2013-R-14 RESOLUTION NO.2013-R-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE THE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT (FINANCIAL
MANAGEMENT NUMBER 426889-2-58-01) BETWEEN
THE. CITY OF EDGEWATER AND FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
MAINTENANCE OF STATE ROAD RIGHT-OF-WAYS BY
THE CITY; AUTHORIZE TRANSMITTAL TO FDOT;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Edgewater, Florida has made the following determination:
WHEREAS, the City of Edgewater desires to continue ongoing maintenance services
relating to State road right-of-ways with the Florida Department of Transportation(FDOT).
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
Section 1.. The City Council hereby authorizes the Mayor to execute the Highway
Maintenance Memorandum of Agreement (Financial Management No. 426889-2-58-01)
between the City of Edgewater and Florida Department of Transportation (FDOT) which
authorizes maintenance of State road right-of-ways.
Section 2. A copy of said Agreement is attached hereto and incorporated herein as
Exhibit"A".
Section 3. The City Council hereby authorizes the City Clerk to transmit a certified
copy of this Resolution and the executed Agreement to the Florida Department of
Transportation.
Section 4. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
2013-R-14
Section 5. This resolution shall take effect upon adoption.
After a motion by Ca01 t ne,a irn<<n FryA-e r with second by(,o mo dwrNyyrileynninja
the vote on this resolution is as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak E1CLISE1
Councilman Gene Emter
PASSED AND DULY ADOPTED this 15th day of July, 2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE R, F ORIDA
'Er\AUL A. in.ok# 1
Bonnie A. Wenzel ichael Th i
City Clerk .yor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 15th day of July,2013 under
Aaron R. Wolfe, Esquire Agenda Item No 8 t''1 .
City Attorney
Doran, Sims, Wolfe&Kundid
2013-R-14
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Financial Management No.: Fund: DS Activity: 215 Category: 088716
426889-2-58-01 Object Code: 563006
Agency: City of Edgewater Contract Amount: $30,000.00 Org.Code: 55054010508
Contract No:Alt,v_G,/. Vendor No.: F596000314-003
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF EDGEWATER
This Agreement, made and entered into this 3/ day of , 2013,
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 No. 020/3-?"/66, dated
the I day of , 2013, a copy of which is attached hereto as
Exhibit "E" and made a part hereof, has authorized its officers to execute this Agreement on
its behalf.
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program,to undertake the Project described as the"Landscaping Improvement Project in the
medians on State Road 5 (US 1) from north of Falcon Avenue to north of Lamont Street", in
the DEPARTMENT'S Fiscal Year 2013/2014, said Project being known as FM #426889-2-
58-01, hereinafter referred to as the"Project"; and
WHEREAS, the Project is on the State Highway System, is not revenue producing and
is contained in the adopted Five Year Work Program; and
WHEREAS, the implementation of the Project is in the interest of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical,
expeditious, and economical for the LOCAL GOVERNMENT to perform the services to
complete the Project; and;
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WHEREAS, the intent of this Agreement is to establish the terms and conditions of
the funding and the production of this Project; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the
joint participation of this Agreement, the parties agree as follows:
1. TERM
A. The term of this Agreement shall begin upon the date of signature of the last
party to sign. The LOCAL GOVERNMENT agrees to complete the Project by November 30.,
2013, in accordance with the schedule described and contained in Exhibit "C" attached hereto.
If the LOCAL GOVERNMENT does not complete the Project within the time period allotted,
this Agreement will expire on the last day of the scheduled completion as provided in this
paragraph unless an extension of the time period is requested by the LOCAL
GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the
Agreement. Expiration of this Agreement will be considered termination of the Project.
After the Project is complete, the term of this Agreement shall continue in effect and be
binding on the parties in perpetuity for maintenance responsibilities of the LOCAL
GOVERNMENT. The DEPARTMENT will review the need for the LOCAL
GOVERNMENT to continue maintenance of the Improvements on a five year basis, and if it
is determined by the DEPARTMENT that maintenance is no longer needed, the
DEPARTMENT may unilaterally terminate the Agreement, upon thirty (30) days written
notice to the LOCAL GOVERNMENT.
2. SERVICES AND PERFORMANCES
A. The LOCAL GOVERNMENT shall furnish the services with which to
construct the Project. The Project consists of preparing all planting areas by removing sod,
adding soil and adjusting grade for proper planting; purchasing all materials for the project
and the installation of the landscaping improvements to the specifications shown in the
approved Landscape Plan; maintaining the material shown in the Landscape Plan for the
duration of the project; staking all trees planted; and supplying Maintenance of Traffic in any
roadway areas, if necessary. The LOCAL GOVERNMENT shall perform necessary
preliminary engineering, prepare all design plans for the Project, perform the construction,
provide all necessary engineering supervision, and otherwise perform all other necessary
work to complete the Project, as specified in Exhibit "A," attached hereto, and by this
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reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL
GOVERNMENT to perform any activity which is outside of the scope of services of the
Project.
