R22-089 1 RESOLUTION NO. R22 -089
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT'S)
6 LOCAL FUNDED AGREEMENT, THREE PARTY ESCROW
7 AGREEMENT, AND FDOT HIGHWAY MAINTENANCE
8 MEMORANDUM OF AGREEMENT; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, in 2018, the Boynton Beach Community Redevelopment Agency (CRA)
12 was awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant
13 to redevelop Boynton Beach Blvd (between NW 4th Street and US 1/Federal Highway) into a
14 Complete Street; and
15 WHEREAS, in June 2019, the City Commission authorized the Florida Department of
16 Transportation to proceed with the design, construction, and administration of the Boynton
17 Beach Boulevard Complete Streets Project, between NW 3rd Street and Federal Highway (US
18 1); and
19 WHEREAS, in June 2020, the City Commission approved a Locally Funded Agreement
20 (LFA) and for the payment of the City's portion of the design cost; and
21 WHEREAS, the construction, and the City's portion of construction funding
22 ($1,105,383) which will be reimbursed by the CRA, is scheduled for 2023; and
23 WHEREAS, prior to construction the FDOT requires the following agreements signed:
24 State of Florida Department of Transportation Locally Funded Agreement, Three Party Escrow
25 Agreement and District Four Highway Maintenance Memorandum of Agreement.
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
27 recommendation of staff, deems it to be in the best interests of the City residents to approve
28 and authorize the Mayor to sign the Florida Department of Transportation's (FDOT's) Local
29 Funded Agreement, Three Party Escrow Agreement, and FDOT Highway Maintenance
30 Memorandum of Agreement.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA, THAT:
1
S:\CA\RESO\Boynton Beach Blvd FDOT Agreements-Reso.Docx
33 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
34 ratified and confirmed by the City Commission
35 Section 2. That the City Commission of the City of Boynton Beach does hereby
36 approve and authorize the Mayor to sign the Florida Department of Transportation's
37 (FDOT's) Local Funded Agreement, Three Party Escrow Agreement, and FDOT Highway
38 Maintenance Memorandum of Agreement, copies of which are attached hereto and
39 incorporated herein as Exhibits A through C.
40 Section 3. That this Resolution will become effective immediately upon passage.
�th
41 PASSED AND ADOPTED this day of 2022.
42
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45
46 Mayor—Ty Penserga
47
48 Vice Mayor—Angela Cruz ✓
49 V
50 Commissioner -Woodrow L. Hay
51
52 Commissioner-Thomas Turkin
53
/
54 Commissioner—Aimee Kelley
55
56 .-----
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57 VOTE . �'
58 ATTEST: -,JN ON t, �
59 7;0 .... �N
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60 IP iO v° �' yI
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62 Moyle, D- J-sus, M i ; c.)* p0 •
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63 City er l9hl '
64 +II .....•S %
66 (Corporate Seal)
67
2 1
S:\CA\RESO\Boynton Beach Blvd FDOT Agreements-Reso.Docx
DocuSign Envelope ID: BFCF09C7-1D4B-415F-B52E-1664D5C12007
FM No: 444079-1-52-01
FEID No:VF-596-000-282
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement ("Agreement"), entered into this 12th day of July
20 22 , by and between the State of Florida Department of Transportation hereinafter called the
DEPARTMENT, and City of Boynton Beach located at 100 E. Ocean Avenue, Boynton Beach, Florida
33435, 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 construction work related to the
DEPARTMENT's complete street improvements at various locations along Boynton Beach Blvd. from
NW 3rd Street and US-1/Federal Highway in Palm Beach County, Florida. (Financial Management
(FM) Number 444079-1-52-01, Funded in Fiscal Year 2023/2024); and
WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following
additional work: Removal of bike lanes, construction (installation) of sidewalk on north and south side
of roadway, construct (install) new drainage inlets, installation of pedestrian signals, construct
hardscape/decorative sidewalk, and installation of tree grates (Financial Management (FM) number
444079-1-52-01, Funded in Fiscal Year 2023/2024) as set forth in Exhibit A attached hereto and
made a part hereof and hereinafter referred to as 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
44)
WHEREAS, the PARTICIPANT by Resolution No. OK/ dated the S
day of )L� 20).2 , a copy of which is attached hereto and made a part hereof,
authorizes the Mayr, 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.
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
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.
5. The total cost of the Department's construction work and the Project is estimated to be FIVE
MILLION ONE HUNDRED FIVE THOUSAND THREE HUNDRED EIGHTY-THREE
DOLLARS AND NO CENTS ($5,105,383.00). The PARTICIPANT's share of the Project is
an estimated amount of ONE MILLION ONE HUNDRED FIVE THOUSAND THREE
HUNDRED EIGHTY-THREE DOLLARS AND NO CENTS ($1,105,383.00), which sum shall
be paid to the DEPARTMENT.
