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2015-R-14 - FDOT - JPA #435465-1-58-01 RESOLUTION NO. 2015-R-14 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 - FM #435465-1-58-01 RELATING TO THE LANDSCAPING IMPROVEMENTS IN THE MEDIAN ON STATE ROAD 5/US #1 BETWEEN VOLCO ROAD AND BOSTON ROAD; BETWEEN LOUISA STREET AND WEST OCEAN AVENUE; AND BETWEEN LAMONT STREET AND 10'x' STREET AND ON STATE ROAD #442 FROM INTERSTATE I-95 TO US #1; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater and the Florida Department of Transportation (FDOT) would like to enter into a Joint Participation Agreement for Project (FM #435465-1-58- 01) known as "Landscaping Improvements in the median on State Road 5/US #1 between Volco Road and Boston Road; between Louisa Street and West Ocean Avenue; and between Lamont Street and 10th Street and on State Road#442 from Interstate I-95 to US #1. WHEREAS, the FDOT has requested the City of Edgewater execute and deliver the Joint Participation Agreement for the aforementioned project, FM#435465-1-58-01. NOW, THEREFORE,be it resolved by the City Council of Edgewater, Florida: Section 1. The City Council of the City of Edgewater hereby approves entering into the Joint Participation Agreement—FM#435465-1-58-01 (which is attached hereto and incorporated herein as Exhibit "A") and authorizes the Mayor to execute the agreement relating to "Landscaping Improvements in the Median on State Road 5/US #1 between Voico Road and Boston Road; between Louisa Street and West Ocean Avenue; and between Lamont Street and 10th Street and on State Road #442 from Interstate I-95 to US #1. 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 All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed.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 1 2015-R-I4 unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this 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 byf 1,-1Lin nrl with Second by ectinelluprxnn, the vote on ,,,,,, Tapes this resolution held on April 6,2015 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power �( Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X PASSED AND DULY ADOPTED this 6th day of April, 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA 10. U By: , °/ Bonnie Wenzel Mike Ignasiak CityClerk Mayor Sti .4 4 • A • Robin atusick• ) • . • 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 6th day of April,2015 under Aaron R.Wolfe,Esquire Agenda Item No 8 C . City Attorney Doran,Sims,Wolfe,Kundid, Ciocchetti&Wagner 2 2015-R-14 Fi.ancial Mseagement No.: Fund: AS Activity: 215 FLAIR Approp:4g871 435465-1-58-01 FLAIR Obj: 563800 Agency: City of Weewatrn Centra Amount: S500.000.00 Org.Code:55654011 MS Contract No: /3ik( Vendor No.: F 5960003I4t8i9 JOINT PARTICIPATION AGREEMENT BETWEEN 'IDE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION The CITY OF EDGEWATER This Agreement, made and entered into this / 1.. day of April 1' J , 2015, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF EDGEWATER, municipality incorporated under the laws of the State of Florida (hereinafter referrel to as the LOCAL OOVERNMEN1), 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.e O/ A~r7 dated the &4"day of Ape( I , 2015., a copy of which is attached hereto as Exhibit`r 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 Improvements in the Median on State Road 5/115 1 between Volco Road and Boston Road; between Louisa Street and West Ocean Avenue; and between Lamont Street and 10th Street and lin State Road 442 from Interstate 95 to US 1", in the DEPAR'TMENT'S Fiscal Year 2014/2015, said Project being known as FM 4435465-1-58-01,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 Programa; and WHEREAS, the implementation of the Project is in the interest of both the DEPAR'T'MENT and the LOCAL 60VERNMENT and it would be most practical, expeditious, and economical for the I ()t'AL GOVERNMENT to perform the services to complete the Project; and: WHEREAS, the intent of this Agreement is to establish the terms and conditions of the landing and the production of this Project. 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 .ol'signature of the last party to sign. The LOCAL. GOVERNMENT agrees to complete the Project by May 31, 2016 in accordance with the schedule described and contained in Exhibit"C"attached hereto. TI'the LOCAL. GOVERNMENT does norcomplctc 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 (i{)VFRNME T 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 i„ effect and be binding on the parties in perpetuity thr maintenance responsibilities of the LOCAL GOVERNMENT. The DEPARTMENT will review the need for the LOCAL. GOVERNMENT to continue maintcnaitce 'or the Tinprovernctats on a live year basis, and it' it is determined by the DEPARTiv1ENT that maintenance is no longer needed, the DEPAR l'MF.NT may unilaterally tenure►te the Agreement_ upon thirty (30) days written notice to the LOCAL GOVERNMENT. 