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HomeMy WebLinkAboutItem #09 Approval of Joint Participation Agreement and Resolution for the Landscaping Improvements in the Medians of State Road 50 (Colonial Drive) between State Road 429 and Good Homes Road ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 18, 2018 Item # / Reviewed By: Contact Name: Ginger Corless Department Director: 'It Contact Number: 1028 City Manager: ki://� Subject: Approval of Joint Participation Agreement and Resolution for the Landscaping Improvements in the Medians of State Road 50 (Colonial Drive) between State Road 429 and Good Homes Road Background Summary: - The City submitted a request to the Florida Department of Transportation (FDOT) for funds to landscape the medians of State Road (SR) 50, between SR 429 and Good Homes Road. Based on the City's request, FDOT has awarded the project a total of $775,000 to be reimbursed to the City over two fiscal years as shown in the following table: Funding FM #443786-1-58-01 Fiscal Year 2018/2019 $500,000 FM #443786-1-58-02 Fiscal Year 2019/2020 $275,000 Total $775,000 FDOT will reimburse the City the costs for the purchase of plant materials, fertilizer, soil amendments, mulches, staking and mulches, and labor associated with the installation of the planting. The City is responsible for all other costs including the preparation of construction documents that comply with FDOT design criteria, cost of securing the services of construction engineering and inspection, and irrigation. The project must be completed prior to June 30, 2020. Issue: The City and CRA seek to improve the overall appearance of the medians in SR 50 between SR 429 and Good Homes Road. To acquire the funding from FDOT, the City must adopt a resolution giving the Mayor authority to execute the Joint Participation Agreement. Recommendations: Staff recommends the Honorable Mayor and City Commission approve the Joint Participation Agreement inclusive of Resolution and authorize the Mayor to sign the Resolution and Agreement and transmit to FDOT. Financial Impact: The City will be responsible for the upfront costs of the project. FDOT will reimburse the City up to $500,000 in FY 18/19 and $275,000 in FY 19/20 for the allowable cost of the project identified above. The CRA and City will be responsible for the cost of preparing the design documents, permitting, irrigation, and maintenance of traffic and for a construction engineering inspector. This amount is approximately $200,000 with $175,000 from the Community Redevelopment Agency for the portions of the project between SR 429 and Clarke Road and up to $25,000 in FY 19/20 for the portions of the project from Clarke Road to Good Homes Road from Public Works. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing X Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 FM# Original Draft:4/18/2018 Page 1 of 30 Revised:09/13/2018 Financial Management No.: Fund: DS Activity: 215 FLAIR Approp:088716 443786-1-58-01 FLAIR Obj:563000 443786-1-58-02 Contract Amount: $775,000.00 Org.Code:55054010508 Agency: City of Ocoee Vendor No.: F596019764002 Contract No: JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OCOEE This Agreement, made and entered into this day of , 2018, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF OCOEE, a Florida Municipal Corporation) (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS,the LOCAL GOVERNMENT by Resolution No. dated the day of , 2018, a copy of which is attached hereto as Exhibit"G" 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 Medians on State Road 50 (West Colonial Drive) between State Road 429 and Good Homes Road", in the DEPARTMENT'S Fiscal Year 2018/2019 and Fiscal Year 2019/2020, said Project being known as FM#443786-1-58-01/02, hereinafter referred to as the "Project"; and WHEREAS,the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interest of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project; and; FM# Original Draft:4/18/2018 Page 2 of 30 Revised:09/13/2018 WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding 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 of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by August 311 2020 in accordance with the schedule described and contained in Exhibit"C" attached hereto. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. The DEPARTMENT will review the need for the LOCAL GOVERNMENT to continue maintenance of the Improvements on a five year basis, and if it is determined by the DEPARTMENT that maintenance is no longer needed, the DEPARTMENT may unilaterally terminate the Agreement, upon thirty (30) days written notice to the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services with which to construct the Project. The Project includes preparing all planting areas by removing sod, adding soil and adjusting grade for proper planting; purchasing all materials for the project and the installation of the landscaping improvements to the specifications shown in the accepted Landscape Plan; maintaining the material shown in the Landscape Plan for the duration of the project; staking all trees planted; and supplying Maintenance of Traffic in any roadway areas, if necessary. The LOCAL GOVERNMENT shall perform necessary preliminary engineering, prepare all design plans for the Project, perform the construction, provide all necessary engineering supervision, and otherwise perform all other necessary work to complete the Project, as specified in Exhibit"A" attached hereto and by this reference FM# Original Draft:4/18/2018 Page 3 of 30 Revised: 09/13/2018 made a part hereof. All work provided by the LOCAL GOVERNMENT hereunder shall be undertaken consistent with and in accordance with the Terms & Conditions set forth in Exhibit "D" hereto. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. In addition to the Terms & Conditions set forth in Exhibit "D", the LOCAL GOVERNMENT agrees to undertake the design and construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. C. The landscaping design shall meet the DEPARTMENT'S criteria for Florida Department of Transportation District Five Landscape Initiative 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 GOVERNMENT to secure separate DEPARTMENT permits for the landscaping described herein and this Agreement is deemed to constitute a permit for said work. 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. The LOCAL GOVERNMENT shall assure that the design, construction, installation, and maintenance is consistent with and meets all criteria and limitations of Rule 14-40.030, Florida Administrative Code, as it relates to Vegetation Management at Outdoor Advertising Signs. One (1) copy of the design plans shall be provided to the DEPARTMENT'S Design Project Manager at the address listed on Page 15. 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 FM# Original Draft:4/18/2018 Page 4 of 30 Revised:09/13/2018 for the plans, however, all changes requested by the DEPARTMENT shall be made by the Engineer of Record/LOCAL GOVERNMENT with the understanding that final decision rest with the DEPARTMENT. All corrected plans shall be provided to the DEPARTMENT in a timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT within ten (10) days of the receipt of said documents. After approval of the plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Point of Contact listed on page 13, or from an appointed designee. The LOCAL GOVERNMENT shall not advertise for bids until the DEPARTMENT issues the Notice to Proceed. 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% of these funds shall be used to purchase large plant materials (large plant materials have been defined by the Florida Department of Transportation to be seven (7) gallon or larger containers as defined by the Florida Department of Agriculture's "Grades and Standards for Nursery Plants") with the remaining funds for other plant materials. 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 Pre-qualified Landscape Contractor or, in accordance with the requirements set forth in Exhibit "D" and in accordance with the Special Provisions set forth in Exhibit"E",the LOCAL GOVERNMENT may hire an experienced qualified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. I. The LOCAL GOVERNMENT shall hire a DEPARTMENT Pre-qualified Consultant Construction Engineering Inspection firm (hereinafter "CCEI") 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 as amended from time to time. The LOCAL GOVERNMENT'S Attorney shall certify to the DEPARTMENT that selection has been accomplished in FM# Original Draft:4/18/2018 Page 5 of 30 Revised:09/13/2018 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 CCEI firm shall not be the same firm as that of the Engineer of Record for the Project. J. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. K. The LOCAL GOVERNMENT shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable DEPARTMENT standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"D". L. 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. M. Upon request,the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of the Project being constructed by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. N. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Registered Landscape Architect, this notification shall contain a Landscape Architect's Certification of Compliance, signed and sealed by a Registered Landscape Architect, the form of which is attached hereto as Exhibit "F". 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 accepted plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 3. MAINTENANCE A. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as the landscaping and all other improvements constructed or installed in the Department's Right of Way need to be removed from the Right of Way, the LOCAL FM# Original Draft:4/18/2018 Page 6 of 30 Revised:09/13/2018 GOVERNMENT shall, at all times, maintain the Project in a reasonable manner and with due care in accordance with all applicable DEPARTMENT guidelines, standards, and procedures (Project Standards) and as herein below specified. i) The LOCAL GOVERNMENT hereby agrees to have the landscaping installed on the Project as specified in the Landscape Plan(s). Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. ii) The LOCAL GOVERNMENT agrees to maintain the landscaping installed by the Project in accordance with the Landscape Maintenance Plan(s). Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time. The LOCAL GOVERNMENT'S responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14.40.003(5), as it may be amended from time to time. The maintenance functions to be performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. iii) The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic pursuant to the Standard Plans Series 102, and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time, during the course of the maintenance functions so that the safe and efficient movement of the traveling public is maintained. During maintenance functions, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the maintenance area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform FM# Original Draft:4/18/2018 Page 7 of 30 Revised: 09/13/2018 Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S Standard Specifications for Road and Bridge construction, current edition, and the DEPARTMENT'S Roadway and Traffic Design Standards, current edition, and as those sources may be amended from time to time. iv) If at any time after the LOCAL GOVERNMENT has assumed the landscaping installation or maintenance responsibility above- mentioned, it shall come to the attention of the DEPARTMENT that the Project, as will be designed by the LOCAL GOVERNMENT, or a part thereof is not properly installed or maintained pursuant to the terms of this Agreement, the District Secretary or his/her designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof. Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may terminate the Agreement, in which case the LOCAL GOVERNMENT shall at its own expense and within sixty (60) calendar days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the Right-of-Way to its original condition. The LOCAL GOVERNMENT will own such materials it removes and the DEPARTMENT shall own any materials remaining. v) It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The LOCAL GOVERNMENT shall be given sixty FM# Original Draft:4/18/2018 Page 8 of 30 Revised:09/13/2018 (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 4. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $775,000.00 (Seven Hundred Seventy Five Thousand Dollars and No/100). The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT for services described in Exhibit "A", Scope of Services. The Method of Compensation is included in Exhibit"B" attached hereto. B. DEPARTMENT Participation: Subject to the terms and conditions set forth herein, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $775,000.00 (Seven Hundred Seventy Five Thousand Dollars and No/100) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The DEPARTMENT shall reimburse the LOCAL GOVERNMENT only for the cost of purchase of the plant materials, fertilizer, soil amendments, mulches, staking, and the cost for labor associated with the installation of the planting. Notwithstanding the fact that said work is not reimbursable, any and all additional work to be performed by the LOCAL GOVERNMENT within the limits of this Project shall be included in the LOCAL GOVERNMENT'S DEPARTMENT accepted plans and in Exhibit "A", Scope of Services. No work may be performed in the Department's Right of Way that has not specifically been approved by the Department. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT'S participation. Travel costs will not be reimbursed. i) This is a multi-year funded Agreement and is expected to be funded by multiple appropriations in the DEPARTMENT'S fiscal years 2018/2019 and 2019/2020. As of the execution date of this Agreement, only $500,000.00 (Five Hundred Thousand Dollars and No/100) of the total Agreement amount has been approved and encumbered by the DEPARTMENT. Any expenditures that are incurred by the LOCAL GOVERNMENT over and above $500,000.00 (Five Hundred Thousand Dollars and No/100) before July 1, 2019 and before additional funds in the amount of$275,000.00 (Two Hundred Seventy Five Thousand Dollars and No/100) are appropriated and encumbered are not subject to reimbursement. If appropriated by the Florida Legislature, the remainder of the funding in the amount of$275,000.00 (Two Hundred Seventy Five Thousand Dollars and No/100) will FM# Original Draft:4/18/2018 Page 9 of 30 Revised:09/13/2018 become available after July 1, 2019. After the additional funding is approved by the Legislature and is encumbered by the DEPARTMENT, proper expenditures that are incurred by the LOCAL GOVERNMENT will be subject to reimbursement up to the additional $275,000.00 (Two Hundred Seventy Five Thousand Dollar and No/100). Therefore, it is agreed that if any part of the funding is not appropriated by the Florida Legislature, the DEPARTMENT will not be obligated to reimburse the LOCAL GOVERNMENT for costs in excess of the currently established funding of $500,000.00 (Five Hundred Thousand Dollars and No/100). Funding FM#443786-1-58-01 Fiscal Year 2018/2019 $500,000.00 FM#443786-1-58-02 Fiscal Year 2019/2020 $275,000.00 Total $775,000.00 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 443786-1-58-01/02, 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 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 FM# Original Draft:4/18/2018 Page 10 of 30 Revised:09/13/2018 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 must 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. ii) The LOCAL GOVERNMENT must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. 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 FM# Original Draft:4/18/2018 Page 11 of 30 Revised:09/13/2018 than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 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 reasonable 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 all subcontractors performing work on the Project, and all other records of the 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. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE THOUSAND DOLLARS AND NO/100) and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so FM# Original Draft:4/18/2018 Page 12 of 30 Revised:09/13/2018 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." M. 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. 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 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. 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 LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature,the judicial branch, or a state agency. FM# Original Draft:4/18/2018 Page 13 of 30 Revised: 09/13/2018 D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. 6. TERMINATION AND DEFAULT A. This Agreement may be 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 the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 7. MISCELLANEOUS A. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such FM# Original Draft:4/18/2018 Page 14 of 30 Revised:09/13/2018 breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. B. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. C. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. D. PUBLIC ENTITY CRIME INFORMATION AND ANTI- DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, 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. FM# Original Draft:4/18/2018 Page 15 of 30 Revised:09/13/2018 E. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: i) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and ii) The LOCAL GOVERNMENT shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. F. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT Point of Contact: Teresa R. Hutson Program Coordinator 719 South Woodland Boulevard, M.S. 4-520 DeLand, Florida 32720-6834 PH: (386) 943-5486 teresa.hutson@dot.state.fi.us Teresa Cruz D5-Construction Special Projects Design Project Manager/MS 4-520 Construction Project Manager/MS 3-506 719 South Woodland Boulevard 719 South Woodland Boulevard DeLand, Florida 32720-6834 DeLand, Florida 32720-6834 PH: (386) 943-5405 PH: (386) 943-5364 teresa.cruz@dot.state.fl.us D5-Construction SpecialProjects@dot.state.fl.us LOCAL GOVERNMENT Virginia"Ginger" Corless,AICP, CPRP Deputy Development Services Director/CRA Administrator 150 North Lakeshore Drive Ocoee, Florida 34761 PH: (407) 905-3100 x1028 vcorless(cocoee.org FM# Original Draft:4/18/2018 Page 16 of 30 Revised: 09/13/2018 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 2018, and the DEPARTMENT has executed this Agreement this day of , 2018. STATE OF FLORIDA CITY OF OCOEE DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Loreen Bobo,P.E. Title: Title: Director of Transportation Development As approved by the Board on: Attest: Attest: Executive Secretary Legal Review: Legal Review: Local Government Attorney Authorization Received from the Office of the Comptroller as to Availability of Funds: FM# Original Draft:4/18/2018 Page 17 of 30 Revised:09/13/2018 Exhibit "A" SCOPE OF SERVICES Financial Management Number: 443786-1-58-01/02 Project Description and Limits of Construction: The LOCAL GOVERNMENT shall cause to be installed landscaping and other improvements within the Right of Way of the Medians on State Road 50 (West Colonial Drive) between State Road 429 and Good Homes Road (Section 75050000: Milepost 6.075 to Milepost 9.338). The LOCAL GOVERNMENT will also be responsible for construction engineering and inspection. The landscaping design shall meet the DEPARTMENT'S criteria for Florida Department of Transportation District Five Landscape Initiative Requirements with more emphasis on more large trees and fewer shrubs