The difference between the total cost of the actual bid minus the DEPARTMENT's share is
hereinafter defined as the "Total Project Cost". In the event the Total Project Cost is less
than the funds provided, the difference will be refunded to the PARTICIPANT. In the event
the Total Project Cost, 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 ONE MILLION
ONE HUNDRED FIVE THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS
AND NO CENTS ($1,105,383.00) 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-
52-01. The DEPARTMENT shall utilize this amount towards costs of Project No.
444079-1-52-01.
Payment shall be mailed to:
Florida Department of Transportation
Office of Comptroller
General Accounting Office, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may also
submit the payment for the Project via wire transfer.
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
Wire transfer/Payments are to be made to:
Wells Fargo Bank, N.A.
Account#4834783896
ABA# 121000248
State of Florida Department of Financial Services
Bureau of Collateral Management
Re: DOT— K 11-78, Financial project#444079-1-52-01
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 Tia Parnell at 850-414-4886. In
addition to calling Ms. Parnell, the PARTICIPANT will send an email notification to Leos
Kennedy at leos.kennedy(a�dot.state.fl.us stating the day and time the wire transfer was
sent.
(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) If the PARTICIPANT's payment for the accepted bid amount plus allowances is less
than the advance deposit amount, the DEPARTMENT will refund the amount that the
advance deposit exceeds the PARTICIPANT 's payment for the accepted bid amount
plus allowances if such refund is requested by the PARTICIPANT in writing. If the
PARTICIPANT's payment for the accepted bid amount plus allowances is less than the
advance deposit amount, the DEPARTMENT will refund the amount that the advance
deposit exceeds the PARTICIPANT 's payment for the accepted bid amount plus
allowances if such refund is requested by the PARTICIPANT in writing.
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
(D) 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.
(E) 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.
(F) 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.
(G) Upon receipt of payment, from the PARTICIPANT to the DEPARTMENT, the
DEPARTMENT will then forward the PARTICIPANT's payment to the Department of
Financial Services, Division of Treasury for deposit as provided in the Three Party
Escrow Agreement (3PEA) between the PARTICIPANT, the DEPARTMENT and the
State of Florida, Department of Financial Services, Division of Treasury, a copy of which
is attached hereto and made a part hereof as Exhibit B.
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
6. Upon completion of the Project, the PARTICIPANT will comply with the provisions set
forth in Highway Maintenance Memorandum of Agreement (HMMOA) which is attached
hereto and made a part hereof as Exhibit C. The PARTICIPANT shall agree to maintain
the Project in accordance with the terms of the Exhibit C. The terms of this paragraph shall
survive the termination of this Agreement.
7. 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.
8. 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.
9. 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-
1-52-01) is completed as evidenced by the written acceptance of the DEPARTMENT.
10. 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.
11. 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.
12. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
13. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
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.
14. 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: Leslie Wetherell
A second copy to: Office of the General Counsel
If to the PARTICIPANT:
City of Boynton Beach
100 E. Ocean Ave
Boynton Beach, Florida 33435
Attn: Gary Dunmyer, M.B.A., P.E., City Engineer
With a copy to: City Attorney
The remainder of this page is blank.
Page 6
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
FM No: 444079-1-52-01
FEID No:VF-596-000-282
IN WITNESS WHEREOF,the PARTICIPANT has caused this Agreement to be executed in its behalf,
by the Chairman/C uncilman of the CITY OF BOYNTON BEACH or its designee, as authorized by
Resolution No. kZ7)-"Do , 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
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Doc by:
BY: ' BY: NW. 7/11/2022 1 4:53 PM EDT
DJ 88A4co42E840E...
NAME: • 'I e► Am a-- STEVEN C. BRAUN, P.E.
•
TITLE: aL • DIRECTOR OF TRANSPORTATION DEVELOPMENT
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ATTEST: v ��-�5” S APPROVED: (AS TO FORM)
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i DocuSigned by:
BY. � 1.0 ,' BY:
FIrarti utAt, Sft,t,(AtUA,
CITY CLER '6u6/FRAC
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(SEAL OFFICE OF THE GENERAL COUNSEL
APPROVED: APPROVED:
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DocuSigned by:
41,
BY: BY: 7cE:,Y988DCoC4r7..
