2015-R-13 - FDOT - Amendment #1-JPA #426889-2-58-01 RESOLUTION NO. 2015-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; RESOLUTION FOR
APPROVAL AND EXECUTION OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) JOINT
PARTICIPATION AGREEMENT (JPA) AMENDMENT #1
FOR FM #426889-2-58-01 RELATING TO THE
LANDSCAPE IMPROVEMENT PROJECT IN MEDIANS
ON STATE ROAD 5 (US #1) FROM NORTH OF FALCON
AVENUE TO NORTH OF LAMONT STREET; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater and the Florida Department of Transportation
(FDOT) entered into a Joint Participation Agreement ()PA) Project(FM #426889-2-58-01) known
as "Landscaping Improvement Project in the medians on State Road 5 (US #1) north of Falcon
Avenue to north of Lamont Street on July 31, 2013.
WHEREAS, the FDOT has requested the City of Edgewater execute and deliver the
Amendment #1 for the Joint Participation Agreement GPA) for the aforementioned project, FM
#426889-2-58-01.
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
Section 1. The City Council of the City of Edgewater hereby approves Amendment #1
(which is attached hereto and incorporated herein as Exhibit "A") and authorizes the Mayor to
execute the Joint Participation Agreement QPA) Project (FM #426889-2-58-01) known as •
"Landscaping Improvement Project in the medians on State Road 5 (US #1) north of Falcon
Avenue to north of Lamont Street on July 31, 2013.
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 3. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
1
2015-R-13
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property,or circumstance.
Section 4. This resolution shall take effect upon adoption.
After a motion to approve by(bu i1 iwith Second by u j ntathe vote on
COn
utxr
this resolution held on April 6, 2015 was as follows i
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy �(
PASSED AND DULY ADOPTED this 6th day of April,2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FL RIDA
r-PaLtAN.i 1O k c_D By: AAV "ligr'ZK�
Bonnie Wenzel Mike Ignasiak
City Clerk J Mayor
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 6`h day of April,2015 under
Aaron R. Wolfe,Esquire Agenda Item No 8 b .
City Attorney
Doran,Sims,Wolfe,Kundid,
Ciocchetti&Wagner
2
2015-R-13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
AMENDMENT NUMBER 1
5FinaEXECUTION DATE: AMI NI Z.0(5-
Financial
ncial Management No.: Fund: DS Activity: 215 Category: 088716
426889-2-58-01 Object Code: 563006
Agency: Contract Amount: $30,000.00
Org.Code: 55054010508
City of Edgewater Vendor No.: F596000314-003
Contract No: AR466
The terms of the original Joint Participation Agreement between the STATE OF FLORIDA and
the CITY OF EDGEWATER for the Project known as Landscaping Improvement Project in the
medians on State Road 5 (US 1) from north of Falcon Avenue to north of Lamont Street, executed
on July 31,2013,are hereby amended as follows:
1. Paragraphs 2.A. and 2.B., SERVICES AND PERFORMANCES, are hereby deleted and
replaced with the following;
"2. SERVICES AND PERFORMANCES
A. The LOCAL GOVERNMENT shall furnish the services with which to
construct the Project. The Project includes 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 accepted 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 reference made a part hereof. All work provided
by the LOCAL GOVERNMENT hereunder shall be undertaken consistent with and in
accordance with the Terms&Conditions set forth in Exhibit"D"hereto. Nothing
herein shall he construed as requiring the LOCAL GOVERNMENT to perform any
activity which is outside of the scope of services of the Project.
B. In addition to the Terms & Conditions set forth in Exhibit "D", 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."
- 2. Paragraph 3.A.. MAI'NTFNANCE,is hereby deleted and replaced with the following;
"3. MAINTENANCE
A. The DEPARTMENT and the LOCAL GOVERNMENT agree that until
such time as the landscaping and all other improvements constructed or installed in the
Department's Right of Way need 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 1440.003, as it may be amended
from time to time. The LOCAL GOVERNMENT shall not change or deviate from said
plan(s)without 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 maybe 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 Standard Specifications for Road and Bridge
construction, current edition, and the DEPARTMENT'S Roadway and Traffic Design
Standards,current edition, 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 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."
3. Paragraph 4.B., COMPENSATION AND REIMBURSEMENT, is hereby deleted
and replaced with the following;
"4. COMPENSATION AND REIMBURSEMENT
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 funding for this Project is contingent upon annual appropriation by the
Florida Legislature. The DEPARTMENT shall reimburse the LOCAL GOVERNMENT
I
only for the cost of purchase of the plant materials, fertilizer, and the cost for labor
associated with the installation of the planting. Notwithstanding the fact that said work is
not reimbursable,any and all additional work to be performed by the LOCAL
GOVERNMENT within the limits of this Project shall be included in the LOCAL
GOVERNMENT'S DEPARTMENT accepted plans and in Exhibit "A", Scope of
Services. No work may be performed in the Department's Right of Way that has not
specifically been approved by the Department. 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 as accepted 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. K. was met, and that the criteria for evaluating successful completion as
specified in Paragraph 2.N. 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."
