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Res 60-14 RESOLUTION NO. 60-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EYECUTION OF THE AGREEMENT. V,,/TMREAS, the City of Delray Beach, Florida desires to approve the Locally Funded Agreement for the construction and funding trombone mast arias traffic signal assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the execution of the agreement.; and WHEREAS, the City Co authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. '17iat the recitals set forth above ate incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and t11e Florida Department of Transportation and authorizes the execution thereof. i PASSED AND ADOPTED in regular session on this the tad day of December, 2014 I YOR ATTEST: City Clerk Coversheet Page 1 of 2 • MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 8.P.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.60-14 LFA AGREEMENT/FDOT/VENETIAN AND GLEASON SIGNAL BACKGROUND City Commission approval to execute the Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the installation of Trombone Style Mast-Arm at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14- 078). FDOT requires a resolution (Resolution No. 60-14, Attachment A) authorizing the Mayor to execute the LFA (Attachment B) on behalf of the City. The LFA addresses the cost differential between the standard mast arm (Palm Beach County standard mono-pole cantilever style) and the City's standard "trombone style" (matching Atlantic Avenue corridor) in the amount of$247,865.40. Per the attached Interlocal Agreement, funding will be provided by the Community Redevelopment Agency (CRA). The existing trombone mast arm signals at the Intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Attachment C) were removed earlier this year due to deterioration. FDOT has moved forward with the design of the new trombone mast arm signals. Current FDOT standard mast arms do not match the trombone mast arm signal that currently exist along the Atlantic Avenue Corridor. In order to provide aesthetic continuity, the City requested that trombone mast arm signals be installed at both intersections. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is adoption of Resolution No. 60-14; and consider approval to execute the Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) in the amount of$247,865.40 for the installation of trombone style mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14- http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8556&MeetingID=539 12/8/2014 Coversheet Page 2 of 2 078). OPERATING COST Funding shall be provided by the Community Redevelopment Agency per the attached CRA/City Interlocal Agreement (Attachment D) for Funding Construction/Professional Services FY 2014-2015: $247,865.40 is available from account 9334-3162-541-68.99 (General Capital Improvement Funds). TIMING OF THE REQUEST The approval of this item is of high importance and is required to initiate the timely construction of the FDOT project. FUNDING SOURCE Funding is available from 334-3162-541-68.99 (General Construction Fund: Other Improvement/East Atlantic Gleason/Venetian Signal). RECOMMENDATION Through a motion, adopt Resolution No. 60-14; and consider approval to execute the Locally Funded Agreement(LFA) with the Florida Department of Transportation (FDOT) in the amount of$247,865.40 for the installation of trombone style mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street(Project No. 14-077 and 14-078). http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8556&MeetingID=539 12/8/2014 RESOLUTION NO. 60-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Locally Funded Agreement for the construction and funding trombone mast arm traffic signal assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the execution of the agreement.;and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the_day of 12014. MAYOR ATTEST: City Clerk RD P I p VISTA DEL MAR DRIVE MA RIV �FV w Z w Q z a THOMAS STREET ND ST. z Z ® J O w m D R I V E Z N.E. 1 ST Q F- z_ ¢ In Q w Z ¢ o Q z LOWRY STREET p Of ST ST. Q Z 0 O w Z } Lu C) N Q Q a O T U A T L A N T I C A V E N U E ¢ w uJil cy M p M O ¢ Q J a ¢ Z Z �- o > 0 z ¢ o < ° o > ¢ I— m O Q o z ST. Q o MIRAMAR DRIVE p a a C) z 0 U ¢ H U Q a co u > o w Q W a x LLI Lu COCONUT ROW a a ST. IN GRAHAM AVENUE U O J Z OCEAN TERR. I� OCEAN TERR. FMW Q J H 0 0 ST. ': BAY STREET 0 0 j Z U O m o = CITY of DELRAY BEACH LOCATION MAP UATE:11/O6/2014 4 ENVIRONMENTAL SERVICES DEPARTMENT VENETIAN AND GLEASON j •b O©p6 434 SOUTH&MNTON AVENUE,DELRAY BEACH,FLORIDA 33444 vi FM No: 435299-1-52-02 FEID No:VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of Delray Beach located at 100 N.W. 1St Avenue, Delray Beach, FL 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain aesthetic improvements in connection with the DEPARTMENT's Traffic Signalization Push-Button Project for Palm Beach County, Florida (Financial Management (FM) Number 435299-1-52-02, Funded in Fiscal Year 2014/2015); and WHEREAS, the PARTICIPANT is providing the DEPARTMENT with payment for the cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806/Atlantic Avenue at the intersections of Venetian Drive and Gleason Street, 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 WHEREAS, the PARTICIPANT by Resolution No. adopted on , 20_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials 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 PARTICIPANT is responsible for 100% of the Project costs. The total cost for the Project is estimated to be TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40). The PARTICIPANT shall pay for the total amount estimated at TWO HUNDRED FORTY Page 1 SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project results in a decrease to the PARTICIPANT's share, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project 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. The PARTICIPANT agrees that it will, within thirty(30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, this Agreement will be terminated and the painted trombone mast arm traffic signal assemblies will not be installed. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 435299-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 435299-1-52-02. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit- Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 A. If the Project costs are in excess of the advance deposit, 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 the Project costs are in excess of the advance 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 PARTICPANT'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. B. Should Project modifications occur that increase the PARTICIPANT's cost for the Project, 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 Page 2 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 cost will exceed the PARTICIPANT's payment. 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, for 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 of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. C. 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 Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction 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, a refund of the excess will be made by the DEPARTMENT 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. D. 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. E. Payments of funds under this Agreement will be sent directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached 3 Party Escrow Agreement 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. 5. 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. 6. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. Page 3 7. Upon completion of the Project, the PARTICIPANT shall be responsible for the maintenance of the painted mast arms. The PARTICIPANT will comply with the provisions set forth in the Maintenance Memorandum of Agreement (MOA) 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 Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 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 is completed as evidenced by the written acceptance of the DEPARTMENT, or June 30, 2016 whichever occurs first. 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 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. Page 4 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: Jose Guerrero A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attn: Isaac Kovner, P.E. City Engineer With a copy to: City Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached. STATE OF FLORIDA CITY OF DELRAY BEACH DEPARTMENT OF TRANSPORTATION BY: BY: NAME: COURTNEY DRUMMOND, P.E. TITLE: DIRECTOR OF TRANSPORTATION OPERATIONS ATTEST: LEGAL REVIEW: BY: CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED: APPROVED: BY: BY: CITY ATTORNEY DISTRICT PROGRAM MANAGEMENT ENGINEER Page 5 EXHIBIT A SCOPE OF SERVICES FM# 435299-1 -52-02 The installation of six trombone mast arm traffic signal assemblies at two intersections that shall be painted Bronze, per the PARTICIPANT's request. The PARTICIPANT and the DEPARTMENT engineer shall approve the paint chips supplied by the contractor prior to the procurement of the mast arm. The PARTICIPANT shall be responsible for the maintenance of the paint system after the work is completed. Page 6 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), ("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: DEPARTMENT's Traffic Signalization Push-Button Project: cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806/Atlantic Avenue at the intersections of Venetian Drive and Gleason Street Project #: 435299-1-52-02 County: Palm Beach 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. