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2015-R-07 RESOLUTION NO. 2015-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; RESOLUTION FOR APPROVAL AND EXECUTION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) SUPPLEMNENTAL AMENDMENT #1 FOR FPN #430183-1-58/68-01 RELATING TO STATE ROAD 5 (US 1) SIDEWALK PROJECT FROM VOLCO ROAD TO JUST SOUTH OF WOODLEY AVENUE AT STATION 814+89.56; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater and the Florida Department of Transportation (FDOT) desire to facilitate the Local Agency Program (LAP) Project(FPN #430183-1-58/68-01) known as "State Road 5 (US') Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.561 WHEREAS, the FDOT has requested the City of Edgewater to execute and deliver the Supplemental Amendment 41 for the local Agency Program Agreement for the aforementioned project. FPN #430183-1-58/68-01. NOW,THEREFORE, be it resolved by the City Council of Edgewater. Florida: Section I. The City Council of the City of Edgewater hereby approves Supplemental No. I to the Local Agency Program (LAP) Project (FPN #430183-1-58/68-01) known as `State Road 5 (US I) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.56. Section 2. The City Council hereby authorizes the Ma)'or to execute Supplemental No. I to the Local Agency Program (LAP) Project(FPN 430183-1-58/68-01 ) known as "State Road 5 (US I) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.56 which is attached hereto and incorporated herein as Exhibit"Al 2015-R-07 1 After a motion to approve by C'(p incliiirwrincarir-Ltuff with Second by Clint iYmyi L f OI LY4: the vote on this resolution held on February 2, 2015 was as follows: AYE NAY Mayor Mike Ignasiak X _. Councilwoman Christine Power _ X Councilwoman Gigi Bennington Councilman Dan Blazi X Councilman Gary T. Conroy X _ PASSED AND DULY ADOPTED this 2nd day of February,2015. ATTEST: CITY COUNCIL OF THE CITY OF EDCEWATER, FLORIDA (PS. A el�ont ( ey. Mike Ignasiak City Clerk Mayor _- 7 Trace_. '.Barlow City .nager For the use and reliance only be the City of ISdge■caler_ Approved by th e Cit. Council of the Cit of F:dgeo aler Florida. Approved as to form and legality h' at a meeting held on this 2'd day of Febru an.2015 Aaron R. Wolfe. Es0uire under City Attorney Agenda Ilem No.8 h • Doran.Sims, Wolfe_ Kundid_ Cioccheni& Wagner 2015-R-07 2 Centennial � y ®1915*2015 Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOLD GOVERNOR Tallahassee,FL 32399-0450 SECRETARY February 13, 2015 City of Edgewater Malecia Harris Grants/Projects Coordinator Post Office Box 100 Edgewater, Florida 32132 Subject: EXECUTED Supplemental Amendment #1 for the Local Agency Program Agreement for the State Road 5 (US 1) sidewalk project. FM#430183-1-58-01, Contract ARE43 Dear Ms. Harris: Please find enclosed the executed Supplemental Amendment #1 for the Local Agency Program Agreement for the project reference above, dated February 10, 2015, between the City of Edgewater and the State of Florida Department of Transportation. This supplemental amendment is adding the corrected limits in the project description, and allowing the additional funding on the project, over the construction award amount, for any potential eligible reimbursable change orders to the project. If you should have any questions, please feel free to contact me at(386) 943-5400. Sincerely, Dime feel¢ Dianne Peek Program Coordinator DP Enclosures cc: Jack Corder D5-Special Projects Construction Department Gene Ferguson John McKinney File www.dot.state.fl.us 525-010-32 PRODUCTION SUPPORT 09/11 Page 1 of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-58/68-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT ARE43 The City of Edgewater and the Florida Department of Transportation desires to supplement the original Agreement entered into and executed on May 12,2014 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 State Road 5(US 1)sidewalk project Length 3.3 miles Termini State Road 5(US 1)from Volco Road to just south of Woodley Avenue at Station 814+89.56 Description of Work: The project involves the construction of concrete sidewalk along the east and west sides of SR 5(US 1)from Volco Road to just south of Woodley Avenue @ Station 814+89.56, approximately 3.3 miles.Work will involve construction of an 8-ft wide concrete sidewalk on the east side of SR 5(US 1)from Volco Road to SR 442. The remaining concrete sidewalk will vary from 4-ft to 6-ft wide,4"to 6"thick, filling in areas between existing sidewalks on both the east and west sides of SR 5 (US 1) from SR 442 to just south of Woodley Avenue. Additional work includes the construction of turnouts, Type E and F curb & gutter, concrete bus landings, gravity wall, aluminum guiderail, installation of sod, signing and pavement markings, and the replacement of concrete driveways and Type F curb& gutter/drop curb. All pedestrian features are to be ADA compliant. Removal of existing Type F curb & gutter, concrete and asphalt pavement, and concrete pads and benches is required. Drainage work involves constructing piping, corresponding drainage structures, as well as the removal of existing piping and drainage structures. Permitting is anticipated. Utility work involves the installation of pull boxes, conduit, a manhole curb frame and door, and removal of utility poles. Coordination with the utility companies will be required for utility relocations and installations. Lighting work includes the installation of four light poles with associated wiring. Coordination with FP&L for lighting will be required. No addition RAN is required. Additional notes- Undergrounding work for FPL is non-reimbursable and will be paid through Local Funds. Undergrounding work