Loading...
2016-R-42 RESOLUTION NO. 2016-R-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; RESOLUTION FOR APPROVAL AND EXECUTION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) JOINT PARTICIPATION AGREEMENT - FM #440283-1-58-01 FOR THE PROJECT DESCRIBED AS "CONSTRUCTION OF A BAFFLE BOX AT LAMONT STREET FOR STATE ROAD 5/US I OUTFALL WITHIN THE CITY OF EDGEWATER"; 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 #440283-1-58- 01) known as "Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater". WHEREAS, the FDOT has requested the City of Edgewater execute and deliver the Joint Participation Agreement for the aforementioned project,FM #440283-1-58-01. 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#440283-1-58-01 (which is attached hereto and incorporated herein as Exhibit "A") and authorizes the Mayor to execute the agreement relating to "Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater". 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 All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed.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 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. 2016-R-42 Section 4. This resolution shall take effect upon adoption. After a motion to approve by e.►Q...trc_ ,,t) with Second by -e....D/-tro; J`ry-4 +6 , the vote on this resolution held on December 5, 2016 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 5th day of December, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, F RIDA By: Robin L Matusick Mike Ignasiak City Clerk/Paralegal Mayor 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 5th day of December,2016 Aaron R. Wolfe,Esquire under Agenda Item No 8 kk . City Attorney Doran,Sims,Wolfe,&Ciocchetti 2 2016-R-42 • f of 1-EDGEWATEI� CERTIFICATION I,Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby certify that the attached is a true and Correct Copy of the City of Edgewater's Resolution Number 2016-R-42 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, on this 5th day of December, 2016. Robin L. Matusick City Clerk/Paralegal SEAL Office of the City Clerk P.O. Box 100•Edgewater. FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.cityofectgewater.org FM#440283-1-58-01 Original Draft: 9/15/2016 Page 1 of2l Revised: 11/8;2016 Agency: City of Edgewater Fund: DS Function: 215 Financial Management No.: 440283-1-58-01 Vendor No.: F 596000314 002 Contract Amount: $50,000.00 FLAIR Approp:ro 088716 FLAIR Obj.: 563000 Contract No: A S Li 3 7 Org.Code: 55054010508 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDGEWATER This Agreement, made and entered into this / day of � . , 2016, 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), W ITNESSETH: 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. 2016-R-42 dated the 5th day of December , 2016, a copy of which is attached hereto as Exhibit "F"and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the"Construction of a Baffle Box at Lamont Street for State Road 5/US 1 Outfall within the City of Edgewater", in Fiscal Year 2016/2017, said Project being known as FM#440283-1-58-01, 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 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. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and FM#440283-1-58-01 Original Draft:91l5/2016 Page 2 of 21 Revised: 11/8/2016 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, 2017, 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. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project which consists of: Baffle Box; and otherwise the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of Services attached hereto and by this 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. The DEPARTMENT'S financial participation in the Project pursuant to this Agreement is strictly limited to the construction of the Baffle Box. B. The LOCAL GOVERNMENT agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. C. 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. D. The Project is located in public right-of-way that has been used and maintained by the DEPARTMENT for many years. FM#440283-1-58-01 Original Draft:9/15/2016 Page 3 of 21 Revised: 11/8/2016 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 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. Two (2) copies of the design plans, engineers estimate, permits, drainage and/or structural calculations, geotech, specifications and any other documentation that would relate to design, shall be provided to the DEPARTMENT'S Point of Contact, at the address listed on Page 11. 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. All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final 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. 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 of Contact, address listed on Page 11, or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. G. The LOCAL GOVERNMENT shall hire a qualified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. H. The LOCAL GOVERNMENT shall hire a qualified Consultant Construction Engineering Inspection firm (hereinafter "CCEI") to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2016 Standard Specifications for Road and Bridge Construction, as 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 FM#440283-1-58-01 Original Draft:9/15/2016 Page 4 of 21 Revised: 11/8/2016 Project. The CCEI firm shall not be the same firm as that of the Engineer of Record for the Project. I. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. J. 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 that the work is performed in accord with the Terms and Conditions contained in Exhibit"D". K. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, all costs and expenses thereof shall not be subject to reimbursement. L. 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. M. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, 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. The LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of"as- built"plans certified by the Engineer of Record/CE!. N. Upon completion of the Project, the LOCAL GOVERNMENT shall be responsible for the perpetual maintenance of the facilities constructed under this Agreement, including the 36" pipe along Lamont Street from the connection to the Baffle Box to the Indian River Lagoon. 