to increase "curb appeal". Shrubs can be used when and where they are part of the best design solution. Any and all other work to be performed within the Department's Right of Way as a part of this Project shall be reflected on Design Plans for the Project. In no instance may improvements be installed or constructed within Department Right of Way unless and until Design Plans have been reviewed and accepted and a Notice to Proceed has been issued by the DEPARTMENT. If the LOCAL GOVERNMENT will be doing any form of lane closure during the construction of this Project, a Lane Closure Analysis (LCA) will need to be submitted with the Design Plans for review by the DEPARTMENT. Deliverables: The LOCAL GOVERNMENT shall construct and complete the Project in accordance with the approved plans, the Special Provisions set forth in this Agreement (Exhibit "E" hereto), and the Standard Specifications for Road and Bridge Construction, current edition, and as amended from time to time. The DEPARTMENT shall reimburse the LOCAL GOVERNMENT only for the cost of purchase of the plant materials, fertilizer, soil amendments, mulches, staking, and the cost for labor associated with the installation of the planting. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT'S participation. • The Local Government will be responsible to prepare all planting areas by removing sod, adding soil amendments and adjusting grade for proper planting as specified in the plans when accepted by the DEPARTMENT. • The Local Government will purchase all trees, palms, and plants for the project and will install them to the specifications shown in the accepted Landscape Plans when accepted by the DEPARTMENT. • The Local Government will be responsible for fertilizing all trees,palms, and plants. FM# Original Draft:4/18/2018 Page 18 of 30 Revised:09/13/2018 • The Local Government will purchase, supply and spread organic Mulch on all new plant beds. • The Local Government will be responsible for staking of all trees planted. • The Local Government will furnish water to all trees, palms, and plants for the described maintenance period called for in the Landscape Plan specifications. • The Local Government will be responsible for the growth of all plants for the establishment period called for in the Landscape Plan specifications. • The Local Government will establish proper Maintenance of Traffic, as needed. • All work on the Project shall be undertaken and completed in accord with the Terms & Conditions set forth in Exhibit"D". Any proposed additional work to be performed by the LOCAL GOVERNMENT within the limits of this Project, and not reimbursable under this Agreement, shall be included in the LOCAL GOVERNMENT'S DEPARTMENT accepted plans and in Exhibit "A", Scope of Services. The parties hereto acknowledge and agree that the design plans for this Project are not yet complete and are subject to review by the DEPARTMENT. Upon final acceptance by the DEPARTMENT, this Agreement shall be amended to include said plans in the Agreement. The parties further agree that the plans will be incorporated into the terms of this Agreement by reference and that the City hereby approves and delegates to Ocoee City Manager or designee by written delegation from the City Manager, the authority to enter into an amendment of this Agreement to accomplish said task. No further Board or Council action shall be required to amend this Agreement for the sole purpose of incorporating the plans. The LOCAL GOVERNMENT shall not advertise for bids until the DEPARTMENT issues the Notice to Proceed. No work shall be undertaken on the Project until a written Notice to Proceed has been issued by the DEPARTMENT. FM# Original Draft:4/18/2018 Page 19 of 30 Revised: 09/13/2018 Exhibit "B" METHOD OF COMPENSATION Financial Management Number: 443786-1-58-01/02 For satisfactory completion of all services related to the purchase of the plant materials, fertilizer, soil amendments, mulches, staking, and the cost for labor associated with the installation of the planting detailed in Exhibit"A" (Scope of Services) of this Agreement, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to exceed $775,000.00 (Seven Hundred Seventy Five Thousand Dollars and No/100) for actual costs incurred. This is a multi-year funded Agreement and is expected to be funded by multiple appropriations in the DEPARTMENT'S fiscal years 2018/2019 and 2019/2020. As of the execution date of this Agreement, only $500,000.00 (Five Hundred Thousand Dollars and No/100) of the total Agreement amount has been approved and encumbered by the DEPARTMENT. If appropriated by the Florida Legislature, the remainder of the funding in the amount of $275,000.00 (Two Hundred Seventy Five Thousand Dollars and No/100) will not become available until after July 1, 2019. Any expenditures that are incurred by the LOCAL GOVERNMENT over and above $500,000.00 (Five Hundred Thousand Dollars and No/100)both before July 1,2019, and when the funds are appropriated, are