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 7 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. Page 8 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 59-3024028 Federal Employer I.D. Number Title F-596-000-308-007 Date Federal Employer I.D. Number Date For Escrow Agent (signature) Name and Title Date Page 9 EXHIBIT C MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF DELRAY BEACH Page 10 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 2014, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and City of Delray Beach, a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806/Atlantic Ave; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain highway improvements; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain State Road 806/Atlantic Ave (within the limits of the AGENCY); and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits under Project Number(s) 435299-1-52-01 and 435299-1-52- 02 along State Road 806/Atlantic Ave between Mile Post (M.P.) 8.957 to M.P. 9.040; and WHEREAS, the Project involves the scope of work as described within Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), which will benefit the AGENCY; and WHEREAS, the AGENCY has agreed to enter into a Local Funded Agreement (LFA) to fund the costs differential to install a trombone mast arm assembly and paint, to be executed concurrently with this AGREEMENT as indicated in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans); and WHEREAS, the AGENCY has no objection to this project, as indicated in Exhibit C (City of Delray Beach Commitment Letter); and WHEREAS, Palm Beach County (the maintaining signal agency), has no objection to this project as indicated in Exhibit D (Palm Beach County Acknowledgement Letter); and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this Page 1 of 31 AGREEMENT and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT has issued Project Number(s) 435299-1-52-01 and 435299-1-52-02 to install color coated painted trombone mast arm assemblies (includes upright pole and arm) along State Road 806/Atlantic Ave between M.P 8.957 to M.P. 9.040 as detailed in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), that will benefit the AGENCY. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements as provided herein. Maintenance by the AGENCY will include repair, restoration, and general maintenance of the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. Non-standard items are defined as items requested by the AGENCY that are not defined in the DEPARTMENT'S Design Standards. This includes all color coated painted trombone mast arm assemblies (includes upright pole and arm) installed along State Road 806/Atlantic Ave within the project limits as referenced in Exhibit A (Project Location and Description). 1) The AGENCY shall be solely responsible for the maintenance and preservation of all color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. The AGENCY shall inspect the painted color coatings on a yearly basis. All Maintenance or restoration activities shall be performed in accordance with a Maintenance Plan, as approved by the DEPARTMENT, as per the requirements in Exhibit E (Maintenance Plan Requirements). 2) The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, reworking or AGREEMENT termination. The AGENCY shall not change or deviate from the AGENCY's approved Maintenance Plan as referenced in Exhibit E (Maintenance Plan Requirements) without written approval from the DEPARTMENT. 3) The AGENCY shall be solely responsible for any damages to surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets occurring as a result of maintaining the painted color coating operations and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT. B. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT Page 2 of 31 and any amendments hereafter) and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, as amended, (d) FDOT Design Standards and (e) Manual on Uniform Traffic Control Devices (MUTCD). 1) The AGENCY shall be responsible for only the improvements as referenced in Exhibit A (Project Location and Description) immediately after final acceptance of the construction project by the DEPARTMENT. The improvements under this Project are subject to a Warranty Period per DEPARTMENT Specifications Section 649 or as modified. Said Warranty will be transferred and assigned to the AGENCY upon final acceptance of the Project. C. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or AGREEMENT termination. D. Any work impacting traffic flow on State Road 806/Atlantic Ave must be coordinated with the DEPARTMENT. Lane closures must be submitted for approval in accordance with DEPARTMENT procedures and policies and will meet the goals established in the DEPARTMENT's Open Roads Policy. The DEPARTMENT will not unreasonably withhold consent for work performed by the AGENCY. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the AGENCY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may issue a written notice, that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, in care of the CITY OF DELRAY BEACH ENGINEER, to place the AGENCY on notice regarding its maintenance deficiencies. Thereafter, the AGENCY shall have a period of sixty (60) days within which to correct the citied deficiency or deficiencies. If said deficiencies are not corrected within the time period, the DEPARTMENT may, at its option, proceed under one or more or a combination of the following items: 1) The DEPARTMENT may repair any item or a number of items. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 2) If the AGENCY does not maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm), the DEPARTMENT may remove all the color coated painted trombone mast arm assemblies (includes upright pole and arm) and repair any damaged galvanizing with DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 3) The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 4) At the discretion of the DEPARTMENT, terminate the AGREEMENT in accordance with Paragraph 7 of this AGREEMENT and remove, by the DEPARTMENT or its Contractor's personnel, all of the improvements installed Page 3 of 31 under this AGREEMENT and charge the AGENCY the reasonable cost of such removal. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the improvements covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 6. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional improvements within the limits of the rights of ways identified as a result of this document, subject to the following conditions: A. Plans for any new improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. B. The AGENCY shall procure a permit and/ or Construction Agreement from the DEPARTMENT, as appropriate. C. All improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. D. The AGENCY agrees to comply with the requirements of this AGREEMENT with regard to any additional improvements installed at no cost to the DEPARTMENT. E. If the DEPARTMENT performs work on the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed as part of this project and causes damage to the painted color coatings, said painted color coatings on the affected color coated painted trombone mast arm assemblies (includes upright pole and arm) will be restored by the DEPARTMENT. 7. AGREEMENT TERMINATION This AGREEMENT may be terminated under any one (1) of the following conditions: A. By the DEPARTMENT, if the AGENCY fails to perform its duties under this AGREEMENT, following ten (10) days written notice. The AGENCY shall reimburse the DEPARTMENT for any expenditures for the installation of said improvements and the cost to remove and or replace said improvement with the standard improvement or remove in its entirety. B. By the DEPARTMENT, for refusal by the AGENCY to 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. C. Only if mutually agreed to by both parties with a six (6) month written notice. 8. AGREEMENT TERM The term of this AGREEMENT commences upon execution by all parties. The term of this AGREEMENT shall remain in effect for Fifty (50) years. 9. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of Page 4 of 31 such agents, consultants, sub consultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this AGREEMENT keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured. 2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this AGREEMENT. 