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R20-044 `1 RESOLUTION NO. R20-044 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE LOCALLY FUNDED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF A COMPLETE STREET AND VISION ZERO PROJECT OF BOYNTON BEACH BOULEVARD BETWEEN NW 4TH STREET AND FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on June 18,2019 the City Commission authorized the Florida Department of Transportation to proceed with the design, construction, and administration of the Boynton Beach Boulevard Complete Streets project,between NW 4th Street and Federal Highway; and WHEREAS,FDOT is now requesting the City enter into a Locally Funded Agreement and transmit payment for the City's portion of the design cost in the amount of $205,000.00; • and WHEREAS, the design will help connect neighborhoods with Town Square, schools, retail services, marina,parks and offices. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF • THE CITY OF BOYNTON BEACH,FLORIDA,THAT: .•. Section 1. The foregoing '-'Whereas" clauses are hereby ratified and confirmed as . being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. . Section 2. The City Commission authorizes the Mayor to sign the Locally Funded : Agreement between the City of Boynton Beach and Florida Department of Transportation for • the design of a complete street and vision zero project of Boynton Beach Boulevard from NW • 4th Street to Federal Highway. A copy of the Locally Funded Agreement is attached hereto and • made a part hereof as Exhibit"A". Section 3. This Resolution will become effective immediately upon passage. 1 SACA\RESO\Agreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx 1411 3►• PASSED AND ADOPTED this al day of.j is , 2020. 3 c' 31 CITY OF BOYNTON BEACH, FLORIDA 3: 3: YES NO 3 3: Mayor—Steven B. Grant 3: A I Vice Mayor—Ty Penserga 4', 4r. Commissioner—Justin Katz ✓ 4a 4: Commissioner—Woodrow L. Hay . a/Commissioner—Christina L. Romelus .G A VOTE S-D it ATTEST: 5. 5M 4 5� C stal Gibson, City Clerk 5: 5: 5 5: (Corporate Seal) Jo" Yf p ,�• 4' co ` i 0 A t' t { .. • 2 S:\CA\RESO\Agreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx DocuSign Envelope ID:6FC3921 A-3214-469B-AB80-4376514A625A FM No 444079-1-32-01 FEID No VF-596-000-282 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this 10th day of June 20 20 . by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT. and City of Boynton Beach located at 3301 Quantum Blvd., Suite# 101, Boynton Beach, Florida 33425, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS. the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT provide additional financial assistance to the DEPARTMENT for the continued development (design) of a full set of signed and sealed roadway construction plans for the DEPARTMENT's complete street improvements at various locations along Boynton Beach Blvd. from NW 4th Street and US-1/Federal Highway in Palm Beach County, Florida. (Financial Management (FM) Number 444079-1-32-01,. Funded in Fiscal Year 2020/2021) as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to the Project; and WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution No. R20-044 dated the 2nd day of June 20 20 , a copy of which is attached hereto and made a part hereof, authorizes the Mayor, Vice-Mayor, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. Page 1 DocuSign Envelope ID:6FC3921 A-3214-469B-AB80-4376514A625A 5. The total cost for the Project is estimated to be EIGHT HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO CENTS ($836,530.00). The PARTICIPANT's share of the Project is an estimated amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds provided, the difference will be refunded to the PARTICIPANT. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. (A) The PARTICIPANT agrees that it will, within thirty days of the execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the DEPARTMENT's Work Program. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Number 444079-1- 32-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 444079-1-32-01. Payment shall be mailed to: Florida Department of Transportation Program Management Unit -Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may also submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account#4834783896 ABA# 121000248 Chief Financial Officer of Florida Re: DOT— K 11-78, Financial project#444079-1-32-01 In order for FDOT to receive credit for the funds due to the Department, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Once the wire transfer is complete, please contact Kenneth Ward at 850-414-4886. Page 2 DocuSign Envelope ID:6FC3921A-3214-469B-AB80-4376514A625A (B) If the Project costs are in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent that Project costs are in excess of the advanced deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT's Project Manager indicating the date the deposit will be made and the DEPARTMENT's written consent to the payment of the additional deposit on said date. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs at the PARTICIPANT's expense may be incurred due to delay of the Project. In the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the Department's Work Program. (C) Should Project modifications occur that increase the PARTICIPANT's payment for the Project costs, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will exceed the deposit amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. In the event the PARTICIPANT fails to make the additional payment within the time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves the right to terminate this Agreement. (D) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant, not when the design work is complete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, the excess funding will be refunded to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. Page 3 DocuSign Envelope ID:6FC3921 A-3214-469B-AB80-4376514A625A (E) In the event the final accounting of total Project costs indicate that the Project costs are greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project(FM#444079- 1-32-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. The PARTICIPANT/Vendor/Contractor: (A) 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 PARTICIPANT / Vendor/ Contractor during the term of the contract; and (B) shall expressly require any 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 subcontractor during the contract term. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, Page 4 DocuSign Envelope ID:6FC3921 A-3214-469B-AB80-4376514A625A and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Any or all notices(except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Binod Basnet A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Boynton Beach 3301 Quantum Blvd., Suite#101 Boynton Beach, Florida 33426 Attn: Gary Dunmyer, M.B.A., P.E., City Engineer With a copy to: City Attorney The remainder of this page left intentionally blank Page 5 DocuSign Envelope ID:6FC3921A-3214-469B-AB80-4376514A625A IN WITNESS WHEREOF,the PARTICIPANT has caused this Agreement to be executed in its behalf, by the Chairman/Councilmen of the CITY OF BOYNTON BEACH or its designee, as authorized by Resolution No. /\ C `/ and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its Director of Transportation Development or authorized designee: STATE OF FLORIDA CITY OF BOYNTON BEACH DEPARTMENT OF TRANSPORTATION DocuSigned by: BY: Q BY: lsltvtAAMINA. OorD»AOnCCACC NAME: n ,L11/�errie eC STEVEN C. BRAUN, P.E. TITLE: (;,'1 /1'1gncQ,,� DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: APPROVED: (AS TO FORM) r DocuSigned by: 'Mow oo et BY: CITY CjRK (SEAL) OFFICE OF THE GENERAL COUNSEL 7. APPROVE[;: APPROVED: , o . G 11, DocuSigned by: /`e (o 4 . (,t,SUit, 0041, tit BY: gladioli" BY: C00004Dt C3113'tf.. CITY A ORNEY DISTRICT PROGRAM MGMT. ADMINISTRATOR Page 6 f ' DocuSign Envelope ID:6FC3921 A-3214-469B-AB80-4376514A625A EXHIBIT "A" SCOPE OF WORK FM# 444079-1-32-01 The project consists of Complete Streets improvements along Boynton Beach Blvd, between NW 4'h Street and US-1/Federal Highway. The proposed improvements consist of lanes width reduction, the expansion of the existing sidewalk on the south side of Boynton Beach Blvd to a 15' shared use path and to a 9' sidewalk on the north side, the addition of pedestrian lighting, and the installation of one pedestrian crossing. Enhanced connectivity to the intracoastal waterway and City Marina is proposed by adding shared lane markings (sharrows) and signage will be added on SW 3rd Street from Ocean Ave to Boynton Blvd. and on Ocean Ave between SW 3rd Street and US 1. Page 7 .44, I U ' LU --) 0 . . . . . •.4 - CL_ ....