not subject to reimbursement. Therefore, it is agreed that if any part of the funding is not appropriated by the Florida Legislature, the DEPARTMENT will not be obligated to reimburse the LOCAL GOVERNMENT for costs in excess of the currently established funding of$500,000.00 (Five Hundred Thousand Dollars and No/100). Funding FM#443786-1-58-01 Fiscal Year 2018/2019 $500,000.00 FM#443786-1-58-02 Fiscal Year 2019/2020 $275,000.00 Total $775,000.00 FM# Original Draft:4/18/2018 Page 20 of 30 Revised:09/13/2018 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# Original Draft:4/18/2018 Page 21 of 30 Revised: 09/13/2018 Exhibit "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 443786-1-58-01/02 Advertises for bids December 13, 2018 Bids Construction (bid opening) January 17, 2019 Select Construction Firm (BCC approval) March 5, 2019 Give NTP March 18, 2019 Earliest Construction Start April 1, 2019 Latest Construction Finish April 1, 2020 Construction Contract Closeout May 1, 2020 Final Invoice and Closeout Documentation to the Department June 1, 2020 FM# Original Draft:4/18/2018 Page 22 of 30 Revised:09/13/2018 Exhibit "D" TERMS & CONDITIONS OF CONSTRUCTION Financial Management Number: 443786-1-58-01/02 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter DEPARTMENT right-of-way to perform all activities necessary for the construction of the Project (as described more fully in Exhibit "A"). The Project shall be constructed in accordance with construction plans and specifications to be 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 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 FM# Original Draft:4/18/2018 Page 23 of 30 Revised: 09/13/2018 and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 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 hire a DEPARTMENT Pre-qualified Landscape Contractor or the LOCAL GOVERNMENT may hire an experienced qualified contractor that has specific expertise and experience in the performance of Roadway Landscape projects. In order for the Contractor to utilize an experienced qualified contractor and to submit a bid relying on an experienced qualified contractor, the following requirements must be provided to the DEPARTMENT by the LOCAL GOVERNMENT: (a) The Experience form (FDOT form number 850-070-09) must be filled out and submitted with the bid to the LOCAL GOVERNMENT. The form must be signed by the Owner or an Officer of the Company and dated and must reflect the following experience and credentials. (1) At least five (5) complete years of experience in the performance of Roadway Landscape projects or the company Superintendent must have at least five (5)years of like experience as a Superintendent. (2) The contractor must also provide independent written endorsements from two (2) separate Florida Registered Landscape Architects on company letterhead. These endorsements shall attest to the Florida Registered Landscape Architect's support of the contractor's skills, efficiency, and competence. Each Florida Registered Landscape Architect shall sign the endorsement, provide their license number, and include the following: (i) Project name with a brief description that evaluates the landscape work performance. (ii) Location of the project(city, state). (iii)Professional substantiation of the contractor's skills, efficiency, and competence. (3) FDOT Prequalification in Landscaping can be substituted for the required work experience. 8. The LOCAL GOVERNMENT shall hire a DEPARTMENT Pre-qualified 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 Standard Specifications for Road and Bridge Construction, current edition, and as amended from time to time. The DEPARTMENT shall have the right, but FM# Original Draft:4/18/2018 Page 24 of 30 Revised:09/13/2018 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 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 DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 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. 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 DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT. 15. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT shall furnish a set of "as-built" plans prepared in accordance with the FM# Original Draft:4/18/2018 Page 25 of 30 Revised: 09/13/2018 FDOT Construction Project Administration Manual, Chapter 5.12 (FDOT Procedure #700- 000-00). 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, current edition, and as amended from time to time, 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 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 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. 