3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. E-VERIFY REQUIREMENTS The AGENCY shall A. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY for the work performed under this AGREEMENT; and B. Expressly require any contractors 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 writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter (painting of mast arms) hereof that are not merged herein and superseded hereby except the Landscape Memorandum of Agreement(s) signed between the parties, as amended, as to all other improvements not specifically mentioned in this AGREEMENT. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Page 5 of 31 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. ASSIGNMENT This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. LAWS GOVERNING This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and the DEPARTMENT shall determine the forum and venue in which any dispute under this AGREEMENT is decided. 16. NOTICES Any and all notices given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Delray Beach 3400 West Commercial Blvd 434 South Swinton Avenue Ft. Lauderdale, FL 33309-3421 Delray Beach, FL 33444 District Maintenance Engineer Attention: City Engineer 17. LIST OF EXHIBITS Exhibit A: Project Location and Description Exhibit B: Signalization Plans Exhibit C: City of Delray Beach Commitment Letter Exhibit D: Palm Beach County Acknowledgement Letter Exhibit E: Maintenance Plan Requirements Page 6 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. AGENCY By: Chairperson / Mayor Attest: (SEAL) Clerk Approval as to Form Date Attorney Page 7 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Operations Director Attest: (SEAL) Executive Secretary Approval as to Form Date Office of the General Counsel Page 8 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT A PROJECT LOCATION AND DESCRIPTION A. PROJECT LOCATION • State Road 806/Atlantic Avenue, from Mile Post (M.P.) 8.957 TO M.P. 9.040 • The DEPARTMENT is installing color coated painted trombone mast arm assemblies (includes upright pole and arm) as part of a Signalization Improvement Project at the intersections of State Road 806/Atlantic Avenue @ Venetian Drive and State Road 806/Atlantic Avenue @ Gleason Street, City of Delray Beach, Florida. • The scope of work under this Project is to provide color coated painted trombone mast arm assemblies (includes upright pole and arm) at the locations listed below. The AGENCY will maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed under this Project for the duration of this AGREEMENT. B. DESCRIPTION INSTALLATION OF COLOR COATED PAINTED TROMBONE MAST ARM ASSEMBLIES (INCLUDES UPRIGHT POLE AND ARM) LOCATIONS: • Pole 1: Proposed Pole Location at STA 383+43.03, M.P. 8.957, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 2: Proposed Pole Location at STA 383+78.23, M.P. 8.964, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 3: Proposed Pole Location at STA 384+35.00, M.P. 8.974, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 4: Proposed Pole Location at STA 387+39.64, M.P. 9.032, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 5: Proposed Pole Location at STA 387+72.53, M.P. 9.038, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 6: Proposed Pole Location at STA 387+83.29, M.P. 9.040, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida Page 9 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT B Signalization plans prepared by DRMP, Inc. dated July 28, 2014 as approved by the DEPARTMENT. SIGNALIZATION PLANS (attached) Sheets Included: PDF Page Plan Sheet Description Number (#) Sheet (#) 16 1 KEY SHEET AND TABULATION OF QUANTITIES 17 2 GENERAL NOTES 18 3 TEMPORARY TRAFFIC CONTROL NOTES 19 - 20 4 - 5 SIGNALIZATION PLAN 21 6 GUIDE SIGN WORKSHEET 22 7 MAST ARM TABULATION SHEET 23 - 24 8 - 9 UTILITY LOCATION SHEETS 25 10 MAST ARM ELEVATION 26 - 27 11 — 12 MAST ARM DETAILS 28 - 29 CTL-1 — CTL-2 PROJECT SURVEY CONTROL 30 - 31 GR-1 — GR-2 REPORT OF CORE BORINGS [The remainder of this page intentionally left blank.] Page 10 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT C CITY OF DELRAY BEACH COMMITMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 11 of 31 . - BEREH DELRAY BEACH 6i&ii All-AmericaCity 25 June 2014 Jose R. Guerrero, P.E. 2001 District 4 Traffic Operations Florida Department of Transportation 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 Re: E Atlantic Ave @ Venetian Dr and E Atlantic Ave @ Gleason St Cost Differential to Install Painted Trombone Mast Arm Assemblies City Project Numbers: 14-077 & 14-078 Dear Jose: The City of Delray Beach would like to enter into a Local Funds Agreement to have painted trombone mast arm signal assemblies install at the above two referenced intersections. As part of this project, the new assemblies will be painted a brown color, which is to match the color of the other trombone mast arms on Atlantic Ave. The City commits to funding the $120,000 estimated cost, which is the amount of the differential to install painted trombone mast arms and to maintain the painted surface for the life of the signals. Please forward the Local Funds Agreement to my attention so that we can submit the agreement to City Commission for their review and approval. Sincerely, XI Randal L. Krejcarek, P.E., LEED AP Environmental Services Director/City Engineer Cc Terry Stewart, Interim City Manager Diane Colona, CRA Executive Director file S:IEngAdminlProjectsl2014114-078 -E Atl-Venetian SignallLETTERSitrombone mast arm committment letter.doc SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT D PALM BEACH COUNTY ACKNOWLEDGEMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 13 of 31 � URxS4* Department of Engineering September 4, 1014 and Public Works P.O.Box 21229 West Palm Beach,FL 33416-1229 Mr. Mark Plass,P.E. (561)684-4000 District Traffic Operations Engineer FAX:(561)684-4050 Florida Department of Transportation,District Four www.pbcgov.com 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ■ RE: SR-806 (Atlantic Avenue)@ Venetian Drive and Gleason Street,City of Delray Beach Palm Beach County PBC Intersection Nos. TS 53275&TS 53280 Board of County Commissioners Dear Mark: Priscilla A.Taylor,Mayor Palm Beach County has no objection to the City of Delray Beach painting and/or Paulette Burdick,Vice Mayor maintaining the paint finish on the traffic signal mast arms and related structures at the intersections of Atlantic Avenue &Venetian Drive and Atlantic Avenue& Hal R.Valeche Gleason Street. We also do not object to the City of Delray Beach and the Shelley Vana Department entering into a maintenance agreement to perform and/or maintain the mast arm painting in accordance with the District's mast arm painting Steven L.Abrams procedures and any other applicable paint-over galvanized steel structure Mary Lou Berger standards and specifications. County staff would, however, appreciate at least seven (7) calendar day's notification of any scheduled paint finish maintenance less R.Santamaria work to avoid any conflicts with signal equipment maintenance to be performed by our agency. If you have any questions, please feel free to contact me at County Administrator (561)684-4030. Robert Weisman S1 F1 !ly, Dan Weisberg,P.E. Director-Traffic Division cc: Kim Graham,P.E.,Assistant Director,Traffic Division Fattoush N.War,P.E.,PhD.,Signal Design Engineer,Traffic Division Michael L.Ehora,Superintendent,Traffic Operations DW:JE vc File: r ersection#53275&53280 F:\TR AfFIC\Signals\Projects\53280_E Atlantic Ave&Gleason St\FDOT\TS 53275&53280- Mast Arm Maintenance Ltr.docx An Equal Opportunity Affirmative Action Employer' printed on recycled paper SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT E MAINTENANCE PLAN REQUIREMENTS The AGENCY shall submit to the DEPARTMENT a maintenance plan detailing the means and methods for accomplishing repairs to the color coated painted trombone mast arm assemblies (includes upright pole and arm) in accordance with all DEPARTMENT Standards, Procedures and Specifications. This plan must be submitted and approved by the DEPARTMENT prior to commencing any maintenance or repair activities. The plan should at minimum detail how the AGENCY will address the following: 1. Providing for continuous traffic control and necessary traffic control devices as required for the safe movement of traffic of vehicular and pedestrian traffic past the location of the structure being repaired for the duration of the repair in accordance with DEPARTMENT Standards, Procedures and Specifications. 2. Protection of adjacent surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets during the preparation and recoating of surfaces. 3. Containment of debris or materials used in or resulting from the repair. After the maintenance plan is approved, the AGENCY shall submit a work plan to the DEPARTMENT for approval prior to each repair to be performed detailing: 1. The proposed date of the repair 2. The location of the repair 3. The nature of the repair 4. The materials to be used for the repair 5. 