CITY ATTORNEY DISTRICT PROGRAM MGMT. ADMINISTRATOR
Page 7
FM No: 4440794-52-01
FEID No:VF-596-000-282
Exhibit A
Scope of Services
FM# 444079-1-52-01
SR-804/Boynton Beach Blvd from NW 3rd St to US-1
The project consists of Complete streets improvements along with reconstruction SR-804/Boynton Beach
Blvd as part of the DEPARTMENT's complete streets initiative. The DEPARMENT will construct the
following to include, but not limited to:
• Relocation of the curb and gutter to accommodate
o Lane width reduction
o Removal of bike lanes
o 15' sidewalk on south side of roadway (with 12' continuous sidewalk)
o 9' sidewalk on north side of roadway (with 6' continuous sidewalk)
• Milling and resurfacing of roadway, includes reconstruction in some areas
• Signing and pavement markings including the addition of sharrows
• New drainage inlets connecting to existing drainage system due to the relocation of the curb and
gutter
• New pedestrian signals/push buttons installed at US-1/Seacrest intersection and on the west leg
of US-1/SR-804 intersection due to the relocation of the curb and gutter
• Impacted loops and pull boxes replaced at US-1/Seacrest intersection and on the west leg of US-
1/SR-804 intersection
• Hardscape/decorative sidewalk
• Installation of tree grates for future landscape opportunities
Also includes addition of sharrows on the following local streets:
• NW 3`d St from Ocean Ave to SR-804/Boynton Beach Blvd
• Ocean Ave from NW 3rd St to US-1
• Boynton Beach Blvd from US-1 to the marina/ intracoastal waterway
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
Exhibit B
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida, Department of
Transportation ("FDOT"), City of Boynton Beach ("Participant"), and the State of Florida, Department
of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective u Ntbe
Agreement's execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project ("Project"
Project Name: Complete streets improvements
Project#: 444079-1-52-01
County: Palm Beach County
'< )A$P<IC)C—)
WHEREAS, FDOT and Participant desire to establish an escr 'ieount for the Project.
NOW THEREFORE, in consideration of the premises a th�eovenants contained herein, the
parties agree to the following:
1. An initial deposit will be made into an erest bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened with the
Escrow Agent on behalf of FDO�upon Escrow Agent's receipt and execution of this
Agreement. �y
2. Other deposits to the esc tib:ccount may be made during the life of this Agreement.
3. Deposits will be c1:4 in accordance with instructionsrovided bythe Escrow p sc ow Agent to
the FDOT for NNsti into the escrow account. A wire transfer or ACH deposit is the
preferred m f payment and should be used whenever possible.
4. FDO ' ( Aptroller or designee shall be the sole signatory on the escrow account with the
Escr '" A gent and shall have sole authority to authorize withdrawals from the account.
WNfawals will only be made to FDOT or the Participant in accordance with the
%structions provided to the Escrow Agent by FDOT's Comptroller or designee.
Moneys in the escrow account will be invested in accordance with section 17.61, Florida
Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned
on the moneys while invested. There is no guaranteed rate of return. Investments in the
escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida
Statutes. All income of the investments shall accrue to the escrow account.
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall
remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT.
FDOT agrees to provide a copy of such written confirmation to Participant upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concer ' The
escrow account. FDOT agrees to provide a copy of such quarterly reports to pant
upon request. ��
9. The Escrow Agent shall not be liable for anyerror of judgment or for an t one or omitted
1 9 '��
by it in good faith, or for anything which it may in good faith do an
in from doing in
connection herewith.
Airr
10. Escrow Agent shall have no liability for any claim, cost, :.54, damage, or loss due to
the acts or omissions of FDOT and Participant, nor fro i 7.-parate agreements between
FDOT and Participant and shall have no resp'u ''ty to monitor or enforce any
responsibilities herein or in any separate agrg�me s associated with this Agreement
between FDOT and Participant. O�
11. This Agreement shall be governed by and terpreted in accordance with the laws of the
State of Florida. A, .'
12. This Agreement may be exe 84Vin two or more counterparts, each of which shall be
deemed an original, but all h together shall constitute one and the same instrument.
13. This Agreement sha einate upon disbursement by the Escrow Agent of all money held
by it in the escro t •Ztnt in accordance with the instructions given by FDOT's Comptroller
or designee a . • . 'cation from FDOT to Escrow Agent that the account is to be closed.
�� y
The remainder of this page is blank.
(S-
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FM No: 444079-1-52-01
FEID No:VF-596-000-282
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below.
For FDOT (signature) For PARTICIPANT (signature)
•
Name and Title Name \O
59-3024028 , ,c..)
Federal Employer I.D. Number Title
F-596-000-28 -
Date Federal Em .D. Number
O
43(S
FDOT Legal Review: •••
As"\-
4)
O
For Escrow Agent (signrr
t„,.+
Name and Ti;
DatA(S
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Page 1 1
SECTION No.: 93000-248, 93900-223,
93900-224, 93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
DISTRICT FOUR `\
•
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT .
THIS AGREEMENT,entered into this day of t 20 , by and :-.1 - the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the : .'. .' Florida,
hereinafter called the DEPARTMENT and City of Boynton Beach, a municipal corporation exi''I. u .er the Laws
of Florida, hereinafter called the AGENCY collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over NW 3rd St, Ocean A d Boynton Beach Blvd.
respectively, as part of the City of Boynton Beach roadway system from Oc Oteiy
e to SR-804/Boynton Beach
Blvd, NW3rd St/SW 3rd St to SR-5/US-1/Federal Highway, and -1/Federal Highway to the
marina/intracoastal waterway respectively; and
WHEREAS, pursuant to Sections 339.07, 339.08 an. '.1�1, Florida Statutes and Federal funding
provisions the DEPARTMENT is authorized to undertake pro'- wthin the AGENCY's geographical limits and
the AGENCY agrees to have this improvement constrfuccted; an:
WHEREAS, in accordance with Title 23, . t Cote, Section 116 and Federal Highway Administration
regulations issued pursuant thereto, there mu n agreement with the AGENCY to maintain the project; and
WHEREAS, pursuant to such authority, the MENT and the AGENCY agrees to have the DEPARTMENT
construct certain improvements more pa 'cu y described as Financial Project ID 444079-1-52-01, which
involves pavement markings hereinaf referred to as the"Project", as more particularly described in Exhibit
A; and
•.'
WHEREAS, the DEPARTME
not spend state funds for off-system projects; and
WHEREAS, e ies hereto mutually recognize the need for entering into an Agreement designating
and setting forth t es nsibilities of each party; and
W ERc , the AGENCY by Resolution on the day of , 20_, a copy
of which . ed hereto as Exhibit B and by this reference made a part hereof, desires to enter into this
Agree d authorizes its officers to do so.
NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other,the Parties
o nant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
- 1 -
2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the
Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid
Non-Participating.
3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY
property. No further permit or agreement from the Agency shall be required to construct this
Project.
4. The AGENCY shall continue to maintain the existing roadway and any property own •
AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall
to be responsible for mowing and litter removal during the duration of the Project.
5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acce \e' is described
in the Standard Specifications for Roadway and Bridge Construction dated J ,as amended),
and Notice thereof to the AGENCY, the AGENCY shall maintain the Ptcat its own cost, in
accordance with the following Federally and State accepted stand. FDOT Design Manual
(FDM), current edition (b) Florida Green Book dated 2018, as a +'P' (c) Governing standards
and specifications: FDOT Design Standards dated FY as amended (d) Standard
Specifications for Roadway and Bridge Construction da Jul 2022, as amended by contract
documents, and (e) Manual on Uniform Traffic Contr v es (MUTCD), current edition, or as
amended. Maintenance of said Project includes, ' o limited to, pavement markings.
b+
a. The AGENCY grants to the DEPAMEIJRT.all rights necessary to enter and
construct the Project. )'�\y
b. The Department shall ivc:N AGENCY seven (7) days' notice before final inspection.
The AGENCY will the opportunity to inspect and identify corrections to the
PROJECT within 4 ) days' notice and the DEPARTMENT agrees to undertake
those correcti• . .r to final acceptance so long as the corrections comply with the
Final Propo• •a�struction plans and specification previously approved by both the
DEPART % d the AGENCY.
6. No additi &of way is required for the PROJECT. The PROJECT can be completed within
the AG existing right of way.
7. aSs
ies: The DEPARTMENT shall transfer any applicable warranties to the AGENCY.
vironmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint
applicant and be responsible for the permits related to the Project. Further the AGENCY shall be
solely responsible for ensuring that the Project remains in compliance with all permits after the
construction is complete and the right of way is transferred to the AGENCY. To the extent
permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the
- 2
AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT
after construction is complete. The AGENCY shall execute all documentation required by the
permitting agencies in a timely manner to accept transfer of the Project. The AGENCY shall be the
applicant for all occupancy permits that are required for the Project.
9. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to
accomplish utility relocations for this Project. This shall include, but not be limited to, entering
into utility subordination agreements with the affected utility owners, thereby assuming liabili •
for future utility relocations within the AGENCY right of way and proposed right of way. At its •
expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provid- 16-
notice to utility owner to initiate work necessary to alleviate interference; to remove • • .te
non-compliant utilities; and to place liens upon non-compliant utility owners withi e • ENCY
right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY s •- liable and
reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for tp2 CY's failure
to timely comply with said request.
a. AGENCY'S Utilities: The AGENCY shall relocate and adjust i �ov^f'utilities including
connection with utility customers.
