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R15-010I RESOLUTION NO. R15 -010 A RESOLUTION OF THE CITY OF BOYNTON BEACH AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING CONSTRUCTION AND MAINTENANCE OF A NEW SOUTHERN ENTRY SIGN IN THE FEDERAL HIGHWAY MEDIAN JUST NORTH OF GULFSTREAM BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach CPA has completed design for a new entrance sign 121 1 131 14 15 16 17 181 19� 20 21 22 23 24 25 26 27 into Boynton Beach located in the center median of Federal Highway; and WHEREAS, the decorative sign will be placed on Florida Department of Transportation right -of -way near the City's southerly border with Delray Beach, just north of Gulfstream Boulevard and will advise motorists travelling northbound on Federal Highway that they are entering the City of Boynton Beach; and WHEREAS, because the proposed location of the sign is within the right -of -way owned by the State of Florida, it is necessary to enter into this Memorandum of Agreement to allow the State to authorize construction as well as to ensure maintenance of the sign by the City of Boynton Beach WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to authorize the Mayor to sign the Memorandum of Agreement with the Florida Department of Transportation authorizing construction and maintenance of a new southern entry sign in Federal Highway median just north of Gulfstream Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 1 C`Users\Pramitoj\Appdata\ Local \Microsoft \Wmdows\lemporary Internet Illes\Content IE5 \QXDIPCQU \Reso_For_ Federal_HighxNay _ l ntry_ Sign Doc Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are incorporated herein by this reference. Section 2: That the City Commission hereby approves and authorizes the Mayor to sign the Memorandum of Agreement with the Florida Department of Transportation 5 authorizing construction and maintenance of a new southern entry sign in Federal Highway 6 i median just north of Gulfstream Boulevard, a copy of which is attached hereto as Exhibit "A ". 7, Section 3 : This resolution shall become effective upon its passage and adoption by the 8� i City Commission. 0E 10� � 11 � 131 1 141 15� 16, 17 181 19 20 21 22' 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PASSED AND ADOPTED this 3 day of February, 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: S . Prainito, MMC Clerk 2 crosott \W mdows\ I emporary Internet _For Federal_Htghway_Entry_Sign Doc YES NO 5—D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-10 WAY DESIGN COMMUNITY AESTHETIC FEATURE AGREEMENT OGC - 12J12 APPLICAMP... 1 of 12 &I IT, I n ouSITITty, I This Comm un ity'Aesthetic Feature Agreement ("Agreement") is entered into this 1 day of Jun ge, between the State of Florida, Department of Transportation ("FDOT") and The City of Boynton each ("Agency"). FDO and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT contractors of any professional or other liability for the plans. All changes required by FDOT shall be made by the Agency and final corrected plans shall be provided to FDOT within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ( "MOT ") throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed °and sealed by a professional engineer. MOT plans will require approval by FDOT prior to implementation. d. The Agency is responsible for obtaining all permits that maybe required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from FDOT's Construction Project Manager, Brett Drouin at (561) 432 - 4966 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter FDOT's right -of -way to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use FDOT's right -of -way nor the placing of facilities upon FDOT's right -of -way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in FDOT right -of -way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of FDOT right -of -way. g. FDOT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If FDOT determines that a condition exists which threatens the public's safety, FDOT may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right -of -way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, FDOT may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit • I The Agency shall notify FDOT a. minimum of forty eight (48) hours before beginning the Project within FDOT right -of -way. The Agency shall notify FDOT should installation be suspended for more than five (5) working days. Upon completion of the Project, the Agency shall notify FDOT in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the Responsible Professional for the Project, the form of which is attached to this Agreement as Exhibit "E ". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's) subcontractor's / consultant's/ subconsultant's property, machinery, and equipment from FDOT right -of -way and shall restore those portions of FDOT right -of -way disturbed or otherwise altered by the Project to substantially the same condition-that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. If FDOT determines that. the Project is not completed in accordance with the provisions of this Agreement, FDOT shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of FDOT's written notice to complete the Project and provide FDOT with written notice of the same ( "Notice of Completion). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, FDOT may: 1) provide the Agency with written authorization granting additional time as FDOT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without FDOT liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If FDOT elects to correct the deficiency (ies), FDOT shall provide the Agency with an invoice for the costs incurred by FDOT and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The Maintenance schedule shall include Initial Defect, Instantaneous Damage and Deterioration components. The Initial Defect Maintenance inspection should be conducted, and any required repairs performed during the Construction Phase. The Instantaneous Damage Maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The Deterioration Maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences,, abuse or damage due to other causes. Deterioration Maintenance shall include, but is not limited to, the following services: Inspect all sign surfaces every six 6 months for excessive � deterioration; Inspect Structural,,Com2gnents e rl ® Ins ect Sign Lighting every six months; Conduct Ve etation Control uarterl . Inspect t E lectrical stabillt o the Lightinq§yster oaths and erfor re ulred Maintenance of the Irrigation S stem uarterl. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right -of -way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right -of -way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 5.000. The deposit will be returned to the Agency after the Agency has satisfied its obligation to remove the Project and restore the right -of -way. n. FDOT reserves its right to cause the Agency to relocate or remove the Project, in FDOT's sole discretion, and at the Agency's sole cost. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant) subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep r M I E r in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause FDOT to be an additional insured party on the policy or policies, and shall provide FDOT with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right -of -way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7 -13 of FDOT's Standard Specifications for Road and Bridge Construction (2010), as amended. c. The Agency shall also carry or cause its contractor/ subcontractor / consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express, mail delivery. E -mail and facsimile maybe used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. Jer ylc�r____ M a for of Bo fnton Beach Phone 561-742-6022 Fax. 561-737-3258 7. TERMINATION OF AGREEMENT. FDOT may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by FDOT pursuant to this Paragraph 7. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in . • ! 1 a, b, MMi' Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by FDOT. d. The Agency and MOT agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of MOT as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of MOT right -of -way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public. entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of.real property to a public entity, may not be awarded or perform work as a contractor, supplier; subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of. thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. MOT will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON- DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(x), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. A TTOR NE Y ; , 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. is. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar • • M !. M I ren • M 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed • loth Parties to this Agreement. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. mommomamamo Attest: Legal 97+�� Date: /1 jun-e-, IZ/5 Leg eview: ImoA Section No. 93010 CAFA No. 15M-496-0001 SCOPE OF SERVICES The City of Boynton Beach proposes to replace existing 'Welcome to Boynton Beach' signage located in the median of SR 5 with new 'Welcome to Boynton Beach signage, in the same location. We are proposing to locate the new signage in the median because there is no adequate space within the R/W and none outside of the RNV at this location, which marks the south limits of the City of Boynton Beach. Locating the sign further north would still not allow room outside of the R/W and would not be an accurate indicator of the south limits of the City of Boynton Beach The existing smaller sign (Approx. 6' -6" wide and 30" tall) is located approximately 275' from the signalized intersection of SE 38th Ave (Gulfstream Blvd). The proposed sign is larger (9'10" wide and 10' -9" tall) but is not in conflict with any of the limits of clear sight criteria (the adjacent intersection to the South is signalized and there is a northbound channelized left into the Wal -Mart that west of the median.) We are proposing a setback of 6' from the travel lane in the median, which meets the standards outlined in Index 700 and the Florida Green Book. The sign will be illuminated with an LED floodlight, shielded on the sides from southbound traffic.. Three Royal Palms to the north of the sign will be up lighted with focused spotlights on the trunks; the light sources will be shielded from view from adjacent traffic. One recently installed 'Do not cross' sign will be relocated to the north side of the sign, as shown on the plans I he Agency is authorized to install the Project accordance - attached plans prepared b . t . d dated these Any revisions to plans must be approved by FDOT in writing. Section No. 93010 CAFA No. 1 SM-496-000 1 SPECIAL PROVISIONS Permittee shall coordinate all work with David Moore @ Mobile # 954-317-8044 prior to construction within the FDOT R/W. This permit is valid only for work proposed within the D.O.T. right-of-way. Certification accMtance and fin a] ag=yal is contingent uvAn conformit-,, of al n&=Q- WL�"rl TAW to this permit and the restoration of the Right of Way. 1 11 - 11 toil) Clio tro-09 III � 110 IN [a &N I I IF: I I 101 KI I I N I SLOJ oil I yJ III I M matenVs' anct cons F ion in e To • ransportation Tsign ., . . . n -OT- way shall conforin to the (latest edition) F.D.O.T. Design Standards and (latest edition) Standard Specifications for Road and Bridge Construction. I Storm Water Pollution Plan - The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The permittee shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction or operation of the surface water management system. teMplf'ranlj CJoS(Z a IL 511V CAPFUSS U011U1 11,10 f CMEM alteM c route win be provided, and shall continuously maintain pedestrian features to meet Americans Disabty Act (ADA) standards. Maintenance of Traffic M.O.T. for this project will comply with the F.D.O.T. Standard Index (600 series) and the latest edition • the Manual on Uniform Traffic Control Devices (MUTCD)." Special attention will be given to FDO T Design Standard Index 611, 612, 6 660. Sodded areas will • in accordance with Standard Index 105 and sections 162, 981, 982, 983, 987 of the F.D.O.T.'s Standard Specifications for Road and Bridge Construction, latest edition. All disturbed areas will be sodded within one. (1) week of installation of said permitted work.. =c Mom opef aLion 1: 11 6MY =77 I VITLIMM omerwise approvea by the Operations Engineer, or designee. Vl will restore the Right of Way as a minimum, to its original condition or better in accordance w/F.D.O.T.'s latest Standard Specifications for Road & Bridge Construction or as directed by the Resident Operations Engineer. • O 625-010-10 ROADWAY DESIGN OGG -12P 2 Page 11 of 12 4 1-11-q LI/I e- C41 Section 1: The foregoing "WEREAS" clauses are hereby rated and confinned S ect l on 3 : Thi r i-. So lution shall become effective uPon its PassQC and adOPtion by the IY d & o f p e b ruary, 2015 PASSED A" ADOPTED this 3 BUM= Mayor — Jerry Taylor Vice Mayor — Joe Casello t1ommissioner — David T. Merker MMC Section No. 93010 CAFA No. 15M-496-00W, NOTICE OF COMPLET- CERTIFICATE #2 MPLIAN 6 0 0 . 0 COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE 4222# RIDA, DEPARTMENT OF TRANSPORTATION and in accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of ?n • : Name: Tftle'. �!M�u �� IQM '910;', -2 SEAL: Name'.