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WITNESSETH : WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. This provision does not preclude the CRA from the performing the referenced tasks for projects listed on Exhibit "A" if mutually agreed upon by the City and CRA. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 2 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 3 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY RE JELOPMEN A NCY By: Diane Colonna, Executive Director Herman Stevens, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH n The foregoing instr ment was ack owI dged before me this ��d of Y� 2014, by , as (name of ff�er or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the 4 corporation. He/She is personally known to me or has produced ype of identification) as identification. ti�� Yp�Q,, Susan. .,. Shaw Notary Public— State of Florida n ICommirs on#FF070388 ': XPINS:Nov.13,2017 «wu WWFV,AAI<0::�QTARYcam EXHIBIT "A" Fiscal Year 2014-2015 Projects City Project Name Amount of Project # CRA Funding 1. 2014-023 SW 101h/91h Ave Improvements $ 200,000.00 2. 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 10711 1h Aves) $ 120,000.00 1 2010-041 NW 12t Ave —Atlantic to MLK $ 543,000.00 4. 2013-023 Downtown Tree Grate Replacement $ 15,222.00 5. 2004-006 SE & NE 1St St - One-Way Pair (Conversion) $ 50,000.00 6. 2013-022 S Swinton Ave & SWISE 1" St Traffic Signal $ 250,000.00 7. 2014-007 E Atlantic Ave Pedestrian Improvements (Study) $ 30,000.00 8. 2014-008 Parkin Study Implementation (E, Atlantic Ave Crosswalk Upgrades) $ 75,000.00 9. dy Implementation Projects $ 125,000.00 10, 2011-017 Fire Headquarters Public Plaza $ 275,000.00 11. 2014-077 E Atlantic Ave[Gleason St Trombone Mast Arm Traffic Signal $ 125,000.00 12. 2014-078 E Atlantic AveNenetian Dr Trombone Mast Arm Traffic Signal $ 125,000.00 13. 2011-024 NE 3' St/Ave Streetscape &Alley Improvements $ 600,000.00 14.1 2012-051 Swinton &Atlantic Intersection $ 150,000.00 15. 2013-001 Block 117 Parking Garage Design/SE 6th Ave $ 750,000.00 16. 2015-608 MLK Jr. Drive (Phase II - NW 12th Ave to I-95 Sound Barrier) $ 100,000.00 17. 2015-609 SE 4t Avenue Beautification $ 100,000.00 18. 2011-009 Block 32 Alley $ 100,000.00 19. 2014-052 Merritt Park Renovations $ 150,000.00 20. 2015-610 Block 63 Alley $ 100,000.00 21. 2015-611 N, Dixie Hwy. Improvements $ 100,000.00 22. 2013-015 Osceola Park Alleys Phase 2 $ 175,000.00 23. 2013-020 SE 2" St (Swinton — SE 3d SE 2" Ave & Alleys Blk 87 $ 800,000.00 24. 2014-006 Sidewalks — CRA District $ 300,000,00 25. 2015-620 NW/SW Neighborhood Alley $ 100,000.00 26. 2011-067 NE 2" Ave/Seacrest Blvd Beautification $ 425,000.00 27. 2015-621 NW 5t Avenue Entrance Feature $ 75,000.00 28. 2009-006 Blocks 19 & 20 Alley Improvements $ 40 000.00 29. 2014-024 SW 2 nd Terrace Reconstruction $ 65,000.00 5 Centennial FDOT 2015 Florida Department of Transportation RICK SCOTT 3400 West Commercial Blvd. JIM BOXOLn GOVERNOR Fort Lauderdale,FL 33309 SECRETARY January 28, 2015 Mr. Isaac Kovner,P.E. City Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Re: Locally Funded Agreement FM No.: 435299-1-52-01102 Description: The cost differential needed to install and paint a total of six trombone mast arm traffic signal assemblies along SR-806/Atlantic Avenue at the intersection of Venetian Drive and Gleason Street during the Department's Traffic Signalization Push-Batton Project Dear Mr. Kovner: 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. 60-14. 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 lkls enc: LFA's copy: Jose Guerrero, Project Manager Antonette P. Adams, Work Program Manager LFA Section File www.dot.stateAus FM No: 435299-1-52-02 FEED No:VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of .'y n 20 it , by and between the State of Florida Department of Transportation hereina called the DEPARTMENT, and the City of Delray Beach located at 100 N.W. 15'Avenue, Delray Beach, FL 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS; the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain aesthetic improvements in connection with the DEPARTMENT's Traffic Signalization Push-Button Project for Palm Beach County, Florida (Financial Management (FM) Number 435299-1-52-02, Funded in Fiscal Year 201412015); and WHEREAS, the PARTICIPANT is providing the DEPARTMENT with payment for the cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806IAtiantic Avenue at the intersections of Venetian Drive and Gleason Street, 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 WHEREAS, the PARTICIPANT by Resolution No, adopted on �-- , 20 0, a copy of which is attached hereto and made a part hereof, authorizes the Proper officials 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 PARTICIPANT is responsible for 100% of the Project costs. The total cost for the Project is estimated to be TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40), The PARTICIPANT shall pay for the total amount estimated at TWO HUNDRED FORTY Page l SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project results in a decrease to the PARTICIPANT's share, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project 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. The PARTICIPANT agrees that it will, within thirty(30)days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, this Agreement will be terminated and the painted trombone mast arm traffic signal assemblies will not be installed. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 435299-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 435299-1-52-02. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit- Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 A. If the Project costs are in excess of the advance deposit, 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 the Project costs are in excess of the advance 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 PARTICPANT'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. B. Should Project modifications occur that increase the PARTICIPANT's cost for the Project, 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 Page 2 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 cost will exceed the PARTICIPANT's payment. 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, for 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 of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. C. 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 Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction 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, a refund of the excess will be made by the DEPARTMENT 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. D. 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. E. Payments of funds under this Agreement will be sent directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached 3 Party Escrow Agreement 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. 5. 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. 6. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. PaQc 3 7. Upon completion of the Project, the PARTICIPANT shall be responsible for the maintenance of the painted mast arms. The PARTICIPANT will comply with the provisions set forth in the Maintenance Memorandum of Agreement (MOA) 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 Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 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 is completed as evidenced by the written acceptance of the DEPARTMENT. or June 30, 2016 whichever occurs first. 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 1 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 1 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 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. Page 4 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 Transportations - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Jose Guerrero A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attn: Isaac KOvner, P.E. City Engineer With a copy to: City Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specifi d herein Authorization has been given to enter into and execute this Agreement by Resolution No. ��— hereto attached. STATE OF FLORIDA _- CITY OF DELRAY BEACH DEPARTMENT OF TRANSPORTATIO `4 ,,A BY: BY: �,� ~ ate NAME: lSfit.. ! COU E DRUM O D, P.E. f 0�F-�R �'4 TITLE: 4. r DIRE TOR OF T ANSPORTATION OPE - S ATTEST: LEGAL REVIEW: BY: CITY CLERK (SEAL) OFFIC C -T4 GENERAL COUNSEL APPROVED: APPROVED: BY: BY: ye�� CITY A TTORNr=Y DISTRIC7ft6GRAM MANAGEMENT ENGINEER PaL'e 5 EXHIBIT SCOPE OF SERVICES FM# 435299-1 -52-02 The installation of six trombone mast arm traffic signal assemblies at two intersections that shall be painted Bronze, per the PARTICIPANT's request. The PARTICIPANT and the DEPARTMENT engineer shall approve the paint chips supplied by the contractor prior to the procurement of the mast arm. The PARTICIPANT shall be responsible far the maintenance of the paint system after the work is completed. Page 6 Exhibit B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become of 24ve upon the Agreement's execution by Escrow Agent. 