B. The LOCAL GOVERNMENT agrees to undertake the design and construction
of the Project in accordance with all applicable federal, state and local statutes, rules and
regulations, including DEPARTMENT standards and specifications.
C. The landscaping design shall meet the DEPARTMENT'S criteria for Bold
Landscape Requirements with more emphasis on more large trees and fewer shrubs to
increase "curb appeal" and cost less to construct and maintain. Shrubs can be used when
and where they are part of the best design solution.
D. This Agreement shall act to supersede the normal requirements of the LOCAL
GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection,
right-of-way utilization, storm-water discharge and utilities and this Agreement is deemed to
constitute such permits.
E. The LOCAL GOVERNMENT shall be responsible for obtaining
clearances/permits required for the construction of the Project from the appropriate permitting
authorities.
F. The LOCAL GOVERNMENT understands that they are responsible for the
preparation aration of all design plans for the Project, at the expense of the LOCAL
GOVERNMENT, suitable for reproduction on 11 inch by 17 inch sheets, together with a
complete set of specifications covering all construction requirements for the Project. The
LOCAL GOVERNMENT shall assure that the design, construction, installation, and
maintenance is consistent with and meets all criteria and limitations of Rule 14-40.030,
Florida Administrative Code, as it relates to Vegetation Management at Outdoor Advertising
Signs. Six (6) copies of the design plans shall be provided to the DEPARTMENT'S Design.
Project Manager at the address listed on Page 17. The DEPARTMENT shall review the plans
for conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45)
days of delivery by the LOCAL GOVERNMENT. The DEPARTMENT'S review shall not
be considered an adoption of the plans nor a substitution for the engineer's responsibility for
the plans; however, all changes requested by the DEPARTMENT shall be made by the
Engineer of Record/LOCAL GOVERNMENT with the understanding that final decision rest
a
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with the DEPARTMENT. All corrected plans shall be provided to the DEPARTMENT in a
timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid
documents to the DEPARTMENT within ten (10) days of the receipt of said documents.
After approval of the plans and prior to commencing the work described herein, the LOCAL
GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction
Project Manager, Vince Vacchiano, at (386) 943-5406, or from an appointed designee. Any
work performed prior to the issuance of the Notice to Proceed is not subject to
reimbursement.
G. The expenditure of funds pursuant to this Agreement shall comply with the
terms of Section 334.044(26), Florida Statutes, as amended. Except where prohibited by
federal law or federal regulation and to the extent practical, a minimum of 50% of these funds
shall be used to purchase large plant materials (large plant materials have been defined by the
Florida Department of Transportation to be five [5] gallon or larger containers as defined by
the Florida Department of Agriculture's "Grades and Standards for Nursery Plants") with the
remaining funds for other plant materials. All of the plant materials purchased shall be
purchased from Florida-Based Nurseryman stock on a uniform competitive bid basis.
H. The LOCAL GOVERNMENT shall hire a DEPARTMENT pre-qualified
contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the
construction work for the Project.
I. The LOCAL GOVERNMENT shall hire a DEPARTMENT Pre-qualified
Consultant Construction Engineering Inspection firm (hereinafter "CCEI"), or in the
alternative, use their In house personnel, to perform construction oversight including the
obligation to assure that any and all verification testing is performed in accordance with the
2013 Standard Specifications for Road and Bridge Construction, as amended from time to
time. The DEPARTMENT shall have the right, but not the obligation, to perform
independent assurance testing during the course of construction of the Project.
J. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18(1), Florida Statutes.
K. The LOCAL GOVERNMENT shall be responsible to ensure that the
construction work under this Agreement is performed in accordance with the approved
construction documents, and that it will meet all applicable DEPARTMENT standards and
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that the work is performed in accordance with the Terms and Conditions contained in Exhibit
L. If the LOCAL GOVERNMENT utilizes its own work force for any services,
except for the construction engineering inspection work of the Project, all costs and expenses
thereof shall not be subject to reimbursement.
M. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports
to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at
intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all
times to be advised, at its request, as to the status of the Project being constructed by the
LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request
and shall, within a reasonable time thereafter, be granted a conference with the other party.