2. SERV10EN 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- speeiticutions shown in the accepted Landscape Plan: maintaining the material shown in the Landscape Plan for the duration of the project; staking all tree.: planted; and supplying Maintenance of Traffic in any roadway areas, if neernary. The LOCAL GOVERNMENT shall perform necessary prelimintuy engineering, prepare all design plans lin 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 hy tlx: LOCAL GOVERNMENT hereunder shall he undertaken consistent with and in accordance with the Terms & Conditions set forth in Exhibit "U" hereto. 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. 13. In addition to the 'Perms & Conditions set forth in Lxhibit "D". the LOCAL GOVERNMENT agrees to undertake the design and construction of the Project in accordance with all applicable federal, slate and local statutes, rules and regulations, including I)EPAR"I MiENT standards and specifications. C. The Landscaping design for the project locations on State Road S (US 1) between I.amont Street and 10`x' Street and between Louisa Street and West Ocean Avenue and on State Road 442 from Interstate 95 to US I shall meet the DTPARTMEN'I'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. D. This Agreement shall act to supersede the normal requirements of the LOCAL. GOVFRNMRN.1.to secure separate DRPAR"I'MliNT permits for drive-way connection, right- of-way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. F. the LOCAL GOVERNMENT shall be responsible for obtaining elearances/permits required for the construction of the Project from the appropriate permitting authorities. The LOCAL. GOVERNMENT understands that they arc responsible [bi- the preparation of all design plans for the Project, at the expense of the LOCAI. 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 14-44.030, Florida Administrative Code, as it relate; to Vegetation Management at Outdoor Advertising Signs. One (I) copy of the design plans shall he provided to the DFiPARTMIrNI''S Desitin Project Manager at the address listed on Page 13. 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 DEPARTMFNT'S review shall i . 1 I 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 he made by the Engineer of Record/LOCAL GOVERNMENT wi.th the understanding that final decision rest with the DEPARTMENT. All corrected plans shall he 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(W)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 Point or Contact listed on page 13, 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. To the greatest extent practical, at least 50% oC these funds shall be used to purchase large plant materials (large plant materials have been defined by the Florida Department of Transportation to he five (5)gallon or larger containers as defined by the Florida Department of Agriculture's "Grades and Standards int Nursery Plants") with the remaining funds for other plant materials. Except as prohibited by applicable law or regulation, all of the plant materials purchased shall be purchased from Florida commercial nursery stock in this state on a uniform competitive bid basis. H. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified 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 "CCM") to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the\Standard Specifications for Road and Bridge Construction, current edition, and us amended from time to time. The LOCAL GOVERNMENT'S Attorney shall certify to the DEPARTMENT that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes. The DEPARTMENT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. The CCM firm shall not be the same firm as that of the Engineer of Record for the Project. 4 J. The LOCAL GOVFRNMEN t' shall require the LOCAL GOVERNMENTS contractor to post a bond in accordance with Section 337.18i I), Florida Statutes. K, The LOCAL GOVERNMENT shall he reslxmsible 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 that the work is perlbrrmed in accord with the Terms and Conditions contained in Exhibit"FY. L. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, all costs and expenses thereof shall not he subject to reimbursement. M. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMEN l in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The UEPARTMF..NT 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 gutted a conference with the other party. N. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DFPARt'MLiNT in writing of the completion; and for all design work that originally required certification by a Registered Landscape Architect, this notification shall contain a i.andscapc Architect's Certification of Compliance, signed and sealed by a Registered Landscape Architect, the form of which is attached hereto as Exhibit The certification shall `tate that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the accepted pians, 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 and all other improvements constructed or installed in the Department's Right Way need to be removed from the Right of Way, the LOCAI. GOVERNMENT shall, at all times, maintain the Project in a reasonable manner and with due care in accordance with all applicable 1' SPAR IMENT guidelines, standards, and procedures • (Project Standards) and as herein below specified. i) The LOCAL GOVERN MEN I' hereby agrees to have the landscaping • installed on the Project as specified in the i.aimdscape. Plan(s). Such 5 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 written approval of the DEPARI.MENT. ii) The LOCAL C;OVERNMENT agrees to maintain the landscaping installed by the Project in accordance with the Landscape Maintenance Plan(s). Said maintenance will he 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 Horida Administrative Code Rule 14.40.003(5), as it may be amended from time to time. The maintenance !unctions to be performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the DEPARTMIiNT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DI:PAR'IMENT. 