O
10. Unforeseen issues: If unforeseen issues shall arise, th ANCY shall cooperate with the
DEPARTMENT to the extent necessary to construct t ' ct. This shall include but not be
limited to the execution of documents; a the Department and/or their
contractors/consultants to enter upon the real p erty owned, leased, possessed and/or
controlled by the Agency upon which the Prpiect i.s•to be constructed or any property adjacent
thereto.
11. E-Verify requirements: The AGEN +\)
• shall utilize the U.S. pent of Homeland Security's E-Verify system to verify the
employment eligibili oJI new employees hired by the AGENCY during the term of the
contract; and
• shall express any contractors performing work or providing services pursuant to the
state con t ikewise utilize the U.S. Department of Homeland Security's E-Verify system
to verrr��lhQ
od mployment eligibility of all new employees hired by the contractor during the
c term.
12. Thi soctr ent incorporates and includes all prior negotiations, correspondence, conversations,
a. -46,-nts, or understandings as represented in the Final Proposed Construction plans.
�( co singly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
resentation or agreements whether oral or written.
. 3. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance
(S„
package.
- 3
14. This Agreement shall be governed, interpreted, and construed according to the laws of the State of
Florida.
15. LIST OF EXHIBITS
• Exhibit A: Project Scope
• Exhibit B: AGENCY's Resolution
•
[This space intentionally left blank.] \—
0 •
O
O
\N)
1111,44rS)
-4 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided
below.
AGENCY •
ATTEST: �O
City of Boynton Beach, through its
BOARD OF CITY COMMISSIONERS
By:
AS)
day of £ 20
Approved as to fdr1why Office of City Attorney
By:
es
DE�A 'IENT
ATE OF FLORIDA
ODEPARTMENT OF TRANSPORTATION
&S
z
By:
Transportation Development Director
day of £ 20
4'S)
�' Approval:
Office of the General Counsel (Date)
?S'
- 5 -
J
SECTION No.: 93000-248, 93900-223,
93900-224, 93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
EXHIBIT A `\
.
PROJECT SCOPE
All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing N S 'Ocean
Ave and Boynton Beach Blvd right-of-way.
Signing and Pavement Markings
❑ Sharrows are proposed along NW 3rd St from Ocean Ave to SR-804/Boyn •n . Blvd, Ocean Ave
from NW 3rd St to SR-5/US-1/Federal Highway, and Boynton Beach Blv• • r R-5/US-1/Federal
Highway to the marina/intracoastal waterway
• II
.
- 6 -
SECTION No.:93000-248,93900-223,
93900-224,93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
EXHIBIT B
AGENCY'S Resolution �O
7
O
•
- 7 -
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
EXHIBIT C
HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT
WITH
CITY OF BOYNTON BEACH
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
SECTION No.: 93000-248,93900-223,
93900-224, 93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT ••
lib
THIS AGREEMENT,entered into this day of20_, by and the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the :r. .• Florida,
hereinafter called the DEPARTMENT and City of Boynton Beach,a municipal corporation exi••i• u •er the Laws
of Florida, hereinafter called the AGENCY collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over NW 3rd St, Ocean A d Boynton Beach Blvd.
respectively, as part of the City of Boynton Beach roadway system from Oc e to SR-804/Boynton Beach
ttly
Blvd, NW3rd St/SW 3rd St to SR-5/US-1/Federal Highway, andzg) -1/Federal Highway to the
marina/intracoastal waterway respectively; and
WHEREAS, pursuant to Sections 339.07, 339.08 an. �.1�1, Florida Statutes and Federal funding
provisions the DEPARTMENT is authorized to undertake pr•'- wthin the AGENCY's geographical limits and
the AGENCY agrees to have this improvement constructed; an:
WHEREAS, in accordance with Title 23, l Cote, Section 116 and Federal Highway Administration
regulations issued pursuant thereto,there mus n greement with the AGENCY to maintain the project; and
WHEREAS, pursuant to such authority, the MENT and the AGENCY agrees to have the DEPARTMENT
construct certain improvements more pa 'cu y described as Financial Project ID 444079-1-52-01, which
involves pavement markings hereinaf re erred to as the"Project", as more particularly described in Exhibit
A; and •y
WHEREAS, the DEPARTMnot spend state funds for off-system projects; and
WHEREAS, e i s hereto mutually recognize the need for entering into an Agreement designating
and setting forth t es nsibilities of each party; and
W ERthe AGENCY by Resolution on the day of , 20._._, a copy
of which ' c ed hereto as Exhibit B and by this reference made a part hereof, desires to enter into this
Agre d authorizes its officers to do so.