N. Upon completion of the work authorized by this Agreement, the LOCAL
GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all
design work that originally required certification by a Registered Landscape Architect, this
notification shall contain a Landscape Architect's Certification of Compliance, signed ned and
sealed by a Registered Landscape Architect, the form of which is attached hereto as Exhibit
"E". The certification shall state that work has been completed in compliance with the Project
construction plans and specifications. If any deviations are found from the approved plans,
the certification shall include a list of all deviations along with an explanation that justifies the
reason to accept each deviation.
3. MAINTENANCE
A. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such
time as the landscaping is needed to be removed from the Right of Way, the LOCAL
GOVERNMENT shall, at all times, maintain the Project 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 hereby agrees to have the landscaping
installed on the Project, as specified in the Landscape Plan(s). Such
installation shall be in conformance with Florida Administrative Code
Rule 14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT shall not change or deviate from said plan(s) without
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written approval of the DEPARTMENT.
ii) The LOCAL GOVERNMENT agrees to maintain the landscaping
installed by the Project in accordance with the Landscape Maintenance
Plan(s). Said maintenance will be in accordance with Florida
Administrative Code Rule 14-40.003, as it 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 said plan(s) without written approval of the
DEPARTMENT.
iii) The LOCAL GOVERNMENT shall have the continuous obligation to
monitor the maintenance of traffic, pursuant to the Design Standards
Index Series 600, and Rule 14-40.003, Florida Administrative Code, as
it may be amended from time to time, during the course of the
maintenance functions so that the safe and efficient movement of the
traveling public is maintained. During maintenance functions, the
LOCAL GOVERNMENT shall take measures, including the placing
and display of safety devices that are necessary in order to safely
conduct the public through the maintenance area in accordance with the
latest and current version of the Federal Highway Administration
Manual on Uniform Traffic Control Devices for Streets and Highways,
and the DEPARTMENT'S 2013 Standard Specifications for Road and
Bridge construction and the DEPARTMENT'S 2013 Roadway and
Traffic Design Standards, and as those sources may be amended from
time to time.
iv) If at any time after the LOCAL GOVERNMENT has assumed the
landscaping installation or maintenance responsibility above-
mentioned, it shall come to the attention of the DEPARTMENT that
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the Project, as will be designed by the LOCAL GOVERNMENT, or a
part thereof, is not properly installed or 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 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.
v) It is understood between the parties hereto that the landscaping 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 after which time
the DEPARTMENT may remove the same.
4. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is $53,500.00 (Fifty-
Three Thousand Five Hundred Dollars and No/100). This amount is based on the Schedule of
Funding, Exhibit"B" attached hereto.
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the
LOCAL GOVERNMENT in an amount not to exceed $30,000.00 (Thirty Thousand Dollars
and No/100) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The
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funding for this Project is contingent upon annual appropriation by the Florida Legislature.
The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT'S
participation. Travel costs will not be reimbursed.
i) Invoices shall be submitted by the LOCAL GOVERNMENT in detail
sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable,
measurable and verifiable deliverables as established in Exhibit "A", Scope of
Services and the Landscaping Plans when approved by the DEPARTMENT.
Deliverables must be received and accepted in writing by the DEPARTMENT'S
Project Manager or designee prior to reimbursements.
ii) Supporting documentation must establish that the deliverables were
received and accepted in writing by the LOCAL GOVERNMENT, and must also
establish that the required minimum level of service to be performed as specified in
Paragraph 2. J. was met, and that the criteria for evaluating successful completion as
specified in Paragraph 2. M. was met.
iii) The LOCAL GOVERNMENT may receive progress payments for the
actual costs of deliverables based on a percentage of services that have been
completed, approved and accepted to the satisfaction of the DEPARTMENT when
properly supported by detailed invoices and acceptable evidence of payment. The
final balance due under this Agreement will be reimbursed upon the completion of all
Project services, receipt of final construction cost documentation and proper
submission of a detailed invoice and when the Project has been inspected, approved
and accepted to the satisfaction of the DEPARTMENT in writing.
iv) All costs charged to the Project shall be supported by detailed invoices,
proof of payments, contracts or vouchers evidencing in proper detail the nature and
propriety of the charges.
C. The DEPARTMENT shall have the right to retain all or a portion of any
payment due the LOCAL GOVERNMENT under this Agreement an amount sufficient to
satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT
on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT.
D. The LOCAL GOVERNMENT, which is providing goods and services to the
DEPARTMENT, should be aware of the following time frames. Upon receipt of an invoice,
A.