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 14-40.001, 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. GOVERNMLN'f shrill take measures, including the placing and display of safety devices that arc 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 Manna! on Unil«mi Traffic Control Devices liar.Streets and Ilighways, and the [)EPARI MEN I"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. GOVT RNMILN'I has assumed the (1 landscaping installation or maintenance responsibility above- mentioned, it shall come to the attention of the DFPAR1 MENT that the Project, as will he 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 CiOVERNMLNT 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 arc not corrected within this time period, the DEPARTMENT may terminate the Agreement, in which case the LOCAL GOVERNMEN I 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 he removed and return the Right-of-Way to its original condition, l'hc 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 I OCAL GOVERNMENT shall be given sixty (60) calendar days notice to remove said landscaping after cc•ttieh time the DEPARTMENT may remove the same. 4. C:OMPENSA'1'JON AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is 100,00.00 (Five Hundred Thousand Dollars and No/1001. 'Ibis amount is based on the Schedule: of Funding, Lxhihit "B"attached hereto. 13. 1)FPAR't'MENT Participation: The DEPARTMENT agrees to reimburse the GOVERNMENT in an amount nut to exceed S500,000,00 (Five Hundred 7 • Thousand Dollars and No/1011) for actual costs incurred. excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by tlx: Florida Legislature. The DEPARTMENT shall reimburse the LOCAL GOVERNMENT only for the cost of purchase of the plant materials, fertilizer. and the exist lbr labor associated with the installation of the planting. Notwithstanding the fact that said work is not reimbursable, any and all additional work to he performed by the 1.00AL GOVERNMENT within the limits of this Project shall be included in the L()CAT. GOVERNMLN 1"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. 'i1tc 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 tar 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 accepted by the DEPARTMENT. Deliverables must be received and accepted in writing by the DEPARTMENT'S Project Manager or designee prior to reimbursements. 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 LOCAT. GOVERNMENT may receive progress payments for tlx: 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 catisllu;tion 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 die nature and propriety of the charges. 8 C. The DEP.ARTMFN I 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 1.0CAL GOVERNMENT which is providing goods and services to the DRPARTMENT should be awure of the following time frames. Upon receipt of an invoice, 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 arc 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 intevest 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 i.()CAL GOVERNMENT. interest penalties of less than one dollar ($1))0) will not be enlbreed unless the LOCAI. GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of 1.00AI, 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 he 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 till 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 he resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMEN't'. F. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND LX)I.I.ARS ANE) NOi 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 L)LPARTMF.NT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms,invokes the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract verbal or written, made in violation of this subsection is null and void,and no money may be paid on such contract. The DEPARTMENT ME•NT 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 liiixis. Nothing herein contained shall prevent the making of contracts for periods exceeding one (l) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid kw in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPART MFNT which arc for an amount in execs of$25.000.00 and which have a term for a period of more than one (1) year." G. The DEPAR1 MFNT'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 arc not appropriated to the 1)FPARTMLNr1 for the Project, this Agreement may he terminated, which shall be effective ulxon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. 