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. If FM#440283-1-58-01 Original Draft:9/15/2016 Page 5 of 21 Revised: 1118/2016 it comes to the attention of the DEPARTMENT that that the Project is not adequately maintained, 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 the deficiencies are not timely corrected, the DEPARTMENT has the right to remove and/or maintain the baffle box system located within the US l outfall system along Lamont Street. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $50,000.00 (Fifty Thousand Dollars and No/100). The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT for services described in Exhibit A— Scope of Services. This amount is based on the Method of Compensation,Exhibit"B"attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT in an amount not to exceed$50,000.00 (Fifty Thousand Dollars and No/100) for the actual project costs incurred, excluding LOCAL GOVERNMENT overhead. The 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. C. The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Project Number 440283-1-58-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit A— Scope of Services. D. 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. Deliverables must be received and accepted in writing by the Department's Project Manager or designee prior to payment. E. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required FM#440283-1-58-01 Original Draft: 9/15/2016 Page 6 of 21 Revised: 11/8/2016 minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit A—Scope of Services was met. F. There shall be no reimbursement for travel expenses under this Agreement. G. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall, within five (5) days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to ten percent (10%) of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency,the funds may be forfeited at the end of the Agreement term. i) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices,proof of payments, contracts or vouchers evidencing in sufficient detail the nature and propriety of the charges. H. The LOCAL GOVERNMENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty(20)working days, upon receipt of an invoice. 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. I. 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 FM#440283-1-58-01 Original Draft:9/I 5/2016 Page 7 of 21 Revised: 11/812016 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. J. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for the LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. K. 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. L. The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5),Florida Statutes. M. 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(6Xa), 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 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 FM #440283-1-58-01 Original Draft:9/I 5/2016 Page 8 of 21 Revised: 11,1812016 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." N. 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. O. 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, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirementthat 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. 4. 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 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 Agreement. 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. FM#440283-1-58-01 Original Draft:9/15/2016 Page 9 of 21 Revised: 11/8/2016 5. TERMINATION AND DEFAULT A. This Agreement may be canceled 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, 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 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. 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. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. 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 FM#440283-1-58-01 Original Draft:9/15/2016 Page 10 of 21 Revised: 11/8/2016 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. 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, 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. FM#440283-1-58-01 Original Draft:9/15/2016 Page II of 21 Revised: 11/8/2016 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: Points of Contact: DEPARTMENT Holly Lopenski Program Coordinator 719 South Woodland Boulevard, M.S. 4-520 DeLand, Florida 32720-6834 PH: 386-943-5520 hol ly.lopenski@dot.state.fl.us Raul E. Artuz Vince Vacchiano Project Manager/MS 4-521 Construction Project Manager/MS 3-506 719 South Woodland Boulevard 719 South Woodland Boulevard DeLand, Florida 32720-6834 DeLand, Florida 32720-6834 PH: (386)943-5377 PH: (386)943-5406 rauLartuza dot.state.fl.us vincent.vacchiano(a,dot.state,fl.us LOCAL GOVERNMENT Brenda Dewees Director of Environmental Services 104 North Riverside Drive Edgewater, Florida 32032 PH: 386-424-2400 bdewees(r%cityofedaewater.org FM #440283-1-58-01 Original Draft:9!15/2016 Page 12 of 21 Revised: 1 1/8!2016 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this 5th day of December , 2016, and the DEPARTMENT has executed this Agreement this Pi ill day of . e#n b t r , 2016. STAT e ' = ORIDA CITY OF EDGEWATER DE RTME0T OF ' - PORTATION By: ���siak By. Name: CJ Name: Frank J. O'Dea. P.E. Title: Mayor Title: Director of Transportation Development As approved by the Board on: December 5, 2016 Attest: A I- t: • 'I,.1 1 1 •41 Executive Secretary Legal Review: Legal Review: 2,1 -(\_ LP • Aar. R. olfe, Es City Attorney• q• Doran, ims, Wolfe, & Ciocchetti Financial Provisions Approval by the Office of the Comptroller on: Jane 7, Zot LQ Authorization Received from the Office of the Comptroller as to Availability of Funds: December 13, Zo 1 LP FM#440283-1-58-01 Original Draft:4/15/2016 Page 13 of 21 Revised: 11/8/2016 Exhibit "A" SCOPE OF SERVICES Financial Management Number: 440283-1-58-01 The objective of this Project is to reduce stormwater pollutant loads to the Indian River Lagoon and contribute to the recovery of the Indian River through the reduction of direct discharge of untreated stormwater runoff to the River. The LOCAL GOVERNMENT is committed to improving the water quality in the Indian River andhas the resources to properly maintain the systems being proposed. The proposed Project will benefit the Indian River Lagoon by reducing untreated stormwater runoff that directly discharges into the