0 WHEREAS, FDOT and Participant are engaged in the following protect ("Pro t6l Project Name: DEPARTMENT's Traffic Signalization Push Project: cost of installing and painting a total of six trombone mast arm tra al assemblies along SRS061Atlantic Avenue at the intersections of Venetian Dive Gleason Street Project #: 435299-1-52-02 . County: Palm Beach RWHEREAS, FDOT and Participant desire to estab escrow account for the project. NOW THEREFORE, in consideration of t*_ reNses and the covenants contained herein, the parties agree to the following: Y 1. An initial deposit will ae into an interest bearing escrow account established hereunder for the p s of the Project. The escrow account will be opened with the Escrow Agent on iV of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other de,6Qsi o the escrow account may be made during the life of this agreement. 3. D o s will be delivered in accordance with instructions provided by the Escrow Agent tae FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the 10eferred method of payment and should be used whenever possible. &1� 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. Page 7 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 MOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Particjpant upon request. �\• 9. The Escrow Agent shall not be liable for any error of judgment or for a ��one or omitted b it in good faith or for anything which it may in good faith r efrain from Y g Y g Y g ��Q doing in connection herewith. It 10. Escrow Agent shall have no liability for any claim, cost, expen wage or loss due to the acts or omissions of FDOT and Participant, nor fro separate agreements between FDOT and Participant and shall have no respo 201-1cliated to monitor or enforce any responsibilities herein or in any separate agreer with this Agreement between FDOT and Participant. 11. This Agreement shall be governed b and i reed in accordance with the laws of the g J Y �' State of Florida. 12. This Agreement may be execute tW60or more counterparts, each of which shall be deemed an original, but all of w ' h t C ether shall constitute one and the same instrument. 13. This Agreement shall term'is pon disbursement by the Escrow Agent of all money held by it in the escrow count in accordance with the instructions given by FDOT's Comptroller or des' nd notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. Page 8 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 Federal Employer I.D. Number Title F-596-000-308-Off Date Federal Employ 1. umber Date 0 For Escrow Agent (signature) 0 Name and Title !� Date l� Page 9 EXHIBIT C MAVVMNANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF DELRAY BEACH Page 10 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atlantic Avenue FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 201 and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, onent agency of the State of Florida, hereinafter called the DEPARTMENT, and City of a Beach, a municipal corporation existing under the Laws of Florida, hereinafter called t NCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State R /Atlantic and J Ave;, WHEREAS, the DEPARTMENT seeks to install and h r'Draintained by the AGENCY certain highway improvements; and WHEREAS, as part of the continual updating of State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection investment and other reasons, has constructed and does maintain State Road 8061A#Ian Ave (within the limits of the AGENCY); and WHEREAS, it is the intent of the Ve CY and the DEPARTMENT that the AGENCY shall maintain the color coated painted tr ma st arm assemblies (includes upright pole and arm) within the project limits under Pro c umber(s)435299-1-52-01 and 435299-1-52-02 along State Road 806/Atlantic Ave betwe, i a Post (M.P.) 8.957 to M.P. 9.040; and WHEREAS, the Proje ves the scope of work as described within Exhibit A (Project Location and Description) ibit B (Signalization Plans), which will benefit the AGENCY; and WHEREAS AGENCY has agreed to enter into a Local Funded Agreement (LFA) to fund the costs di tial to install a trombone mast arm assembly and paint, to be executed concurrently wit AGREEMENT as indicated in Exhibit A (Project Location and Description) and Exhibi tS finalization Plans); and EREAS, the AGENCY has no objection to this project, as indicated in Exhibit C (City of each Commitment Letter); and WHEREAS, Palm Beach County (the maintaining signal agency), has no objection to this project as indicated in Exhibit D (palm Beach County Acknowledgement Letter), and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 attached hereto and by this reference made a park hereof, desires to enter into this AGREEMENT Page 1 of 31 and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT has issued Project Number(s) 435299-1-52-01 and 435299- to install color coated painted trombone mast arm assemblies (includes upright p arm) along State Road 8061Atlantic Ave between M.P 8.957 to M.P. 9.040 as det ' i i Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans h t will benefit the AGENCY. 3, MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements as pro ' herein.--Maintenance by the AGENCY will include repair, restoration, and ge lI aintenance of the color coated painted trombone mast arm assemblies (incl 'rpright pole and arm) within the project limits. Non-standard items are defined s requested by the AGENCY that are not defined in the DEPARTMENT'S Dn andards. This includes all color coated painted trombone mast arm asse (includes upright pole and arm) installed along State Road 8061Atlantic A in the project limits as referenced in Exhibit A(Project Location and Descriptio 1) The AGENCY shall be solely res onsible for the maintenance and preservation of all color coated painted tromb Ast arm assemblies (includes upright pole and arm) within the project Ii he AGENCY shall inspect the painted color coatings on a yearly ba Il Maintenance or restoration activities shall be performed in accordaEicc with a Maintenance Plan, as approved by the DEPARTMENT, ape the requirements in Exhibit E (Maintenance Plan Requirements). ` }� 2) The above na nctions to be performed by the AGENCY may be subject to periodic ins e� s by the DEPARTMENT at the discretion of the DEPARTMENT. Such ins c findings will be shared with the AGENCY and shall be the basis of all d si s regarding, reworking or AGREEMENT termination. The AGENCY shat o ange or deviate from the AGENCY's approved Maintenance Plan as re ed in Exhibit E (Maintenance Plan Requirements) without written a val from the DEPARTMENT. e AGENCY shall be solely responsible for any damages to surrounding roperty, real estate, vehicles, pedestrians, attachments to the light poles, or other assets occurring as a result of maintaining the painted color coating operations and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT. B. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT and any amendments hereafter) and all costs related thereto: (a) FDOT Plans Page 2 of 31 Preparation Manual (PPM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, as amended, (d) FDOT Design Standards and (e) Manual on Uniform Traffic Control Devices (MUTCD). 1) The AGENCY shall be responsible for only the improvements as referenced in Exhibit A (Project Location and Description) immediately after final acceptance of the construction project by the DEPARTMENT. The improvements under this Project are subject to a Warranty Period per DEPARTMENT Specifications Section 649 or as modified. Said Warranty will be transferred and assigns e he AGENCY upon final acceptance of the Project. 0 C. The above named functions to be performed by the AGENCY ma bject to periodic inspections by the DEPARTMENT at the discretion of the : RTMENT. Such inspection findings will be shared with the AGENCY and sh I b e basis of all decisions regarding, repayment, reworking or AGREEMENT t ion. D. Any work impacting traffic flow on State Road 8061Atlanti must be coordinated with the DEPARTMENT. Lane closures must be submit#�fp approval in accordance with DEPARTMENT procedures and policies and V^Nret the goals established in the DEPARTMENT's Open Roads Policy. The D MENT will not unreasonably withhold consent for work performed by the ACs1 NC . 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If, at any time while the terms of this AG -ENT are in effect, it shall come to the attention of the DEPARTMENT th t the 0AGENCY's responsibility as established herein or a part thereof is not bei rdperly accomplished pursuant to the terms of this AGREEMENT, the DEI?A 'fi�l T may issue a written notice, that a deficiency or deficiencies exist(s), by 07ereNafter,a certified letter to the AGENCY, in care of the CITY OF DELRAY BEACH EER, to place the AGENCY on notice regarding its maintenance deficienci the AGENCY shall have a period of sixty (60) days within which to r t the citied deficiency or deficiencies. If said deficiencies are not corrected a time period, the DEPARTMENT may, at its option, proceed under one or m a combination of the following items: 1) The DEP NT may repair any item or a number of items. Corrective actions will be, med with the DEPARTMENT and/or its independent contractor's mat is equipment and personnel. The actual cost for such work will be charged to t? ►GENCY. 