5. COMPLIANCE WITH LAWS 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 LOCA1. GOVERNMENT in conjunction with this Agreement. - Failure by the LOCAL GOVLRNMENT 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, stale and local laws and ordinances applicable to the woik or payment for work thereof Tiw I.00AL (,UVF.RNMEN'1' shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No hinds received pursuant to this Agreement may be expended fur lobbying the Legislature, the judicial branch. or a state agency. 10 D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the lA)CAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMEN I as a result of this contract. 6. TERMINATION AND DEFAULT A. This Agreement may be canceled by the DEPARTMENT in whole or in part. at any time the interest of the DF.PART MLNT requires such termination. The DEPARTMENT also reserves the tight to seek termination or cancellation of this Agreement in the event the LOCAT. GOVERNMENT shall he placed in either voluntary or involuntary bankruptcy. The DEPARTMENT NT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. B. It 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,or (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 shalt 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. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall he 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 b, this Agreement. All work in progress will become the property 01 the DEPARTMENT and will be turned over promptly by the LOCAL. GOVERNMENT. 7, MISCELLANEOUS A. In no event shall the making by the DFPARTMEN'T of tiny payment to the LOCAL: GOVERNMENT constitute or be construed at.s a ultiver 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 II 1 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. l3. 'Ibis Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein detcrnmined by a court of competent jurisdiction, or any other legally constituted hotly having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in lull force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement_ C. I-his 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 arc known, and legislatively appropriated reimbursements. if approved,are made by the DEPARTMENT. The DEPARTMENT ttwy, 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. Pl1RLIC ENTITY CRIME INFORMATION AND ANT'I- 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 3 hid on a contract with a public entity fix 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 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 liar 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 he 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. F. The DEPARTMENT and the LOCAI. GOVERNMENT' acknowledge and agree to the lollowing: 1? i) The LOCAL CIOVERNMI N'I shall utilize the t'.5. Department of Homeland Security's E-Verify systcin to verify the employment elit,ibility 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 suite contract to likewise utilize the 11.S. Department of Homeland Security's F.-Verify system to verify the employment eligibility of all new employees hired by the ntractor'subcontrac or during the contract term. F. All notices required pursuant to the terms hereof shall he 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 Point of Contact: Allison Godwin Program Coordinator 719 South Woodland Boulevard, M.S. 4-520 Del.and, Florida 32720-6834 PH: (386) 943-5458 allison owinfa dot.stntc.fl.us Richard(iroorns Vince Vacehiano Design Project Manager/MS 4-510 Construction Project Ivlanager/MS 3-5Ob 719 South Woodland Boulevard 719 South Woodland Boulevard t)cLand, Florida 32720-6834 Deland, Florida 32720-6834 PH: (386)943-5374 P11: (386)943-5406 richttr l ruotn1;ii41state.111.u,•: vinccnt.‘acchianoi !dot.state.fl.us LOCAL GOVERNMENT Maiecia Harris • 'Grains/Project Coordinator City of Edgewater Post Office Box 100 1108 S. Ridgewood Avenue Edgewater, Florida 32132 PH: (386)424-2400,ext_ 7203 mit:uris:u;citvofedt;o*er.vry II IN WITNESS WHEREOF_ the LOCAL. GOVERN.MliN l' has executed this Agreement this /p""day of 4 Ii I 2013, and the DEPARTMENT has executed lhi%Agreement this I day of I A- 1 _ . 2015. STATE OF FLORIDA • CITY 0: EDGEW TER DEP -TENT(W TRANSPORTATION ifBy; iCr`t/� By: Name.: -{ • c Name:Frank J.(rDea. P.r. Title: Director of Transportation Deyelopnbcnt As approved by the Board on: .L) LC,X1S Attest Atte- ar J?xecutive Secretary Legal Review: Legal Review: • cTJ - • Local Government Ati �rn Financial Provisions Approval by The Office of the Comptrolkx on: Authorization Received from the Otticti of the Comptroller as to Availability of Funds: 49(1/ /S, 2 rS 14 Exhibit "A" SCOPE OF SERVICES Financial Management Number: 435465-1-58-01 Protect De cription and Limits of Construction: The LOCAL GOVERNMENT shall cause to be installed landscaping and other improvements within the Right of Way of State Road z between Volco Road and Boston Road; between Louisa Street and West Ocean Avenue; and between Lamont Street and Tenth Street(Section 79010000; Milepost 11.908 to Milepost 13.941: Milepost 14.979 and Milepost 15.345;and Milepost 15.794 to Milepost 16.663) and of State Road 442 between Interstate 95 and US 1 (Section 79210000; Milepost 0,0() to Milepost 3.7K). The LOCAL GOVERNMENT will also be responsible for construction engineering and inspection. 