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the DEPARTMENT has twenty (20) working days to inspect and approve the goods and
services. The DEPARTMENT has twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services. The twenty (20) days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected
and approved. If a payment is not available within forty (40) days, a separate interest penalty
at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable,
in addition to the invoice amount, to the LOCAL GOVERNMENT. Interest penalties of less
than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests
payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of
LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The
invoice payment requirements do not start until a properly completed invoice is provided to
the DEPARTMENT. A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate for Participants
who may be experiencing problems in obtaining timely payment(s) from a state agency. The
Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of
Consumer Services at (877) 693-5236.
E. Records of costs incurred under terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this
Agreement and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the LOCAL GOVERNMENT'S general accounting records and the Project records,
together with supporting documents and records, of the contractor and all subcontractors
performing work on the Project, and all other records of the contractor and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies
revealed by any such audit shall be resolved by a corrected final billing from the LOCAL
GOVERNMENT to the DEPARTMENT.
F. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE
THOUSAND DOLLARS AND NO/100) and a term for a period of more than one (1) year,
the provisions of Section 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
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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."
G. The DEPARTMENT'S performance and obligation to pay under this contract
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 notice to the
LOCAL GOVERNMENT to that effect.
H. Audits: The administration of resources awarded by the DEPARTMENT to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the
DEPARTMENT, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133
and Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring
procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited
scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the LOCAL GOVERNMENT agrees to comply and cooperate
fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT.
In the event the DEPARTMENT determines that a limited scope audit of the LOCAL
GOVERNMENT is appropriate, the LOCAL GOVERNMENT agrees to comply with any
additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT
regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the
DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
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PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the
following criteria:
1. In the event that the LOCAL GOVERNMENT expends $500,000 or
more in Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a
single or program-specific audit conducted in accordance with the provisions of OMB
Circular A-133, as revised. If applicable, Exhibit "G" to this Agreement indicates
Federal resources awarded through the DEPARTMENT by this Agreement. In
determining the Federal awards expended in its fiscal year, the LOCAL
GOVERNMENT shall consider all sources of Federal awards, including Federal
resources received from the DEPARTMENT. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133, as revised. An audit of the LOCAL GOVERNMENT
conducted by the Auditor General in accordance with the provisions in OMB Circular
A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,
paragraph 1, the LOCAL GOVERNMENT shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, is not required. However, if the LOCAL GOVERNMENT
elects to have an audit conducted in accordance with the provisions of OMB Circular
A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such an audit must be paid from LOCAL GOVERNMENT resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal
Domestic Assistance (CFDA) title and number, award number and year, and name of
the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m),
Florida Statutes) are to have audits done annually using the following criteria:
1. In the event that the LOCAL GOVERNMENT expends a total amount
of state financial assistance equal to or in excess of $500,000 in any fiscal year, the
LOCAL GOVERNMENT must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the
Department of Financial Services and the CFO; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. If applicable, Exhibit "G"to this Agreement indicates state financial
assistance awarded through the DEPARTMENT by this Agreement. In determining
the state financial assistance expended in its fiscal year, the LOCAL GOVERNMENT
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shall consider all sources of state financial assistance, including state financial
assistance received from the DEPARTMENT, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through
awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II,
paragraph 1, the LOCAL GOVERNMENT shall ensure that the audit complies with
the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the LOCAL GOVERNMENT expends less than $500,000 in state
financial assistance in its fiscal year, an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required. However, if the
LOCAL GOVERNMENT elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from
the nonstate entity's resources (i.e., the cost of such an audit must be paid from
LOCAL GOVERNMENT resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the state
agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The LOCAL GOVERNMENT shall follow up and take corrective action on audit
findings. Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year
audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained
until the action is completed or the dispute is resolved. Access to Project records and
audit work papers shall be given to the DEPARTMENT, the Department of Financial
Services, and the Auditor General. This section does not limit the authority of the
DEPARTMENT to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any other state
official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with
OMB Circular A-133, as revised, and required by PART I of this Agreement shall be
submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or
on behalf of the LOCAL GOVERNMENT directly to the following:
A. The DEPARTMENT at the following address:
c ,
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Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS 4-548
DeLand, Florida 32720
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular
A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with
Sections .320 (e) and(f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required
by PART I of this Agreement and conducted in accordance with OMB Circular A-
133, as revised, is not required to be submitted to the DEPARTMENT for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the LOCAL
GOVERNMENT shall submit the required written notification pursuant to Section
.320 (e)(2) and a copy of the LOCAL GOVERNMENT'S audited schedule of
expenditures of Federal awards directly to the following:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS 4-548
DeLand, Florida 32720
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c),
OMB Circular A-133, as revised, and any management letters issued by the auditor, to
the DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS 4-548
DeLand, Florida 32720
Copies of financial reporting packages required by PART II of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT
directly to each of the following:
A. The DEPARTMENT at the following address:
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 14 of 27 Revised: 7/10/2013
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS 4-548
DeLand, Florida 32720
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
3. Copies of reports or the management letter required by PART III of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT
directly to:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS 4-548
DeLand, Florida 32720
4. Any reports, management letters, or other information required to be
submitted to the DEPARTMENT pursuant to this Agreement shall be submitted
timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the
DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the LOCAL GOVERNMENT in correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its
compliance with the terms of this Agreement for a period of at least five (5) years
from the date the audit report is issued, and shall allow the DEPARTMENT, or its
designee, CFO, or Auditor General access to such records upon request. The LOCAL
GOVERNMENT shall ensure that audit working papers are made available to the
DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period
of at least five (5) years from the date the audit report is issued, unless extended in
writing by the DEPARTMENT.