19. The Special Provisions set forth in Exhibit "E" hereto shall apply to this Agreement and to all work on the Project. FM# Original Draft:4/18/2018 Page 26 of 30 Revised: 09/13/2018 Exhibit "E" SPECIAL PROVISIONS Financial Management Number: 443786-1-58-01/02 Subletting or Assignment of Contracts: The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the LOCAL GOVERNMENT. If the Contractor chooses to sublet any portion of the Contract, the Contractor must provide a written request to sublet work on the Certification of Sublet Work form developed by the DEPARTMENT for this purpose. With the Engineer's acceptance of the request, the Contractor may sublet a portion of the work. The Certification of Sublet Work request will be deemed acceptable by the LOCAL GOVERNMENT for purposes of the LOCAL GOVERNMENT's consent, unless the Engineer notifies the Contractor within 5 business days of receipt of the Certification of Sublet Work that the LOCAL GOVERNMENT is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products, and their transportation to the project site. For the purpose of meeting this requirement the LOCAL GOVERNMENT will not consider off-site commercial production of materials and manufactured component products that the Contractor purchases, or their transportation to the project, as subcontracted work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. Upon request, furnish the LOCAL GOVERNMENT with a copy of the subcontract. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract. The LOCAL GOVERNMENT recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee. Illicit Discharge Training All persons employed by the Contractor or Subcontractors working within the DEPARTMENT'S FDOT right-of-way must have Tier 1 Illicit Discharge Detection and Elimination (IDDE) training. The computer based training is provided by video on the following web page: http://www.dot.state.fl.us/emo/sched/train1.shtm. Provide a list of persons trained prior to submittal of the first invoice. Provide an updated list of new Contractor/Subcontractor employees annually thereafter. Landscaping Provisions (Section 580) 580-1 Description. Install landscaping as indicated in the Contract Documents. 580-2 Materials. FM# Original Draft:4/18/2018 Page 27 of 30 Revised: 09/13/2018 580-2.1 Plants: 580-2.1.1 Sizes: Small plants includes all ground covers, shrubs less than 7 gallon,trees less than 7 gallon, clustering type palms less than 6 foot overall height, cycads t less than 7 gallon, and incidental landscaping. Large plants include shrubs 7 gallon or greater,trees 7 gallon or greater, all single trunk palms, and clustering type palms 6 foot overall height and greater. 580-2.1.2 Grade Standards and Conformity with Type and Species: Provide plant materials purchased from Florida commercial nursery stock that comply with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants." Florida commercial nursery stock is defined as plants propagated or grown at a Florida commercial nursery or imported to a Florida commercial nursery, made available for sale to the public, and included as inventory for fee.Nursery stock purchased from outside Florida and shipped directly to the project site is not Florida commercial nursery stock. Prior to installation,provide nursery invoices or delivery tickets that include written certification that all nursery stock meets the requirements of this Section. Unless otherwise specified,the minimum grade for plant material is Florida No. 1. Plant materials must be the specified size and grade at the time of delivery to the site. Use only plants that are true to type and species, free of fungal infection and disease, and ensure that the plants not specifically covered by Florida Department of Agriculture's "Grades and Standards for Nursery Plants"conform in type and species with the standards and designations in general acceptance by Florida nurseries. Submit a list of nurseries where plants are tagged, including contact information and location. The Engineer may visit the nursery sites to inspect representative samples and lock tag the example plant material. A minimum of two plants of each species on each shipment must be shipped with tags stating the botanical nomenclature and common name of the plant. Should discrepancies between botanical nomenclature and common name arise,the botanical name will take precedence. 580-2.2 Inspection and Transporting: Move nursery stock in accordance with all Federal, State, and Local Rules and Regulations. For each shipment of nursery stock, provide the nursery's General Nursery Stock Inspection Certificate with as required in Chapter 5B-2, F.A.C. 580-2.3 Water: Meet the requirements of Section 983. 580-2.4 Mulch: Use of cypress mulch is prohibited. 580-2.5 Soil: Remove all unsuitable soil and debris to root ball depth. Replace soil meeting the requirements of 987-2.4. 580-3 Worksite Landscape Supervisor. Provide a Worksite Landscape Supervisor to directly oversee all landscape installation. The Worksite Landscape Supervisor must be a Certified Landscape Technician or Certified Landscape Contractor in accordance with the Florida Nursery Growers and Landscape Association(FNGLA) located at the following URL address: http://www.fngla.org/professional-development/certifications/certification-verification, or a State of Florida Registered Landscape Architect. Provide verification at the preconstruction meeting. FM# Original Draft:4/18/2018 Page 28 of 30 Revised: 09/13/2018 580-4 Installation. 