�Y NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other,the Parties
o nant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
- 1 -
I
a
t
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
i•
2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the
Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid
Non-Participating.
3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY
property. No further permit or agreement from the Agency shall be required to construct this
Project. ��*
4. The AGENCY shall continue to maintain the existing roadway and any property own •
AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall
to be responsible for mowing and litter removal during the duration of the Project
S. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceCis described
in the Standard Specifications for Roadway and Bridge Construction dated 3
co., ,as amended),
and Notice thereof to the AGENCY, the AGENCY shall maintain the
tr tits own cost, in
accordance with the following Federally and State accepted stand-+ FDOT Design Manual
(FDM), current edition (b) Florida Green Book dated 2018, as a :'' (c) Governing standards
and specifications: FDOT Design Standards dated FY as amended (d) Standard
Specifications for Roadway and Bridge Construction dat Jul 2022, as amended by contract
documents, and (e) Manual on Uniform Traffic Cont v es (MUTCD), current edition, or as
amended. Maintenance of said Project includes, limited to, pavement markings.
a. The AGENCY grants to the DEPAMENe all rights necessary to enter and
construct the Project.
A4\'..
L
b. The Department shall i lib- seven (7) days' notice before final inspection.
The AGENCY will the opportunity to inspect and identify corrections to the
PROJECT within ) days' notice and the DEPARTMENT agrees to undertake
those correcti' r to final acceptance so long as the corrections comply with the
Final Prop. • `r•` struction plans and specification previously approved by both the
DEPART d the AGENCY.
6. No additi igtof way is required for the PROJECT. The PROJECT can be completed within
the AG existing right of way.
7.
''Sof The DEPARTMENT shall transfer any applicable warranties to the AGENCY.
vironmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint
applicant and be responsible for the permits related to the Project. Further the AGENCY shall be
solely responsible for ensuring that the Project remains in compliance with all permits after the
construction is complete and the right of way is transferred to the AGENCY. To the extent
permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the
- 2
DocuSign Envelope ID:BFCF09C7-1 D4B-415F-B52E-1664D5C12007
AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT
after construction is complete. The AGENCY shall execute all documentation required by the
permitting agencies in a timely manner to accept transfer of the Project. The AGENCY shall be the
applicant for all occupancy permits that are required for the Project.
9. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to
accomplish utility relocations for this Project. This shall include, but not be limited to, entering
into utility subordination agreements with the affected utility owners, thereby assuming liabili •
for future utility relocations within the AGENCY right of way and proposed right of way. At its •
expense,the AGENCY shall comply with any and all request of the DEPARTMENT to provid- gip-
notice to utility owner to initiate work necessary to alleviate interference; to remove • • .te
non-compliant utilities; and to place liens upon non-compliant utility owners withi e • ENCY
right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY s - liable and
reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for NCY's failure
1 to timely comply with said request. Airy
a. AGENCY'S Utilities: The AGENCY shall relocate and adjust i ov`n!'utilities including
connection with utility customers.
O
10. Unforeseen issues: If unforeseen issues shall arise, th A ,NCY shall cooperate with the
DEPARTMENT to the extent necessary to construct t •' ct. This shall include but not be
limited to the execution of documents; a the Department and/or their
contractors/consultants to enter upon the real p perty owned, leased, possessed and/or
controlled by the Agency upon which the Pr i.s•to be constructed or any property adjacent
thereto.
11. E-Verify requirements: The AGEN +\)
• shall utilize the U.S. pent of Homeland Security's E-Verify system to verify the
employment eligibili oglI new employees hired by the AGENCY during the term of the
contract; and
• shall expres 4�any contractors performing work or providing services pursuant to the
state con ikewise utilize the U.S. Department of Homeland Security's E-Verify system
to vera mployment eligibility of all new employees hired by the contractor during the
co t rm.
12. Thi oc nent incorporates and includes all prior negotiations, correspondence, conversations,
a nts, or understandings as represented in the Final Proposed Construction plans.
C•,$)
ingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
(`
4resentation or agreements whether oral or written.
The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance
i
package.
I
- 3
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
14. This Agreement shall be governed, interpreted, and construed according to the laws of the State of
Florida.
15. LIST OF EXHIBITS
• Exhibit A: Project Scope
• Exhibit B: AGENCY's Resolution
.•
[This space intentionally left blank.] \i
\o
AS4
ti
ti
ti�
-4-
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided
below.
AGENCY .`•
ATTEST: �O
City of Boynton Beach, through its (�
BOARD OF CITY COMMISSIONERS
By:
day of
1S) 20
Approved as to f bbyy Office of City Attorney
AS
A
By:
1
Eis\vi.
