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.
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5� C stal Gibson, City Clerk
5:
5:
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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,
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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
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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
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RESOLUTION NO. 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 .
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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