580-4.1 Installation Plan: At the preconstruction meeting, provide an installation plan for review and comment. Specifically describe the methods, activities, materials, and schedule to achieve installation as described in this Section. 580-4.2 Delivery: All materials must be available for inspection before installation. 580-4.3 Layout: The locations of plants as shown in the Contract Documents are approximate. At no cost to the Department, adjust final locations when directed by the Engineer to accommodate unforeseen field conditions or to comply with safety setbacks and requirements. Mark proposed mowing limits,planting beds and individual locations of trees and palms as shown in the Contract Documents for the Engineer's review, prior to excavation or planting. Make no changes to the layout, or any variations of materials from the Contract Documents without the Engineer's approval. 580-4.4 Soil Drainage: Planting holes and beds must drain sufficiently.Notify the Engineer of drainage or percolation problems before plant installation. 580-4.5 Installation: Meet the requirements of the Contract Documents. 580-4.6 Maintenance: Maintain plant material to the equivalent visible structural, quality and health characteristics of Florida No. 1. 580-4.7 Site Repair and Restoration: Repair and restore existing areas disturbed by installation or maintenance activities. Where new turf is required to restore and repair disturbed areas, meet the requirements of Section 570. 580-4.8 Disposal of Surplus Materials and Debris: Remove from the jobsite any surplus material unless otherwise directed by the Engineer. Surplus is defined as material not needed after installation of landscaping per Contract Documents. Upon commencement of landscaping installation, remove daily all debris from the landscape locations described in the Contract Documents. 580-5 Method of Measurement. The quantities to be paid for will be the items shown in the Contract Documents, completed and accepted. 580-6 Basis of Payment. Price and payment will be full compensation for all work and materials specified in this Section. FM# Original Draft:4/18/2018 Page 29 of 30 Revised:09/13/2018 Exhibit "F" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF OCOEE PROJECT DESCRIPTION: Landscaping Improvements in the Medians on State Road 50 (West Colonial Drive) between State Road 429 and Good Homes Road. FINANCIAL MANAGEMENT ID#443786-1-58-01/02 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Registered Landscape Architect has been completed in substantial compliance with the Project construction plans and specifications. If any deviations have been made from the 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. By: , P.E. SEAL: Name: Date: FM# Original Draft:4/18/2018 Page 30 of 30 Revised:09/13/2018 Exhibit "G" RESOLUTION Financial Management Number: 443786-1-58-01/02 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION THE JOINT PARTICIPATION AGREEMENT FOR THE LANDSCAPING IMPROVEMENTS IN THE MEDIANS ON STATE ROAD 50 (WEST COLONIAL DRIVE) BETWEEN STATE ROAD 429 AND GOOD HOMES ROAD, FINANCIAL PROJECT NUMBER (FPN) 443786-1-58- 01/02. WHEREAS,the State of Florida Department of Transportation and the City of Ocoee desire to facilitate the"Landscaping Improvements in the Medians on State Road 50(West Colonial Drive) between State Road 429 and Good Homes Road", said Project being known as Financial Project Number(FPN) 443786-1-58-01/02, and, WHEREAS, the State of Florida Department of Transportation has requested the City of Ocoee to execute and deliver to the State of Florida Department of Transportation the Joint Participation Agreement for the aforementioned project, FPN 443786-1-58-01/02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statues. SECTION 2. The City Commission of the City of Ocoee,Florida,on behalf of the City of Ocoee, herby accepts the provisions outlined in the Joint Participation Agreement for FPN Page 1 of 2 443786-1-58-01/02 with the Florida Department of Transportation (FDOT) and authorizes the Honorable Mayor to sign this Resolution,as well as the Joint Participation Agreement,and deliver it to the State of Florida Department of Transportation. This Resolution will become"Exhibit G"of the attached Joint Participation Agreement,for the aforementioned project,FPN 443786-1-58-01/02. SECTION 3. Severability.If any section,subsection,sentence,clause,phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereto. SECTION 4. Effective Date.This Resolution shall become effective upon passage and adoption. PASSED AND ADOPTED this day of , 2018. CITY OF OCOEE, a Florida municipal corporation By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2018, UNDER LEGALITY this_day of , 2018. AGENDA ITEM NO. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney Page 2 of 2