5. COMPLIANCE WITH LAWS
FM#426889-2-58-01 Original Draft:7/1/2013
Page 15 of 27 Revised:7/10/2013
A. The LOCAL GOVERNMENT shall 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.
Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for
immediate unilateral cancellation of this Agreement by the DEPARTMENT.
B. The LOCAL GOVERNMENT shall comply with all federal, state and local
laws and ordinances applicable to the work or payment for work thereof. The LOCAL
GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national
origin in the performance of work under this Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying
the Legislature,the judicial branch, or a state agency.
D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as
a result of this Contract.
6. TERMINATION AND DEFAULT
A. This Agreement may be cancelled by the DEPARTMENT in whole, or in part,
at any time the interest of the DEPARTMENT requires such termination. The
DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement
in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary
bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this
Agreement in the event an assignment is made for the benefit of creditors.
B. If the DEPARTMENT determines that the performance of the LOCAL
GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a)
immediately terminating the Agreement; (b) notifying the LOCAL GOVERNMENT of the
deficiency with a requirement that the deficiency be corrected within a specified time,
otherwise the Agreement will be terminated at the end of such time; or (c) taking whatever
action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other
than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall
notify the LOCAL GOVERNMENT of such termination, with instructions to the effective
date of termination or specify the stage of work at which the Agreement is to be terminated.
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 16 of 27 Revised:7/10/2013
D. If the Agreement is terminated before performance is completed, the LOCAL
GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can
be substantiated. Such payment, however, may not exceed an amount which is the same
percentage of the contract price as the amount of work satisfactorily completed is a
percentage of the total work called for by this Agreement. All work in progress will become
the property of the DEPARTMENT and will be turned over promptly by the LOCAL
GOVERNMENT.
7. MISCELLANEOUS
A. In no event shall the making by the DEPARTMENT of any payment to the
LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of
any breach of covenant or any default which may then exist, on the part of the LOCAL
GOVERNMENT, and the making of such payment by the DEPARTMENT while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available
to the DEPARTMENT with respect to such breach or default.
B. 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.
C. This Agreement shall be effective upon execution by both parties and shall
continue in effect and be binding on the parties until the Project is completed, any subsequent
litigation is complete and terminated, final costs are known, and legislatively appropriated
reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at
any stage, amend or terminate the Project in whole, or in part, if the DEPARTMENT
determines that such action is in the best interest of the public.
D. PUBLIC ENTITY CRIME INFORMATION AND ANTI-
DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 17 of 27 Revised:7/10/2013
may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list. An entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity.
E. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and
agree to the following:
i) 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
ii) 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.
F. All notices required pursuant to the terms hereof shall be sent by First Class
United States Mail. Unless prior written notification of an alternate address for notices is
sent, all notices shall be sent to the following addresses:
DEPARTMENT
Dianne Peek Derek Dixon Vincent Vacchiano
Contract Specialist Design Project Manager Construction Project Manager
MS 4-548 MS 2-542 MS 3-506
719 South Woodland Boulevard 719 South Woodland Boulevard 719 South Woodland Boulevard
DeLand, Florida 32720-6834 DeLand, Florida 32720-6834 DeLand,Florida 32720-6834
PH: (386)943-5400 PH: (386) 943-5547 (386) 943-5406
dianne.peek(cr�dot.state.fl.us Derek.Dixon @dot.state.fl.us vncent.vacchiano@dot.state.fl.us
i , 1 ,
FM #426889-2-58-01 Original Draft: 7/1/2013
Page 18 of 27 Revised: 7/10/2013
LOCAL GOVERNMENT
City of Edgewater
Jack Corder
Director of Leisure Services
Post Office Box 100
Edgewater, Florida 32132
PH: (386) 424-2485
jcorder @cityofedgewater.org
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this
Agreement this /5 day of 4,0j 2013, and the DEPARTMENT has
executed this Agreement this 3/9—day of , 2013.