for AT&T is reimbursable since it is required to comply with ADA requirements Reason for Supplement and supporting engineering and/or cost analysis: The limits of the project description need to be corrected from what was initially stated in the LAP agreement. The limits are now corrected to"State Road 5(US 1)from Volco Road to just south of Woodley Avenue at Station 814+89.56." Pursuant to Paragraph 4.0 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 construction that includes the authorized and encumbered Federal funding for the project shall be reduced to an amount equal to the Agency's construction and AT&T utility reimbursable work contract award amount of$990,152.00, of which the amount of($13,335.00) is for separate utility work (updated on page 3, Adjusted Exhibit B—Schedule of Funding), being funded by the Agency. The Agency and the Department also acknowledge and agree that the Schedule of Funding for consultant engineering inspection services that includes the authorized and encumbered Federal funding for the project shall be reduced to an amount equal to the Agency's consultant engineering contract award amount of$175,894.00. The Department has agreed to encumber, in addition to the Agency's contract award amounts, the amount of$8,855.00 in Federal Aid authorized funds on the construction phase and the amount of$9,106.00 in Federal Aid authorized funds on the consultant engineering inspection phase for potential participation in reimbursement of eligible additional costs directly associated with construction contract modifications. To be considered for reimbursement with Federal Aid participation, the additional costs directly associated with construction contract modifications must comply with the eligible requirements documented in Chapter 7 of the FDOT Construction Project Administration Manual(CPAM)and with all Local Agency Program procedures. The Department and FHWA solely reserve the 525-010-32 PRODUCTION SUPPORT 09/11 Page 2 of 5 right to determine the extent of Federal Aid participation of all additional costs submitted by the Agency for reimbursement. The Agency acknowledges: (1) Full responsibility for payment of all additional construction and consultant engineering inspection costs directly associated with construction contract modifications in advance; and, (2) that the Department and FHWA are under no obligation to participate in said additional costs if they determine that said costs are not associated with eligible construction contract modifications. The Agency further agrees that the total funding, as may be supplemented in accordance with the terms and limitations of this paragraph, will constitute the maximum limiting amount eligible for reimbursement and no additional funding will be available for this project. All change orders added to the Agency's contract will require review and approval by the Department (per standard construction administration and oversight procedure, Chapter 22, LAP Manual.) If an Agency authorizes or performs a change of work prior to receiving concurrence from the District LAP Administrator(or delegate),the change will not be eligible for reimbursement. The Agency will incur the entire cost of the changes per Chapter 22 of the LAP Manual. Said revisions are reflected in the Adjusted Schedule of Funding,attached hereto and incorporated herein,as Exhibit"B," 525-010-32 PRODUCTION SUPPORT 09/11 A_ DJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 3 of 5 SUPPLEMENTAL NO. I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-58/68-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARE43 FUNDING TYPE OF WORK By Fiscal Year (1) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENTTOTAL TOTAL AGENCY TOTALSTATE& PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development& Environment(PI FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: FY: FY: FY: FY: _ FY: Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total Right-of-Way Cost 10.00 $0.00 $0.00 $0.00 $0.00 Construction FY: 2013-2014 $1,012,342.00 $1,012,342.00 $13,335.00 $999,007.00 FY: FY: FY: FY: FY: Total Construction Cost $1,012,342.00 $0.00 $1,012,342.00 $13,335.00 $999,007.00 Construction Engineering and Inspection(CEI) FY: 2013-2014 $185,000.00 $185,000.00 $0.00 $185,000.00 FY: _ FY: FY: FY: FY: Total CEI Cost $185,000.00 $0.00 $185,000.00 $0.00 $185,000.00 Total Construction&CEI Costs $1,197,342.00 10.0 $1,197,342.00 13 335.00 $1,184,007.00 TOTAL COST OF THE $1,197,342.00 $0.00 $1,197,342.00 $13,335.00 $1,184,007.00 PROJECT 525-010-32 PRODUCTION SUPPORT 09/11 Page 4 of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-58/68-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARE43 IN WITNESS WHEREOF,the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF EDGEWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By- M� Name: Name: Fran V. O'D , P. Title: Ma.)-A0(- Title: irec or of transportation Development c Attest: Attest: Name; Title: Title: Adm nistt!tive Assistant Date: ` Date: Legal Review: (:::;:P �� V See attached Encu. ce Form for date of funding approval by Comptroll STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 18 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: $1,184,007.00 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. a o � 1P f City of ... ED GE WATER CERTIFICATION I, Bonnie A. Wenzel, City Clerk of the City of Edgewater Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 2015-R-07 as it appears in the public records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida,this 5th day of February, 2015. Bonnie A. Wenzel,CMC City Clerk SEAL Office of the City Clerk Y.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.cityofedgewater.org