'l'he landscaping design for the project locations on State Road 5 (US 1) between Lamont Strcct and 106' Street and between Louisa Street and West Ocean Avenue and on State Road 442 between interstate 95 to US I shall meet the DEPARTMENT'S criteria for Bold Landscape Requirements with more emphasis on more large trees and ti:wcr shrubs to increase "curb appeal". Shrubs can be used kvhcn 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 reviewed and accepted and a Notice to Proceed has been issued by the Department. Deliverables: The LOCAI. 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. 'Ile DEPARTMENT shall reimburse the l.(1(7AL GOVERNMEN.I 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 hear all expenses in excess of the UEPARTMEN't''S participation. • The Local Government will be responsible to prepare all planting areas by removing scud, adding soil amendments and adjusting grade lar proper planting as specified in the plans when accepted by the DEPARTMENT. • The I AVM Government will purchase all trees. palms,and plants for the project and will install them to the specifications shown in the accepted Landscape Plans when accepted by the DLPART1vMENT. • I"he Local Government will be responsible fur fertilizing all trees.palms, and plaints. 15 • The Local Government will purchase, supply and spread organic Mulch on all new plant beds. • The Local Government will he 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 t.andseape Plan specifications. • 'lite 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 he 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 parties hereto acknowledge and agree that the design plans for this Project are not yet complete and are subject to review by the DF.PARTMEN'1. Upon Final acceptance by the DL PAR MENT, this Ac eement shall he 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 &imager_the authority to enter into an amendment of this Agreement to accomplish said task. No further Board or Council action shall he required to amend this Agreement for the sole purpose of incorporating the plans. No work shall be undertaken on the Project until a written Notice to Proceed has been issued by the Department. Ih • Exhibit "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 435465-1-58-t)t 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 Atat✓ement, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to exceed 5500,000.00 (Five Hundred Thousand Dollars and Not100)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 DEPARTMEN 1 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. Exhibit "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: I Advertises for bids March 2015 Bids Contitruction(bid opening) Select Construction Firm (13CC approval) (}i ye NTP May 2015 Earliest Construction Start May 2015 1aiest Construction Finish January 2016 Construction Contract Closeout April 2016 Final invoice and Closeout Documentation to the L)epamnent May 2016 18 Exhibit b4D" TERMS CONDITIONS OF CONSTRUCTION Financial Management Number: 435465-1-58-01 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 Ltiith construction plants and speciticatiorts to be accepted 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,current edition. and as amended from time to tune) changes to the plans be required during construction of the Project, the 1.00AL GOVERNMENT shall he required to notify tlx: DEPARTMEN1 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 arca of the Project al 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 be 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 he represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. !he LOCAL GOVERNMENT shall be obligated to design around any utility installation lin' which the conflict cannot be resolved. Said utility work shall he deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules arc obtained for the Project 3. .1 he 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 he 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. S. 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 LOCAs. GOVERNMENT right-of-way nor the placing of facilities upon I)EPARTMFN 1 and'or LOCAL-GOVERNMENT land shall operate to create or vest any property right in the i.CH'AL GOVERNMENT except as otherwise provided in separate agreements. 10 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 CiOVERNMLN'l activities pursuant to this Agreement. The LUCA1. GOVERNMENT shall provide a current construction schedule to the DEPARTMENT'S representative turd 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 DL•PARTMEN'l prcqulified prime contractor for the Project. 8. The LOCAL GOVERNMENT shall hire a DLPARTMEN 1 Ike-qualified Consultant Construction Engineering Inspection Bern (CCEI) to perform construction oversight including the obligation to assure that any and all veritication testing is performed in accordance with the Standard Specifications for Road and Bridge Construction. current edition, and 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 CCFI film 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 ot'traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Pr+ov-idcd, 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 GOVERNMEN'T'S option, the LOCAL GOVERNMENT'S CLI firm, to discuss any part of tlx: Project activities that the DEPARTMENT determines to he inconsistent with the accepted 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 D PA O IVMENT may. but is not obligated to, review independently the progress of the corrective action. Provided however, if the T)EPAR IMENT determines a condition exit which threatens the public's safety, the DEPAR I MENT may.at its discretion, issue an immediate stop work order_ 12. The LOCAL GOVERNMENT shalt have the continuous obligation to monitor the maintenance of'truffle 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 or traffic plans as may he necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety device that are necessary in order to safely conduct the public through the Project arca in accordance with t c latest and current version of the Federal highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENTS Standard Specifications for Road and Bridge construction,current edition, and the r)F.PARrMLN1'ti Roadway and traffic Design Standards, cement edition, and as those sources may be amended from time to time. The 20 • LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or tis'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 udvertived for bid. the hid opening date, the award date and the date of the preconstruetion conference. 14. It is understood and agreed that the rights and privileges herein set out arc granted only to the extent of the DEPARTMEN'T'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or piivilege required to undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNM ENT. S. Upon completion of the work in accord with the Planes. the LOCAL GOVERNMENT shall furnish a set of "as-built" plans prepared in accordance with the FDOT Construction Project Administration Manual. Chapter 5.12 (FDOT Procedure 11700- 000-00). The "as-built" plans shall he certified by the Engineer of Record/CEI that the necessity improvements have been completed in accordance with the Plans as the sic may be mortified 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, current edition,and as amended from time to time,or otherwise conthnn 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 prodded to the UEPARTMFNI' in a rummer 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 LOCA . 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 constnaction plans and specifications are still beings prepared by the LOCAL. GOVERNMENT as of the date of this Agreement. Construction oC the !'reject will not commence until the DEPARTMENT MENT lits accepted the construction plans and specifications as provided for in Paragraph 1 and all required right-of- way has been properly obtained and certified (if applicable) as such by the DEPART'MENT'S Right of Way Manager, 18. 11' applicable, the LOCAL GOVERNMENT shall assure that loud ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DFPAR I'MLNT review. Structures shall not be opened to traffic until a signed and scaled final bridge load rating that meets the Florida legal loads standard is complete. _'1 Exhibit "L" NOTICE OF COMPLETION It HNT PARTICIPATION AGREEMFNT Bt.twwn THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF ED(JEVVATFR PROJECT' DESCRIPTION: Landscaping Improvements in the Median on State Road 5/15 t Between Volcv Road and Boston Road; between Louisa Street Lind West Ocean Avenue, and Between Lamont Street and 10th Street and on State Road 442 From Interstate 95 to US I. FINANCIAL. MANAGEMENT ID#435465-1-5 -t}I Let accordance with the Tarns and Conditions or the JOINT PARTICIPATION AGREEMENT,the undersigned hereby provides notification that the work authoriicd by this Agreement is complete as of . 20 . By: Name: Title: LANDSCAPE ARCHITECT'S CERTIFI TION OF, STANTIAL COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AtiRLLMENT, the undersigned hereby certilie., that all work which originally required certification by a Registered Landscape Architect has been completed in substantial cotnplianue with the Project construction plans and specifications. if any deviations have been made from the accepted plans. a list of all deviations along with an explanation that justifies the reason to accept each deviation will be attached to this Certification. 13y• P l� CEi11 : Name: Date: 7.2 Exhibit `'F" RESOI 1TION Financial Management Number: 435465-1-58-01 l; d r•. i 144 • City of 'LED G Inc.1951 TEllr 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; bwenzelacityofedgewater.org. Should you have any questions regarding this matter please contact me. Sincerely, 1`\%\uC.- Ceti Bonnie Wenzel, CMC City Clerk Cc: Malecia Harris, City of Edgewater (w/out attachments) I Office of the City Clerk P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.cityofedgewater.org