2) It AGENCY does not maintain the color coated painted trombone mast arm s emblies (includes upright pole and arm), the DEPARTMENT may remove all 1 he color coated painted trombone mast arm assemblies (includes upright pole and arm) and repair any damaged galvanizing with DEPARTMENT andlor its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 3) The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 4) At the discretion of the DEPARTMENT, terminate the AGREEMENT in accordance with Paragraph 7 of this AGREEMENT and remove, by the DEPARTMENT or its Contractor's personnel, all of the improvements installed under this AGREEMENT and charge the AGENCY the reasonable cost of such Page 3 of 31 removal. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the improvements covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 6, FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional improvements within the limits of the ri ways identified as a result of this document, subject to the following conditions: A. Plans for any new improvements shall be subject to approval by th RTMENT. The AGENCY shall not change or deviate from said plans withou rit en approval by the DEPARTMENT. B. The AGENCY shall procure a permit and/ or Construct reement from the DEPARTMENT, as appropriate. C. All improvements shall be developed and implemented i cr, rdance with appropriate state safety and roadway design standards. N N D. The AGENCY agrees to comply with the requireme is AGREEMENT with regard to any additional improvements installed at no co o e DEPARTMENT. E. If the DEPARTMENT performs work on the ated painted trombone mast arm assemblies (includes upright pole and arm lied as part of this project and causes damage to the painted color coatings, said rated color coatings on the affected color coated painted trombone mast arm �sse,Mies (includes upright pole and arm) will be restored by the DEPARTMENT. •� ' 7. AGREEMENT TERMINATION This AGREEMENT may be term a under any one (1) of the following conditions: A. By the DEPARTMENT if a AGENCY fails to perform its duties under this AGREEMENT, follo n (10) days written notice. The AGENCY shall reimburse the DEPARTMEN y expenditures for the installation of said improvements and the cost to rem d or replace said improvement with the standard improvement or remove in rety. B. By the DF,iP;Q MENT, for refusal by the AGENCY to allow public access to all docume ts, pers, letters, or other material subject to the provisions of Chapter 119, Florid tutes, and made or received by the AGENCY in conjunction with this AGR ENT. C. i mutually agreed to by both parties with a six (6) month written notice. 8. EMENT TERM s term of this AGREEMENT commences upon execution by all parties. The term of this REEMENT shall remain in effect for Fifty (50) years. 9. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, sub consultants, contractors and/or subcontractors. The Page 4 of 31 AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this AGREEMENT keep and maintain in full force and effect, at contractor's sole cost and e Comprehensive General Liability with minimum limits of $1,000,0 per occurrence combined single limit for Bodily Injury Liability and Prop mage Liability and Worker's Compensation insurance with mini mits of $500,000.00 per Liability. Coverage must be afforded on a form re restrictive that the latest edition of the Comprehensive General Li ity and Worker's Compensation policy without restrictive endorsements, as y the Insurance Services Office and shall name the DEPARTMENT as ional insured. 2) AGENCY'S contractor shall furnish AGENCY with aces of Insurance of Endorsements evidencing the insurance coverag ified herein prior to the beginning performance of work under this AGRE T. 3) Coverage is not to cease and is to remain force and effect (subject to cancellation notice) until all performance qui d of AGENCY'S contractor is completed. All policies must be endorse rovide the DEPARTMENT with at least thirty (30) days notice of canc and or/or restriction. If any of the insurance coverages will expire prior# e completion of work, copies of renewal policies shall be furnished at lea t (3Wdays prior to the date of expiration. 10. E-VERIFY REQUIREMENTS N The AGENCY shall A. Utilize the U.S. Departme It Homeland Security's E-Verify system to verify the employment eligibility a�-'new employees hired by the AGENCY for the work performed under this EMENT; and B. Expressly require ntractors performing work or providing services pursuant to the state contr ewise utilize the U.S. Department of Homeland Security's E- Verify syste o rify the employment eligibility of all new employees hired by the subcontraq , ring the contract term. 11. This writing odies the entire AGREEMENT and understanding between the parties hereto an a are no other Agreements and understanding, oral or written, with reference to th�j ct matter (painting of mast arms) hereof that are not merged herein and su er ed hereby except the Landscape Memorandum of Agreement(s) signed between rties, as amended, as to all other improvements not specifically mentioned in this EEMENT. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Page 5 of 31 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1)year; but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties an tes of any nature whatsoever that may arise under or by reason of this AGRE the prosecution or fulfillment of the service hereunder and the character, quali , unt and value thereof; and his decision upon all claims, questions and disputes be final and conclusive upon the parties hereto. 14. ASSIGNMENT This AGREEMENT may not be assigned or transferred by the CY in whole or part without the consent of the DEPARTMENT 15, LAWS GOVERNING This AGREEMENT shall be governed by and constr d irTaccordance with the laws of the State of Florida. In the event of a conflict bet weej portion of the contract and Florida law, the laws of Florida shall prevail. The AGE grees to waive forum and venue and the DEPARTMENT shall determine the forum venue in which any dispute under this AGREEMENT is decided. 16. NOTICES Any and all notices given or requir er this AGREEMENT shall be in writing and either personally delivered with receipt Pc owledgement or sent by certified mail, return receipt requested. All notices shall bpse the following addresses. If to the DEPARTMENT: to the AGENCY: State of Florida D nt of Transportation City of Delray Beach 3400 West Co rr I Blvd 434 South Swinton Avenue Ft. Lauderdal 3309-3421 Delray Beach, FL 33444 District Mai Engineer Attention: City Engineer 17. LI T .XHIBITS mxrmit A: Project Location and Description Sit B: Signalization Plans xhibit C: City of Delray Beach Commitment Letter Exhibit D: Palm Beach County Acknowledgement Letter Exhibit E: Maintenance Plan Requirements Page 6 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. AGENCY BY �\. Chairperson 1 Mayor Attest: (SEAL) Clerk 0 Approval as to Form Date 0 Attorney 1 Page 7 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Operations Director �o V Attest: (SEAL) Executive Secretary 0 Approval as to Form Date 0 Office of the General Counsel 0 Page 8 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atlantic Avenue EXHIBIT A PROJECT LOCATION AND DESCRIPTION A. PROJECT LOCATION • State Road 806/Atlantic Avenue, from Mile Post (M.P.) 8.957 TO M.P. • The DEPARTMENT is installing color coated painted trombon arm assemblies (includes upright pole and arm) as part of a Signalization Iratro ment Project at the intersections of State Road 806/Atlantic Avenue @ Ven iar .drive and State Road 806/Atlantic Avenue @ Gleason Street, City of Delray Be Florida. • The scope of work under this Project is to provide o� coated painted trombone mast arm assemblies (includes upright pole and ar the locations listed below. The AGENCY will maintain the color coated pain*. Or bone mast arm assemblies (includes upright pole and arm) installed under this Pr the duration of this AGREEMENT. B. DESCRIPTION L INSTALLATION OF COLOR CO AINTED TROMBONE MAST ARM ASSEMBLIES (INCLUDES UPRIGHT POLE CAI M) LOCATIONS: • Pole 1: Proposed Pol &on at STA 383+43.03, M.P. 8.957, at NW comer, at West Bound approach, at ction of State Road 806/Atlantic Ave and Venetian Drive, City of Delraeah • Pole 2: e Location at STA 383+78.23, M.P. 8.964, at NE corner, at North Bound antersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delraida • Pole 3: le Location at STA 384+35.00, M.P. 8.974, at SE corner, at East Bou antersection of State Road 806/Atlantic Ave and Venetian Drive, City of IkTrIpy Beach, Florida • ,� : Proposed Pole Location at STA 387+39.64, M.P. 9.032, at NW corner, at West nd approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City f Delray Beach Florida Pole 5: Proposed Pale