Indian River. By reducing the amount of these pollutants entering the estuary, sea grass growth will benefit, along with the animals. The Indian River Lagoon is listed on the Florida Department of Environmental Protection (FDEP) Statewide Comprehensive Verified List of Impaired Waters. In addition; the LOCAL GOVERNMDENT is proposing to partner with the DEPARTMENT to treat stormwater from US 1/State Road 5 contributing area which currently has no treatment and directly discharges to the Indian River Lagoon. The proposed Project consists of construction of a baffle box as part of the drainage improvements to the Lamont Street outfall by retrofitting the drainage system along Lamont Street and Hubbell Street by adding approximately eight (8) storm water inlets, exfiltration trenches, two (2) manholes, reinforced concrete pipe, a baffle box and sodded swales. The DEPARTMENT is funding the construction of the Baffle Box only. FM#440283-1-58-01 Original Draft:9/15/2016 Page 14 of 21 Revised: 11/8/2016 Exhibit "B" METHOD OF COMPENSATION Financial Management Number: 440283-1-58-01 For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this Agreement, the DEPARTMENT will compensate the LOCAL GOVERNMENT an amount not to exceed $50,000.00(Fifty 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. FM#440283-1-58-01 Original Draft:9/15/2016 Page 15 of 21 Revised: 11/8/2016 Exhibit "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 440283-1-58-01 Give NTP January 2, 2017 Earliest Construction Start January 2, 2017 Latest Construction Finish September 30,2017 Construction Contract Closeout September 30,2017 Final Invoice and Closeout Documentation to the Department November 30, 2017 FM#440283-1-58-0 I Original Draft:9/1512016 Page 16 of 21 Revised: 11/8/2016 Exhibit "D" TERMS & CONDITIONS OF CONSTRUCTION Financial Management Number: 440283-1-58-01 I. 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, 2016, 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 obligee. 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 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 FM#440283-1-58-01 Original Draft:9/15/2016 Page 17 of 21 Revised: 1/8/2016 LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 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 a qualified prime contractor for the Project. 8. The LOCAL GOVERNMENT shall hire a ualified Consultant Construction Engineering Inspection firm (CCEI) to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2016 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 FM#440283-1-58-01 Original Draft:9/15/2016 Page 18 of 21 Revised: 11/8/2016 Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2016 Standard Specifications for Road and Bridge construction and the DEPARTMENTS 2016 Roadway and Traffic Design Standards, and as those sources may be amended from time to time. The LOCAL 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 DEPARTMENTS 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 Construction Project Administration Manual, Chapter 5.12 (FDOT Procedure #700-000-000). 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, 2016 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 being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the Project will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph I and all required right-of-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. FM#440283-1-58-01 Original Draft:9/15/2016 Page 19 of 21 Revised: 11/8/2016 Exhibit "E" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF EDGEWATER PROJECT DESCRIPTION: "Construction of a Baffle Box at Lamont Street for State Road 5/US I Outfall within the City of Edgewater" FINANCIAL MANAGEMENT ID# 440283-1-58-01 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: ENGINEER'S CERTIFICATION OF 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 Professional Engineer has been completed in 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. Also, with submittal of this certification, the LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of "as-built" plans certified by the Engineer of Record/CEI. By: . P.E. SEAL: Name: FM #440283-I-58-01 Original Draft: 9/15/2016 Page 20 of 21 Revised: 11/8/2016 Date: FM#440283-1-58-01 Original Draft: 9/15/2016 Page 21 o121 Revised: 11/8/2016 Exhibit"F" RESOLUTION Financial Management Number: 440283-1-58-01 FDOT Florida Department of Transportation RICK SCOTT 719 S. Woodland Boulevard JIM BOXOLD GOVERNOR DeLand, Florida 32720-6834 SECRETARY December 14, 2016 Ms. Robin L. Matusick, City Clerk/Paralegal Office of the City Clerk City of Edgewater P.O. Box 100 Edgewater, Florida 32132 Re: Executed Joint Participation Agreement for Construction of Baffle Box at Lamont Street FM#: 440283-1-58-01; Contract: AS437 Dear Ms. Matusick, Please find enclosed the executed Joint Participation Agreement for the Project referenced above, dated December 14, 2016, 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) 943-5520. Sincerely, *'- • '• Holly Lopenski, FCCM Program Coordinator Local Government Agreements HL Enclosure cc: Financial Services File wV V .dot.statc.11.us I itoomm City of rDGETERI December 8, 2016 Ms. Holly Lopenski Florida Department of Transportation (M.S. 4-520) 719 S. Woodland Blvd DeLand, FL 32720 Re: City of Edgewater- Resolution#2016-R-42 Joint Participation Agreement- Project #110283-1-58-01 Construction of Baffle Box at Lamont Street Dear Ms. Lopenski: This will confirm that during the City Council meeting held on December 5, 2016 Council approved the above-referenced Resolution and Agreement. Enclosed please find an original agreement executed by the City for FDOT to complete your execution. Once FDOT executes the JPA,please forward a completed document to my office at the location listed below. Also enclosed for your records/files is a Certified copy of Resolution#2016-R-42. Do not hesitate to contact myself or Jordan Church at the number listed below if you have any questions regarding same. Sincerely, getititt1 Jt!aEuauii Robin L. Matusick City Clerk/Paralegal rmatusick@cityofedgewater.org /rim Enclosure Copy to: Finance(copy on laserfiche) Director of Environmental Services(copy on laserfiche) Office of the City Clerk/Paralecal P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400.Option#1 &Ext. 1102•Fax(386)424-2410 www.cityofedge water.orq (Letter/Ltr-2016-089)