„ ...,4,:„...,,.,. _ . . , ... . .. 'I 4:- x.t., „„ .. _ '' • I II -...r :,..--f ..i • _.-... ,_ _Jr , um • . .0": ti;I . --..• . - , ,.. .... -- ..... at ...,,..c,, ,..... 2,4 ; • Ai ob. , 71.. N or 1 la ill • . . . , • . .._ I 2 •. I 4' -t ill, ; ; • •• - 1,114 .41' di CF- .. . ,,,,.rE .„ : 1 v - t.-."-r, ...L - bAr- - ,it ' ''.• 'I 00 winraier„ ' 1 -' r-- A Is:. "..."' .*;'.," I• '")11PlrY ers•,, ..:,.:1 i .• --r- ...._ . ,...coozwilMOVi:V.71V".: - ,, ... • , •!,.,-. CZ) - ' 't—orlit__titan.V,61111-81""vst..."' ___.. _..461.10.4......,,,,.' .,,:.. . ,r.'7,,,e-.... N.7111..„,_7LE.13'7O-ylitblpiiaeli:tvd'- . t la I "Z .-.. i 1 1 - -""r - (77-e. ---- . ' ' ;NA • . 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R20-044 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE LOCALLY FUNDED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN 6 OF A COMPLETE STREET AND VISION ZERO PROJECT OF BOYNTON BEACH BOULEVARD BETWEEN NW 4TH STREET AND 5 FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS,on June 18,2019 the City Commission authorized the Florida Department 10 of Transportation to proceed with the design, construction, and administration of the Boynton 1: Beach Boulevard Complete Streets project,between NW 4th Street and Federal Highway;and 1; 12 WHEREAS,FDOT is now requesting the City enter into a Locally Funded Agreement V and transmit payment for the City's portion of the design cost in the amount of $205,000.00; 15. and 16 1; WHEREAS, the design will help connect neighborhoods with Town Square, schools, lE retail services,marina,parks and offices. 15 2C NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: • 21 Section 1., The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. Z5, Section 2. The City Commission authorizes the Mayor to sign the Locally Funded Agreement between the City of Boynton Beach and Florida Department of Transportation for Z; the design of a complete street and vision zero project of Boynton Beach Boulevard from NW 2 4th Street to Federal Highway. A copy of the Locally Funded Agreement is attached hereto and 2' made a part hereof as Exhibit"A". • Section 3. This Resolution will become effective immediately upon passage. 1 SACA\RESOWgreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx DocuSign Envelope ID:6FC3921A-3214-4698-AB80-4376514A625A 3"a PASSED AND ADOPTED this )'day of Ttin-e , 2020. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 33 YES NO 37 33 Mayor—Steven B. Grant 33 4� Vice Mayor—Ty Penserga ✓ 41 42 Commissioner—Justin Katz ✓ 43 44 Commissioner— Woodrow L. Hay 45 443 Commissioner—Christina L. Romelus 4,7 43 VOTE S—D 43 ATTEST: 5►7 52 511 �/` 5� C stal Gibson, City Clerk 541 5, • (Corporate Seal) • 1T.Y#0.^ ! � e . ' r ), C/ „ rZ e• • 2 S:\CA\RESO\Agreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx 0 — ccA C\ FDDT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard KEVIN J.THIBAULT,P.E. GOVERNOR Fort Lauderdale,FL 33309 SECRETARY June 11, 2020 Mr. Gary Dunmyer, PE City of Boynton Beach 3301 Quantum Blvd., Suite #101 Boynton Beach, Florida 33426 RE: Locally Funded Agreement (LFA) FM: 444079-1-32-01 Description: Development (design) of a full set of signed and sealed roadway construction plans for the DEPARTMENT's complete street improvements at various locations along Boynton Beach Blvd. from NW 4th Street and US-1/Federal Highway Dear Mr. Dunmyer: Enclosed please find a copy of a fully executed LFA for the above referenced project. Said documents are to be retained for your records. If you have any questions, please do not hesitate to contact me. I can be reached at (954) 777- 2285. Sincerely, d_Gska- g". e_A•A•Aztva, Leos A. Kennedy, Jr. Program Management Unit District Four LK/s Enclosure: LF Agreement, Copy: Binod Basnet, FDOT Project Manager Work Program File Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov