by the LOCAL
GOVERNMENT, or a part thereof is not properly maintained
pursuant to the terms of this Agreement, the District Secretary or
his/her designee may issue a written notice that a deficiency or
deficiencies exist(s), by sending a certified letter to the LOCAL
GOVERNMENT to place said LOCAL GOVERNMENT on notice
thereof. Thereafter, the LOCAL GOVERNMENT shall have a
period of thirty (30) calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time
period, the DEPARTMENT may terminate the Agreement, in which
case the LOCAL GOVERNMENT shall at its own expense and
within sixty (60) calendar days after written notice by the
DEPARTMENT, remove all of the Landscaping Improvements that
the DEPARTMENT directs be removed and return the Right-of-Way
to its original condition. The LOCAL GOVERNMENT will own
such materials it removes and the DEPARTMENT shall own any
materials remaining.
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 5 of 10 Revised:
iv) It is understood between the parties hereto that the Landscaping
Improvements covered by this Agreement may be removed,
relocated or adjusted by the DEPARTMENT at any time in the
future as determined to be necessary by the DEPARTMENT in order
that the State Road be widened, altered or otherwise changed to meet
with future criteria or planning of the DEPARTMENT. The LOCAL
GOVERNMENT shall be given sixty (60) calendar days notice to
remove said Landscaping Improvements after which time the
DEPARTMENT may remove the same.
7. 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 furnish the
DEPARTMENT a Lump Sum advance deposit in the amount of $22,534.00
(Twenty Two Thousand Five Hundred Thirty Four Dollars and No/100) on or
before July 27, 2012, for full payment of the estimated cost of the Additional
Improvements. The DEPARTMENT may utilize this contribution for payment of
the cost of the Project. If the actual costs of the Additional Improvements are less
than the funds provided the excess will be applied to other phases on the Project.
(B) The DEPARTMENT and the LOCAL GOVERNMENT agree that
the payment shall be an asset of the DEPARTMENT and that it constitutes a full
and final payment for the cost of the Additional Improvements without any
requirement for subsequent accounting for the use of the payment.
(C) The DEPARTMENT'S performance and obligation to construct the
Project is contingent upon an annual appropriation by the Florida Legislature. The
parties agree that in the event funds are not appropriated to the DEPARTMENT for
the Project, this Agreement may be terminated, which shall be effective upon the
DEPARTMENT giving written notice to the LOCAL GOVERNMENT to that
effect.
(D) Both parties further agree that in the event the Additional
Improvements are not constructed or this Agreement is terminated prior to
commencement of construction of the Project, the funds provided by the LOCAL
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 6 of 10 Revised:
GOVERNMENT for construction of the Additional Improvements will be returned
to the LOCAL GOVERNMENT.
(E) The payment of funds under this Locally Funded Agreement will be
made directly to the DEPARTMENT for deposit.
(F) Contact Persons:
Florida Department of Transportation
Shirley Matthews Derek Dixon
JPA Coordinator/MS 521 Project Manager/MS 542
719 South Woodland Boulevard 719 South Woodland Boulevard
DeLand, Florida 32720-6834 DeLand, Florida 32720-6834
PH: (386)943-5452 PH: (386)943-5547
shirley.matthews @dot.state.fl.us derek.dixon @dot.state.fl.us
The City of Edgewater
Tracy Barlow
City Manager
P.O. Box 100
Edgewater, Florida 32132
PH: (321)424-2400 ext. 1201
TTBarlow @cityofedgewater.org
8. 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.
9. 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 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 1 year,
but any contract so made shall be executory only for the value of the services
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 7 of 10 Revised:
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."
10. 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.
11. 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.
12. 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.
13. 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.
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 8 of 10 Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this
Agreement this day of , 2012, and the DEPARTMENT has
executed this Agreement this day of , 2012.
CITY OF EDGEWATER STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Frank J. O'Dea, P.E.
Title: Title: Director of Transportation Development
Attest: Attest:
Executive Secretary
Approved as to Form, Legal Sufficiency Legal Review:
and Execution:
City Attorney
Financial Provision Approval by
Department of Comptroller on:
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 9 of 10 Revised:
Exhibit "A"
SCOPE OF SERVICES
FM#: 426889-1-52-01
The City of Edgewater shall prepare design plans for the installation of landscaping along
SR 5 (US 1) from North of Falcon Avenue (milepost 13.664) to North of Lamont Street
(milepost 15.847) in Volusia County. Plans will also be prepared by the DEPARTMENT
for installation of a patterned asphalt overlay at the intersection of SR 5 (US 1) at Park
Avenue (milepost 15.652). The DEPARTMENT shall review such plans and Cost
Estimate Summary Sheet. The DEPARTMENT shall also include construction of the
landscape and asphalt overlay improvements in the DEPARTMENT'S construction project
for SR 5 and will provide construction oversight and inspection services.
FM#426889-1-52-01 Original Draft: 1/31/2012
Page 10 of 10 Revised:
Exhibit "B"
Resolution
FM# 426889-1-52-01
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