Location at STA 387+72.53, M.P. 9.038, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 6: Proposed Pole Location at STA 387+83.29, M.P. 9.040, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida Page 9 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palen Beach S.R. No.: 806/Atlantic Avenue EXHIBIT B "�`• Signalization plans prepared by DRMP, Inc. dated July 28, 2014 as approved by the�O DEPARTMENT. SIGNALIZATION PLANS attached Sheets Included: PDF Page Plan Sheet Description Number (#} Sheet (#) 16 1 KEY SHEET qD TABULATION OF QUANTITIES 17 2 GENERAL S 18 3 TEMPO TRAFFIC CONTROL NOTES 19 - 20 4 - 5 SIGNAL ION PLAN 21 6 G DE.,%1GN WORKSHEET 22 7 N% 'ARM TABULATION SHEET 23 - 24 8 — 9 T LITY LOCATION SHEETS 25 10 AST ARM ELEVATION 26 - 27 11 — 12 O MAST ARM DETAILS 28 - 29 CTL-1 — CTI PROJECT SURVEY CONTROL 30 - 31 GR-1 — G REPORT OF CORE BORINGS h emainder of this page intentionally left blank.] y Page 10 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atiantic Avenue EXHIBIT C �`• �o CITY OF DELRAY BEACH COMMITMENT LETTER (attached) [The remainder of this page intentionally left blank. Y o 0 0 v Page I I of 31 i - - DELRAY BEACH bftd All-America City 25 June 2014 s, Jose R. Guerrero, P,E. 200� District 4 Traffic Operations Florida Department of Transportation 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 Re: E Atlantic Ave @ Venetian Dr and E Atlantic Ave @ Gleason St Cost Differential to Install Painted Trombone Mast Arm Assemblies City Project Numbers: 14-.077 & 14-078 Dear Jose: The City of Delray Beach would like to enter into a Local Funds Agreement to have painted trombone mast arm signal assemblies install at the above two referenced intersections. As part of this project, the new assemblies will be painted a brown color, which is to match the color of the other trombone mast arms on Atlantic Ave. The City commits to funding the $120,000 estimated cost, which is the amount of the differential to install painted trombone mast arms and to maintain the painted surface for the life of the signals. Please forward the Local Funds Agreement to my attention so that we can submit the agreement to City Commission for their review and approval. Sincerely, s Randal L. Krejcarek, P.E,, LEED AP Environmental Services Director/City Engineer Cc Terry Stewart, interim City Manager Diane Colona, CRA Executive Director file S:IEngAdminlProjects12014114-078 -E Att-Venetian SignalV-ETTERSItrombone mast arm committ ment letter.doc SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atiantic Avenue EXHIBIT D �\ ��. .�o PALM BEACH COUNTY ACKNOWLEDGEMENT LETTER (attache [The remainder of this page intentionally left blank. 0 0 A � ti 0 Page 13 of 31 c o - 6 Department of Engineering September 4, 1014 and Public Works P.O.Sox 21229 west Palm Beach,FL 33416-1229 Mr. Mark Plass, P.E. (561)684-4000 District Traffic Operations Engineer FAX:(561)684-4050 Florida Department of Transportation, District Four www.pbcgov.com 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ■ RE: SR-806 (Atlantic Avenue)@ Venetian Drive and Gleason Street,City of Delray Beach PBC Intersection Nos. TS 53275&TS 53280 Palm Beach County Board of County Commissioners Dear Mark- Priscilla A Taylor,mayor palm Beach County has no objection to the City of Delray Beach painting and/or Paulette Burdick,Vice Mayor maintaining the paint finish on the traffic signal mast arms and related structures at the intersections of Atlantic Avenue &Venetian Drive and Atlantic Avenue & Hal R.Valeche Gleason Street. We also do not object to the City of Delray Beach and the Shelley Vana Department entering into a maintenance agreement to perform and/or maintain the mast arm painting in accordance with the District's mast arm painting steven L.Abrams procedures and any other applicable paint-over galvanized steel structure Mary Lou Berger standards and specifications. County staff would, however, appreciate at least seven (7) calendar day's notification of any scheduled paint finish maintenance ,less R.Santamaria work to avoid any conflicts with signal equipment maintenance to be performed by our agency. If you have any questions, please feel free to contact me at County Administrator (561) 684-4030. Robert Weisman SlriC ly, Dan Weisberg, P.E. Director-Traffic Division cc: Kim Graham,P.E.,Assistant Director,Traffic Division Fattoush N.7afar,P.E.,PhD.,Signal Design Engineer,Traffic Division Michael L.Ehora,Superintendent,Traffic Operations DW:7E vc File: ersection#53275&53280 F:1TR�kFFiC\Signals\projects153280 E Atlantic Ave&Gleason St1FDOT\TS 53275&53280- Mast Arm Maintenance Ltr.docx An Equal Opportunity AfffrmariveAction Employer" ca printed on recycled paper SECTION NO.: 93030 FM No.[s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atlantic Avenue EXHIBIT E "�'• .�o MAINTENANCE PLAN REQUIREMENTS The AGENCY shall submit to the DEPARTMENT a maintenance plan d the means and methods for accomplishing repairs to the color coated painted tromb st arm assemblies (includes upright pole and arm) in accordance with all DEPARTME andards, Procedures and Specifications. This plan must be submitted and approved boop DEPARTMENT prior to commencing any maintenance or repair activities. The plan s I t minimum detail how the AGENCY will address the following: 1. Providing for continuous traffic control and nec traffic control devices as required for the safe movement of traffic of vehicular estrian traffic past the location of the structure being repaired for the duration of th pair in accordance with DEPARTMENT Standards, Procedures and Specificatio S. 2. Protection of adjacent surroun property, real estate, vehicles, pedestrians, attachments to the light poles,O r assets during the preparation and recoating of surfaces. (� 3. Containment of debris o taeials used in or resulting from the repair. After the maintenance tV�la$s approved, the AGENCY shall submit a work plan to the DEPARTMENT fora oprior to each repair to be performed detailing: 1. The propodate of the repair 2. Th ti on of the repair 3, nature of the repair he materials to be used for the repair 5. 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C y C O 2 N C � w —° z �' w aa�ti za >1qz 94 H �- e � ww � zz �a6 - z g w OEPrH (FE-- 2 N o � RV a 0. z G � 3 q o 2 a e z w � t N z z h T 3 a 4 4 k W t r w m m w c: e, z " H11 l dlklii L11 f 133.11 H1230 �� q CD I" z a zs s Rl z wit 'w"O� 'a ' ¢ `x ccc�i�3 - 2 LLJ w � 0 Ln i U w � yDEF7H fFEfT) 4 N M N 33II 6` 3 Cr - E 1 e rc CL w 1 W w I�1 z z is z H`r4 44 4 X H 04 R ti 3 40 ¢ o L ~ 4 V w ti M z z a e $ i w � h w z z z I t } o� y wwaw zo if ` wd k i � U I z q Q R o 133 1 Hid3� EIT Y BF DELRRY BEREH DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 • 561/243-7000 All-America City r � 1993 2001 CEB, TIFICATION 1, CHEVELLE D. N BIN, 11 MC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 60-14, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 2nd day of December 2014. IN WITNESS WHEREOF, I have Hereunto set my Band and the official seal of the City of Delray Beach, Florida, on this the 5t1i day of December, 2014. Chevelle D. Nubin, MMC City Clerk ,• City of Delray Beach, Florida (SEAL) SERVICE ` PERFORMANCE INTEGRITY RE5PON5IBLE INNOVATIVE TEAMWORK RESOLUTION NO. 60-14 A RESOLUTION OF THE CITY COTTAMISSION OF TIME CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLALNTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, the City of Delray Beach, F1oi-ida desires to approve the Locally Funded Agreement for the construction and funding trombone mast am traffic signal assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the is execution of the agreement.;and WHEREAS,the City Co Mon authorizes the execution of the AgteenneYit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COTNEVIISSION OI-� THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the recitals set fottln above axe incotpotated as if fully set forth herein_ Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Department of Transportation and anthorizes the execution thereof. PASSED AND ADOPTED in regular session oil this the 2"day of December, 2014 -z UYOR ATTEST: City Clerk i i i i 1 Centennial FDOT 1915*2015 Florida Department of Transportation RICK SCOT 3400 West Commercial Blvd. JIM BOXOLD GOVERNOR Fort Lauderdale,FL 33349 SECRETARY January 28, 2015 Mr. Isaac Kovner, P.E. City Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Re: Locally Funded Agreement FM No.: 435299-1-52-01102 Description: The cost differential needed to install and paint a total of six trombone mast arm traffic signal assemblies along SR-806/Atlantic Avenue at the intersection of Venetian Drive and Gleason Street during the Department's Traffic Signalization Push-Button Project Dear Mr. Kovner: 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. 60-14. 