4. Exhibit "A", Scope of Services, is hereby deleted and is replaced with Attachment #1,
attached to this Amendment.
5. Exhibit "B", Estimated Schedule of Funding, is hereby deleted and is replaced with
Attachment#2,attached to this Amendment.
6. The accepted design plans are incorporated by reference to the Agreement. Said plans
were reviewed and accepted by the DEPARTMENT on December 4, 2014. Page one (1) of the
accepted design plans is hereby incorporated herein as Attachment"3".
7. The following attachments are hereby incorporated into this Amendment:
Attachment#1
Attachment#2
Attachment#3
8. Except as hereby modified,amended or changed,all of the terms and conditions of said original
Agreement thereto will remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
CITY OF EDGEWATER STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: da4 (1
le/ Ail 1/>7 S By:
Name: P11C NO. ncoor— Name: Frank J.O'Dea,P.E.
Title: fAojor Title: Director
1ofTransportation Development
Date: 04)(L.3-1 to, 20l S Date: Ti/`/
Attest:
tie,. ,- I, . ....
......; Le--2---
ive Secretary(Seal)
Legal Review:
,_
slisi,&
Attachment#1
Exhibit"A"
SCOPE OF SERVICES
Financial Management Number: 426889-2-58-01
Project Description and Limits of Construction:
The LOCAL GOVERNMENT shall cause to be installed landscaping and other improvements within
the Medians on State Road 5 (US 1) (Section N/A: Milepost 14.178 to milepost 15.847). The LOCAL
GOVERNMENT will also be responsible for construction engineering and inspection.
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". Shrubs can be used
when and where they are part of the best design solution.
Any and all other work to be performed within the Department's Right of Way as a part of this Project
shall be reflected on Design Plans for the Project. In no instance may improvements be installed or
constructed within Department Right of Way unless and until Design Plans have been accepted and a
Notice to Proceed has been issued by the Department.
Deliverables:
The LOCAL GOVERNMENT shall construct and complete the Project in accordance with the Standard
Specifications for Road and Bridge Construction, current edition,and as amended from time to time.
The DEPARTMENT shall reimburse the LOCAL GOVERNMENT only for the cost of purchase of the
plant materials, fertilizer, and the cost for labor associated with the installation of the planting. The
LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT'S participation.
• The Local Government will be responsible to prepare all planting areas by removing sod, adding
soil amendments and adjusting grade for proper planting as specified in the plans when approved
by the DEPARTMENT.
• The Local Government 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 Local Government will be responsible for fertilizing all trees,palms, and plants.
• The Local Government will purchase, supply and spread organic Mulch on all new plant beds.
• The Local Government will be responsible for staking of all trees planted.
• The Local Government will furnish water to all trees, palms, and plants for the described
maintenance period called for in the Landscape Plan specifications.
• The Local Government will be responsible for the growth of all plants for the establishment
period called for in the Landscape Plan specifications.
• The Local Government will establish proper Maintenance of Traffic, as needed.
• All work on the Project shall be undertaken and completed in accord with the Terms &
Conditions set forth in Exhibit"D".
Any proposed additional work to be performed by the LOCAL GOVERNMENT within the limits of
this Project, and not reimbursable under this Agreement, shall be included in the LOCAL
GOVERNMENT'S DEPARTMENT accepted plans and in Exhibit"A", Scope of Services.
The Landscape Plans are accepted and identified as the Phase I Landscape As-Built Plans dated
December 1, 2014.
No work shall be undertaken on the Project until a written Notice to Proceed has been issued by the
Department.
Attachment#2
Exhibit "B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 426889-1-58-01
For satisfactory completion of all services related to the purchase of the plant materials, fertilizer, and
the cost for labor associated with the installation of the planting 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.
Attachment#3
ACCEPTED DESIGN PLANS
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City of
rip GEWATER
•
April 7, 2015
Florida Department of Transportation
Ms. Allison Goodwin, Program Coordinator
719 S. Woodland Blvd., M.S. 4-520
DeLand, FL 32720-6834
RE: JPA-435465-1-58-01 86426889-2-58-01
Dear Ms. Goodwin,
At their regular meeting of April 6, 2015 City Council approved the above-referenced
agreement, coinciding with Resolution No's 2015-R-13 and 2015-R-14. A copy of each
Resolution along with the original associated agreement is included for your use.
Once executed by all parties please forward a copy via email;
bwenzelna,cityofe dgewater.org.
Should you have any questions regarding this matter please contact me.
Sincerely,
,L.,(,)
CY\i'\ LOIN
Bonnie Wenzel, CMC
City Clerk
Cc: Malecia Harris, City of Edgewater (w/out attachments)
Office of the City Clerk
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
w ww.cityofedgewater.org