1 STATE OF FLORIDA
I O DEPARTMENT OF TRANSPORTATION
,4„,k
SY
By:
Transportation Development Director
day of , 20
1 1111,*
Approval:
��
Office of the General Counsel (Date)
- 5 -
II
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
SECTION No.: 93000-248, 93900-223,
93900-224, 93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
EXHIBIT A \
��.
PROJECT SCOPE
All of the improvement are to be completed by DEPARTMENT within the AGENCY's existing N S*41eOcean
Ave and Boynton Beach Blvd right-of-way. ,a
Signing and Pavement Markings (`J
❑ Sharrows are proposed along NW 3rd St from Ocean Ave to SR-804/Boyn • • Blvd, Ocean Ave
from NW 3'd St to SR-5/US-1/Federal Highway, and Boynton Beach Blv• • ' R-5/US-1/Federal
Highway to the marina/intracoastal waterway
i O
O
ic - 6-
DocuSign Envelope ID:BFCFO9C7-1D4B-415F-B52E-1664D5C12007
SECTION No.:93000-248,93900-223,
93900-224,93900-225
FM No.: 444079-1-52-01
AGENCY: City of Boynton Beach
C.R. No.: N/A
� h
IXHIBIT B
4:4")
AGENCY'S Resolution
V
O
O
,+.\)O
te"14\C7
‘'S
- 7 -
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
1 RESOLUTION NO. R22 -089
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 FLORIDA DEPARTMENT OF TRANSPORTATION'S (FOOT'S)
6 LOCAL FUNDED AGREEMENT, THREE PARTY ESCROW
7 AGREEMENT, AND FDOT HIGHWAY MAINTENANCE
8 MEMORANDUM OF AGREEMENT; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, in 2018, the Boynton Beach Community Redevelopment Agency (CRA)
12 was awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant
13 to redevelop Boynton Beach Blvd (between NW 4th Street and US 1/Federal Highway) into a
14 Complete Street; and
15 WHEREAS, in June 2019, the City Commission authorized the Florida Department of
16 Transportation to proceed with the design, construction, and administration of the Boynton
17 Beach Boulevard Complete Streets Project, between NW 3rd Street and Federal Highway (US
18 1); and
19 WHEREAS, in June 2020, the City Commission approved a Locally Funded Agreement
20 (LFA) and for the payment of the City's portion of the design cost; and
21 WHEREAS, the construction, and the City's portion of construction funding
22 ($1,105,383) which will be reimbursed by the CRA, is scheduled for 2023; and
23 WHEREAS, prior to construction the FDOT requires the following agreements signed:
24 State of Florida Department of Transportation Locally Funded Agreement, Three Party Escrow
25 Agreement and District Four Highway Maintenance Memorandum of Agreement.
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
27 recommendation of staff, deems it to be in the best interests of the City residents to approve
28 and authorize the Mayor to sign the Florida Department of Transportation's (FDOT's) Local
29 Funded Agreement, Three Party Escrow Agreement, and FDOT Highway Maintenance
30 Memorandum of Agreement.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Boynton Beach Blvd FOOT Agreements-ResoDocx
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007 I.
33 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
34 ratified and confirmed by the City Commission
35 Section 2. That the City Commission of the City of Boynton Beach does hereby
36 approve and authorize the Mayor to sign the Florida Department of Transportation's
37 (FDOT's) Local Funded Agreement, Three Party Escrow Agreement, and FDOT Highway
38 Maintenance Memorandum of Agreement, copies of which are attached hereto and
39 incorporated herein as Exhibits A through C.
40 Section 3. That this Resolution will become effective immediately upon passage.
---J ii
41 PASSED AND ADOPTED this day of 2022.
42
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45 ,/
46 Mayor-Ty Penserga
47
48 Vice Mayor-Angela Cruz
49 t/
50 Commissioner -Woodrow L. Hay /
51 ✓
52 Commissioner-Thomas Turkin /
53 ✓
54 Commissioner-Aimee Kelley
55 °57
57 VOTE -)
58 ATTEST: -,0NTONe. F,
59 i~ctO• DRAT �Y ,I1
61 ', at_ A •., ,(_-- ____
60 ;0ici) '
►—: 5vccO
62 Mayle, D. J-sus, M ) S c.)x,100. 0 : ;
12
63 City er it ;
64 t(, ...••'.OPi.
65 `.....,--
66 (Corporate Seal)
67
2
S:\CA\RESO\Boynton Beach Blvd FDOT Agreements-Reso.Docx
FDOT
Florida Department of Transportation
RON DESANTIS 3400 West Commercial Boulevard JARED W.PERDUE,P.E.