STATE OF FLORIDA
■ITY '11 F ED t WA 1 ' I DEPART ,'T OF TRANSPORTATION
By _ : _Jtra `i _ By: _4��
Name: M 11.omas Name: Frank J. O'Dea, P.E.
Title: M. or Title: Director of Transportation Development i
As approved by the Board on:
WiS.V...t 15.sal--
Attest: Att;st:
►
` LANs. 11 @ A ,I,i �• ,
��
Executive Secretary
Legal Review: ("Legs : li
ALO
Local Government Atto
Financial Provisions Approval by
The Office of the Coiriptroller on:
Authorization Received from the Office of
the Comptroller as to Availability of Funds:
-7/d.c/ a13
I
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 19 of 27 Revised:7/10/2013
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 426889-2-58-01
Project Description and Limits of Construction:
The City of Edgewater shall cause to be installed landscaping improvements within the City
of Edgewater (Section N/A, Milepost 14.178 to Milepost 15.847). The City of Edgewater
will also be responsible for construction engineering and inspection.
Deliverables:
• The Contractor will be responsible to prepare all planting areas by removing sod (as
needed), adding soil amendments and adjusting grade for proper planting as specified
in the plans when approved by the DEPARTMENT.
• The Contractor will purchase all trees, palms, and plants for the project and will install
them to the specifications shown in the approved Landscape Plans when approved by
the DEPARTMENT.
• The Contractor will be responsible for fertilizing all trees, palms, and plants.
• The Contractor will purchase, supply and spread organic Mulch on all new plant beds.
• The contractor will be responsible for staking of all trees planted.
• The contractor will furnish water to all trees, palms, and plants for the described
maintenance period called for in the Landscape Plan specifications.
• The Contractor will be responsible for the growth of all plants for a period of one year.
• The Contractor will coordinate the M.O.T. with the FDOT contractor as specified in
their contract.
The parties hereto acknowledge and agree that the design plans for this Project are not yet
complete and are subject to review by the DEPARTMENT. Upon final approval by the
DEPARTMENT, this Agreement shall be amended to include said plans in the Agreement.
The parties further agree that the plans will,be incorporated into the terms of this Agreement
by reference and that the City of Edgewater hereby approves and delegates to Tracey Barlow,
City Manager, the authority to enter into an amendment of this Agreement to accomplish said
task. No further Board or Council action shall be required to amend this Agreement for the
sole purpose of incorporating the plans.
( . A
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 20 of 27 Revised:7/10/2013
EXHIBIT "B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 426889-2-58-01
For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this
Agreement, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not
to exceed $30,000.00 (Thirty Thousand Dollars and No/100) for actual costs incurred.
The LOCAL GOVERNMENT may receive progress payments for actual costs
incurred for deliverables based on a percentage of services that have been completed,
approved and accepted to the satisfaction of the DEPARTMENT when properly supported by
detailed invoices and acceptable evidence of payment. The final balance due under this
Agreement will be reimbursed upon the completion of all Project services, receipt of final
construction cost documentation and proper submission of a detailed invoice and when the
Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT
in writing.
y t ,
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 21 of 27 Revised:7/10/2013
EXHIBIT "C"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 426889-2-58-01
Advertises for bids April 23, 2013
Bids Construction(bid opening) May 3, 2013
Select Construction Firm (BCC approval) May 6, 2013
Give NTP July 8, 2013
Earliest Construction Start July 8, 2013
Latest Construction Finish September 27, 2013
Construction Contract Closeout October 1, 2013
Final Invoice and Closeout Documentation to the Department November 1, 2013
A (.7 3
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 22 of 27 Revised: 7/10/2013
EXHIBIT "D"
TERMS & CONDITIONS OF CONSTRUCTION
1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth
herein, to enter DEPARTMENT right-of-way to perform all activities necessary for the
construction of the Project (as described more fully in Exhibit "A"). The Project shall be
constructed in accordance with construction plans and specifications to be approved by the
DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans
shall include an appropriate plan for maintenance of traffic. Should any significant (as
defined by §4-3 of Standard Specifications for Road and Bridge Construction, 2013, and as
amended from time to time) changes to the plans be required during construction of the
Project, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the
changes and receive approval from the DEPARTMENT prior to the changes being
constructed. The DEPARTMENT reserves the right to adjust the plans to meet the
requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the
area of the Project at all times during construction of the Project. All payment and
performance bonds shall name the DEPARTMENT as an additional oblige. All warranties
on any product or material used in construction of said Project shall be in favor of the
DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record
performs all necessary post-design services that may required.
2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all
existing utilities, both aerial and underground and that all utility locations shall be represented
on the construction plans. All utility conflicts shall be fully resolved directly with the
applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any
utility installation for which the conflict cannot be resolved. Said utility work shall be
deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the
LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project.
3. The work performed pursuant to this Agreement may require authorization under
the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water
Discharges from construction sites. The LOCAL GOVERNMENT is responsible for
obtaining the National Pollutant Discharge Elimination System Permit and all other
necessary permits for construction of the Project. When applicable, such permits will be
processed in the name of the DEPARTMENT; however, in such event, the LOCAL
GOVERNMENT will comply with all terms and conditions of such permit in construction of
the subject facilities.
4. This Agreement shall act to supersede the normal requirements of the LOCAL
GOVERNMENT to secure separate DEPARTMENT permits for drive-way connection,
right-of-way utilization, storm-water discharge and utilities and this Agreement is deemed to
constitute such permits.
5. It is expressly agreed by the parties that this Agreement creates a permissive use
only and that neither the granting of the permission herein to use DEPARTMENT and/or
LOCAL GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT
and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the
LOCAL GOVERNMENT except as otherwise provided in separate agreements.
1 C7
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 23 of 27 Revised: 7/10/2013
6. The DEPARTMENT shall appoint and authorize a single individual to serve as the
DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of
LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL
GOVERNMENT shall provide a current construction schedule to the DEPARTMENT'S
representative and shall notify the representative at least 48 hours in advance of starting
proposed work and again immediately upon completion of work.
7. The LOCAL GOVERNMENT shall utilize only a DEPARTMENT prequalified
prime contractor for the Project.
8. The LOCAL GOVERNMENT shall hire a DEPARTMENT Pre-qualified
Consultant Construction Engineering Inspection firm (CCEI), or in the alternative, use their
In house personnel, to perform construction oversight including the obligation to assure that
any and all verification testing is performed in accordance with the 2013 Standard
Specifications for Road and Bridge Construction, as amended from time to time. The
DEPARTMENT shall have the right, but not the obligation, to perform independent
assurance testing during the course of construction of the Project. The CCEI firm shall not
be the same firm as that of the Engineer of Record for the Project.
9. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18, Florida Statutes.
10. The LOCAL GOVERNMENT shall not modify the intent of the design plans or
the maintenance of traffic concept without appropriate submission by the Engineer of Record
(the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an
emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes
and notify the DEPARTMENT and the Engineer of Record after the modifications.
11. The DEPARTMENT may request and shall be granted a conference with the
LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL
GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the
DEPARTMENT determines to be inconsistent with the approved design plans and
specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide
the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective
action undertaken, and the DEPARTMENT may, but is not obligated to, review
independently the progress of the corrective action. Provided however, if the
DEPARTMENT determines a condition exists which threatens the public's safety, the
DEPARTMENT may, at its discretion, issue an immediate stop work order.
12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor
the maintenance of traffic and construction operation during the course of the Project so that
the safe and efficient movement of the traveling public is maintained. The LOCAL
GOVERNMENT is further obligated to make such changes to the maintenance of traffic
plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take
measures, including the placing and display of safety devices that are necessary in order to
safely conduct the public through the Project area in accordance with the latest and current
version of the Federal Highway Administration Manual on Uniform Traffic Control Devices
for Streets and Highways, and the DEPARTMENT'S 2013 Standard Specifications for Road
and Bridge construction and the DEPARTMENT'S 2013 Roadway and Traffic Design
Standards, and as those sources may be amended from time to time. The LOCAL
4 c)
FM#426889-2-58-01 Original Draft:7/1/2013
Page 24 of 27 Revised:7/10/2013
GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI
for the construction of the Project.
13. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project
schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid
opening date, the award date and the date of the preconstruction conference.
14. It is understood and agreed that the rights and privileges herein set out are granted
only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered
upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required
to undertake and to complete construction of the Project shall be secured by the LOCAL
GOVERNMENT.
15. Upon completion of the work in accord with the Plans, the LOCAL
GOVERNMENT shall furnish a set of "as-built" plans prepared in accordance with the
FDOT Preparation and Documentation Manual, Chapter 4 (FDOT Procedure #700-050-10).
The "as-built" plans shall be certified by the Engineer of Record/CEI that the necessary
improvements have been completed in accordance with the Plans as the same may be
modified in accord with the terms of this Agreement. This certification shall include a
statement that necessary inspections, tests, and physical measurements have been made, and
that all materials entering into the work conform to the Plans, conform to the applicable
specifications contained in the Standard Specifications for Road and Bridge Construction,
2010 edition as amended, or otherwise conform to or meet generally accepted professional
practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction
survey monumentation required by Florida Statutes is completed and evidence of such is
provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon
acceptance of right-of-way documents, then the Project shall be deemed accepted by and
turned over to the DEPARTMENT.
16. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or
anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall
immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall
coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any
required action related thereto.
17. It is acknowledged by the parties that construction plans and specifications are still
GOVERNMENT as of the date of this Agreement.
being prepared by the LOCAL GOVERN g
g p p Y
Construction of the Project will not commence until the DEPARTMENT has approved the
required plans and specifications as provided fo r in right-of-
way Paragraph g p 1 and all q uired ri g
way has been properly obtained and certified (if applicable) as such by the DEPARTMENT'S
Right of Way Manager.
18. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are
submitted on any vehicular bridge prior to the final submission of the structure plans for
DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed
final bridge load rating that meets the Florida legal loads standard is complete.
r2 4
FM#426889-2-58-01 Original Draft:7/1/2013
Page 25 of 27 Revised:7/10/2013
EXHIBIT "E"
RESOLUTION
Financial Management Number: 426889-2-58-01
FM#426889-2-58-01 Original Draft:7/1/2013
Page 26 of 27 Revised: 7/10/2013
EXHIBIT "F"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF EDGEWATER
PROJECT DESCRIPTION: Landscaping Improvements in the medians on State Road 5 (US
1) from north of Falcon Avenue to north of Lamont Street
FINANCIAL MANAGEMENT ID# 426889-2-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION
AGREEMENT, the undersigned hereby provides notification that the work authorized by this
Agreement is complete as of , 20 .
By:
Name:
Title:
LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL
COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION
AGREEMENT, the undersigned hereby certifies that all work which originally required
certification by a Registered Landscape Architect has been completed in substantial
compliance with the Project construction plans and specifications. If any deviations have been
made from the approved plans, a list of all deviations along with an explanation that justifies
the reason to accept each deviation will be attached to this Certification.
By: , P.E.
SEAL: Name:
Date:
FM#426889-2-58-01 Original Draft: 7/1/2013
Page 27 of 27 Revised:7/10/2013
EXHIBIT "G"
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
$(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement(e. t ry: os ru •: )s ur ust be used q - ents for recipients of the
resourc.s
3. Etc.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program(list Federal aMencv, Catalog of Federal Domestic Assistance title and number)-
$(amount)
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) -
$(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Florida Department of Transportation
RICK SCOTT 719 S. Woodland Blvd.,MS 520 ANANTH PRASAD,P.E.
GOVERNOR DeLand,Florida 32720-6834 SECRETARY
November 8, 2013
City of Edgewater
Jack Corder
Director of Leisure Services
Post Office Box 100
Edgewater,Florida 32132
Re: Time Extension for the Joint Participation (JPA) Agreement with the
City of Edgewater for the Landscaping Improvements Project for the
medians on SR 5 (US 1) from north of Falcon Avenue to north of
Lamont Street
FM#426889-2-58-01, Contract#AR466
Dear Mr. Corder:
The Department has approved an extension for the referenced contract with the City of
Edgewater, until February 28, 2014, regarding the above referenced project, for the review
of the entire completed project.
If you have any questions or concerns,please contact Dianne Peek at 386-943-5400.
Sincerely,
ario Bizzio, P.'
District Program Manager
MB:dp
cc: D5-Construction Special Projects Unit
P Projects
Artuz
Steve Smith
Dennisse Zornan
Financial Department
file
■
www.dot.state.fl.us
Florida Department of Transportation
RICK SCOTT 719 S.Woodland Blvd. MS 548 ANANTH PRASAD,P.E.
GOVERNOR DeLand,Florida 32720-6834 SECRETARY
July 31, 2013
City of Edgewater
Jack Corder
Director of Leisure Services
Post Office Box 100
Edgewater, Florida 32132
Subject: EXECUTED JOINT PARTICIPATION AGREEMENT for the Landscaping
Improvements for the medians on SR 5 (US 1) from north of Falcon Avenue to
north of Lamont Street
FM#426889-2-58-01, Contract AR466
Dear Jack:
Please find enclosed the Joint Participation Agreement on the project reference above, dated
July 31, 2013,between the City of Edgewater and the Florida Department of Transportation. If
you should have any questions,please feel free to contact me at(386) 943-5400.
Sincerely,
Dime Peel¢
Dianne Peek
Contract Specialist/Audit Analyst
District Five
DP
Enclosures
cc: Brenda DeWees
D5-Construction Special Projects Department
Derek Dixon
Raul Artuz
Finance Department
file
www.dot.state.fl.us