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2012-R-24 RESOLUTION#2012-R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SUPPLEMENTAL LOCAL AGENCY PROGRAM ("LAP") AGREEMENT, FPN # 430183-1-38-01; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation and City of Edgewater desire to facilitate the design of the U.S. Highway No. 1 Sidewalk Project; and WHEREAS, the State of Florida Department of Transportation has requested the City of Edgewater enter into, execute and deliver the Supplemental Local Agency Program Agreement for Project Number FPN 430183-1-38-01. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City Council approves the Supplemental Local Agency Program Agreement for the design of the U.S. Highway No. 1 Sidewalk Project (FPN 430183-1-38-01) and hereby authorizes the Mayor to execute said Agreement, which is attached hereto and incorporated herein as Exhibit "A". Section 2. The City Clerk is hereby instructed to forward a fully executed original of the Florida Department of Transportation Supplemental Local Agency Program Agreement, FPN 430183-1-38-01 to the Florida Department of Transportation. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 2012-R-24 1 9 K repealed. Section 5. This resolution shall take effect immediately upon its adoption. Section 6. ////1111�� After a motion to approve by �bAvith second by igl,the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas _ Councilman Justin A. Kennedy't. Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter Y PASSED, APPROVED AND ADOPTED this /olfh day of Norma 2012 ATTEST: CITY COUNCIL OF THE i=i9cL Mike The as Mayor �Okti lY 7�pl�.E1n_r. Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this laL+4) day of legality by: Aaron R. Wolfe, Esquire ND, 2012 under Agenda Item No gld. City Attorney Doran, Suns, Wolfe & Kundid 2012-R-24 3 Exhibit "A" 2012-R-24 3 525-010-32 PRODUCTION SUPPORT 09/11 Page 1 of 4 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-38-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT AQF 04 The Florida Department of Transportation and City of Edgewater desire to supplement the original Agreement entered into and executed on September 6, 2011 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name US 1 Sidewalks Length 4.7 Miles Termini: From Volco Road to the Northern City Limits Description of Work: The design and mapping of right-of-way lines for a 5' or 6' wide concrete sidewalks along US 1. Along the east and west sides of US 1 from Volco Road to the northern City limits. Work will involve substantial drainage modifications to the existing rural conveyance/treatment facilities along the roadway. Scope also includes ADA modifications to existing driveways and pedestrian crossing modifications to existing intersections along the route, including the signalized intersections of Ocean, SR 442, Falcon and Roberts. Termini is Volco Road to the northern City limits with a total project length of approximately 4.7 miles. Reasons for Supplement and Supporting Engineering and/or Cost Analysis: To modify the above description of work as follows: Replace Ocean signalized intersection with the signalized intersection of Park Avenue and add the school zone crossing at Ocean Avenue. See attached map: Green Line- 5 and/or 6 foot sidewalk on the east and west side of SR 5 from SR 442 to 10th Street. Yellow Line-8 foot sidewalk on the east side of SR 5 from Volco Road to SR 442. Pursuant to Paragraph 4M Project Estimate and Disbursement Schedule of the Local Agency Program Agreement, the Agency and the Department acknowledge and agree that the Schedule of Funding for design includes the authorized and encumbered Federal funding for this project shall be reduced to an amount equal to the Agency's design contract award amount of$1,350,326.98 Said revision is reflected on the Adjusted Exhibit B Schedule of Funding, attached hereto and incorporated herein, as Page 2 of 4. 525-010-32 PRODUCTION SUPPORT 09/11 ADJUSTED EXHIBIT"B"SCHEDULE OF FUNDING Page 2 of 4 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-38-01 DUNS NO. SUPPLEMENTAL AGREEMENT CONTRACT NO. 80-939-7102 AQF 04 TYPE OF WORK FUNDING B Fiscal Year (1) (2) (3) (4) (5) y PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE& PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development& Environment(PD&E) FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 $1,500,000.00 ($149,673.00) $1,350,327.00 0.00 $1,350,327.00 FY: 2012-2013 FY: 2013-2014 Total Design Cost $1,500,000.00 ($149,673.00) $1,350,327.00 $0.00 $1,350,327.00 Right-of-Way FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Construction Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction Engineering and Inspection(CEI) FY: 2008-2009 FY: 2009-2010 FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total CEI Cost $0.00 $0.00 $0.00 $0.00 $0.00 - Total Construction&CEI Costs $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL COST OF THE PROJECT $1,500,000.00 ($ 149,673.00) $1,350,327.00 $0.00 $1,350,327.00 525 N2 PROOMTIONaNPPORT Owl1 Page 3 Of 4 SUPPLEMENTAL NO. STATE OF FLoww DEPAmMENT OF Tr SPORTAnaV FPN LOCAL AGENCY PROGRAM 1 SUPPLEMENTAL 430183-1-38.01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AOF 04 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY (City of Ede=water By: Name: (Y)(Cs 1, g Title - Attest C"a,15_LOPa1e 1. Name: 1 n( I/J4n k �� Tilla: ,12" 1 CV-ELY lime:, A'`kittp Yti b-QA 1 a., M c A Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By Name: Frank J. O'Dea, P.E. Title: Director of Transportation Development Title: Administrative Assistant See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 4 of 4 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA#: 20.205 Highway Planning and Construction Amount: $ 1,350,327.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by State DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. 0 a ' a h w 0 w v N N y I N N C 4' ' h ' O L ro m a° 0 V ' H O 9 1. i ri N 3 w v . ti . m 0 3 0 .� ti N w �