GOVERNOR Fort Lauderdale,FL 33309 SECRETARY
July 12, 2022
Mr. Gary Dunmyer, PE
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach. Florida 33435
RE: Locally Funded Agreement (LFA)
FM: 444079-1-52-01
Description: Removal of bike lanes, construction (installation) of sidewalk on north and
south side of roadway, construct (install) new drainage inlets, installation of
pedestrian signals, construct hardscape/decorative sidewalk, and installation
of tree grates during the Department's Complete Street Improvements at
various locations along Boynton Beach Blvd. from NW 3rd Street and
US 1/Federal Highway
Dear Mr. Dunmyer:
Enclosed please find a copy of a fully executed Locally Funded Agreements for the Project
referenced above. Also included is a copy of the Resolution No. R22-089. 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.
Leos A. Kennedy, Jr.
Program Management Unit
District Four
enc: LFA
copy: Leslie Wetherell. P.E., Project Manager
Mark Madgar, Work Program Manager
LFA Section
File
www.fdot.gov
DocuSign Envelope ID:BFCF09C7-1D4B-415F-B52E-1664D5C12007
Kennedy, Leos •
From: Rubio,Jessica
Sent: Thursday,July 7, 2022 9:07 AM
To: D4-Program Management
Subject: FW: Responsible Charge&Selection Committee Delegation - Transportation
Development (7/7/22 - 7/12/22)
FYI
Jessica Rubio 1 District 4 Program Management Administrator
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309-3421
(954)777-4626
From: Godfrey-Baker, Monifa <Monifa.Godfrey-Baker@dot.state.fl.us> On Behalf Of Braun, Steve
Sent:Thursday,July 7, 2022 9:03 AM
To: D4-MC<D4-MC@dot.state.fl.us>
Cc: D4-ASC<D4-ASC@dot.state.fl.us>
Subject: Responsible Charge&Selection Committee Delegation -Transportation Development (7/7/22 -7/12/22)
While I am out of the office from Thursday July 7th through Tuesday July 12th, 2022,John Olson will be in responsible
charge and have my full signature authority for D4 Transportation Development. I also delegate John Olson as the
Transportation Development member of the D4 Selection Committee for Monday,July 11th, 2022.
Please afford John your usual courtesy and cooperation.
Monifa Godfrey-Baker can be contacted directly at (954) 777-4646 for immediate assistance while I am out of the office.
Steven C. Braun, P.E.
Director of Transportation Development
FDOT- District Four
Steve.Braun@dot.state.fl.us
Office: (954) 777-4143
Cell: (954) 303-9192
F'DOT
Facebook I Twitter I Instagram I YouTube I WordPress
1
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida, Department of
Transportation ("FDOT"), City of Boynton Beach ("Participant"), and the State of Florida, Department
of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the
Agreement's execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project ("Project"):
Project Name: Complete streets improvements
Project#: 444079-1-52-01
County: Palm Beach County
WHEREAS, FDOT and Participant desire to establish an escrow account for the Project.
NOW THEREFORE, in consideration of the premises and the covenants contained herein, the
parties agree to the following:
1. An initial deposit will be made into an interest bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened with the
Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this
Agreement.
2. Other deposits to the escrow account may be made during the life of this Agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to
the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the
preferred method of payment and should be used whenever possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the
Escrow Agent and shall have sole authority to authorize withdrawals from the account.
Withdrawals will only be made to FDOT or the Participant in accordance with the
instructions provided to the Escrow Agent by FDOT's Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida
Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned
on the moneys while invested. There is no guaranteed rate of return. Investments in the
escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida
Statutes. All income of the investments shall accrue to the escrow account.
FM No: 444079-1-52-01
FEID No:VF-596-000-282
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall
remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT.
FDOT agrees to provide a copy of such written confirmation to Participant upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the
escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant
upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted
by it in good faith, or for anything which it may in good faith do or refrain from doing in
connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage, or loss due to
the acts or omissions of FDOT and Participant, nor from any separate agreements between
FDOT and Participant and shall have no responsibility to monitor or enforce any
responsibilities herein or in any separate agreements associated with this Agreement
between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held
by it in the escrow account in accordance with the instructions given by FDOT's Comptroller
or designee and notification from FDOT to Escrow Agent that the account is to be closed.
The remainder of this page is blank.
FM No: 444079-1-52-01
FEID No:VF-596-000-282
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below.
-21/
For FDOT (signature) For P T ANT (s : -ature)
'-,. TV P-E'rnser9et—
Name and Title Name v
59-3024028 J
C r
Federal Employer I.D. Number Title
F-596-000-282-025
Date Federal Employer I.D. Number
)( i c1 1
Date .1
FDOT Legal Review:
For Escrow Agent (signature)
Name and Title
Date