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 lk/s enc: LFA's copy: Jose Guerrero, Project Manager Antonette P. Adams, Work Program Manager LFA Section File www.dot.state.fLus FM No: 435299-1-52-02 FEID No:VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this 2-6 of ,'� = 20 ►05 , by and between the State of Florida Department of Transportation hereinafe called the DEPARTMENT, and the City of Delray Beach located at 100 N.W. 1"Avenue, Delray Beach, FL 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain aesthetic improvements in connection with the DEPARTMENT's Traffic Signalization Push-Button Project for Palm Beach County, Florida (Financial Management(FM) Number 435299-1-52-02, Funded in Fiscal Year 2014/2015); and WHEREAS, the PARTICIPANT is providing the DEPARTMENT with payment for the cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR8061Atlantic Avenue at the intersections of Venetian Drive and Gleason Street, 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 WHEREAS, the PARTICIPANT by Resolution No. adopted on 20�, a copy of which is attached hereto and made a part hereof, authorizes the proper officials 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 PARTICIPANT is responsible for 100% of the Project costs. The total cost for the Project is estimated to be TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40). The PARTICIPANT shall pay for the total amount estimated at TWO HUNDRED FORTY Paae 1 SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project results in a decrease to the PARTICIPANT's share, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project 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. The PARTICIPANT agrees that it will, within thirty(30)days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, this Agreement will be terminated and the painted trombone mast arm traffic signal assemblies will not be installed. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 435299-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 435299-1-52-02. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit-Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 A. If the Project costs are in excess of the advance deposit, 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 the Project costs are in excess of the advance 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 PARTICPANT'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. B. Should Project modifications occur that increase the PARTICIPANT's cost for the Project, 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 Page 2 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 cost will exceed the PARTICIPANT's payment. 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, for 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 of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. C. 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 Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction 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, a refund of the excess will be made by the DEPARTMENT 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. D. 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. E. Payments of funds under this Agreement will be sent directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached 3 Party Escrow Agreement 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. 5. 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. 6. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. Page 3 7. Upon completion of the Project, the PARTICIPANT shall be responsible for the maintenance of the painted mast arms. The PARTICIPANT will comply with the provisions set forth in the Maintenance Memorandum of Agreement (MOA) 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 Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 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 is completed as evidenced by the written acceptance of the DEPARTMENT, or June 30, 2016 whichever occurs first. 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 1 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 1 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 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. Page 4 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: Jose Guerrero A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attn: Isaac Kovner, P.E. City Engineer With a copy to: City Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specifi d herein. Authorization has been given to enter into and execute this Agreement by Resolution No. 'C0 — 14 hereto attached. STATE OF FLORIDA CITY OF DELRAY BEACH DEPARTMENT OF TRANSPORTATION O Ft BY: BY: t` f tk9 (i, COURT DRU ND, P.E.' NAME: _ ry _ TITLE: lulbr DIRECTOR OF TRANSPORTA N.OR F YJC OF F ATTEST: LEGAL REVIEW: BY: CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED: APPROVI=D: BY: BY: CITY ATTORNEY DISTRICT RAM MANAGEMENT ENGINEER Pate 5 EXHIBIT SCOPE OF SERVICES FM# 435299-1 -52-02 The installation of six trombone mast arm traffic signal assemblies at two intersections that shall be painted Bronze, per the PARTICIPANT's request. The PARTICIPANT and the DEPARTMENT engineer shall approve the paint chips supplied by the contractor prior to the procurement of the mast arm, The PARTICIPANT shall be responsible for the maintenance of the paint system after the work is completed. Page 6 Exhibit B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become of 24ve upon the Agreement's execution by Escrow Agent. 0 WHEREAS, FDOT and Participant are engaged in the following project ("Pro 'T Project Name: DEPARTMENT's Traffic Signalization Push Project: cost of installing and painting a total of six trombone mast arm traft al assemblies along SR8061Atlantic Avenue at the intersections of Venetian Gleason Street Project#: 435299-1-52-02 O�ve County: Palm Beach O WHEREAS, FDOT and Participant desire to estab s� an escrow account for the project. ..a NOW THEREFORE, in consideration of t* remises and the covenants contained herein, the parties agree to the following: y 1. An initial deposit will ee into an interest bearing escrow account established hereunder for the pu s of the Project. The escrow account will be opened with the Escrow Agent on bf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other d si o the escrow account may be made during the life of this agreement. 3. D o s will be delivered in accordance with instructions provided by the Escrow Agent toe FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the 108ferred method of payment and should be used whenever possible. &1� 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. Page 7 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 a S one or omitted by it in good faith, or for anything which it may in good faith ��Nrain from doing in connection herewith. V 10. Escrow Agent shall have no liability for any claim, cost, expen age or loss due to the acts or omissions of FDOT and Participant, nor fro separate agreements between FDOT and Participant and shall have no respo alit to monitor or enforce any responsibilities herein or in any separate agreemen ociated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed b and i reed in accordance with the laws of the 9 9 Y State of Florida. 12. This Agreement may be execute tM or more counterparts, each of which shall be deemed an original, but all of w i h t ether shall constitute one and the same instrument. 13. This Agreement shall term pon disbursement by the Escrow Agent of all money held by it in the escrow ScInd unt in accordance with the instructions given by FDOT's Comptroller or des' notification from FDOT to Escrow Agent that the account is to be closed. Y The remainder of this page is blank. Page 8 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For MOT (signature) For PARTICIPANT (signature) Name and Title Name 0 59-3024028 Federal Employer I-D. Number Title �J F-596-000-308-Off Date Federal Employ umber Date 0 For Escrow Agent (signature) ti 0 Name and Title (C Date'( Page 9 EXHIBIT C MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF DELRR Y. BEACH Pabe 10 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 201 and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, anent agency of the State of Florida, hereinafter called the DEPARTMENT, and City of a Beach, a municipal corporation existing under the Laws of Florida, hereinafter called t NCY. WITNESSETH: C� WHEREAS the DEPARTMENT has jurisdiction over State R /Atlantic Ave-,.and WHEREAS, the DEPARTMENT seeks to install and h ntained by the AGENCY certain highway improvements; and WHEREAS, as part of the continual updating of to of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection investment and other reasons, has constructed and does maintain State Road 8061Atlan ' Ave (within the limits of the AGENCY); and •' WHEREAS, it is the intent of the Ve Y and the DEPARTMENT that the AGENCY shall maintain the color coated painted tr mast arm assemblies (includes upright pole and arm) within the project limits under Pro j c umber(s) 435299-1-52-01 and 435299-1-52-02 along State Road 806/Atlantic Ave betwe,�[ie Post (M.P.) 8.957 to M.P. 9.040; and WHEREAS, the Proje �ves the scope of work as described within Exhibit A (Project Location and Description) ibit B (Signalization Plans), which will benefit the AGENCY; and WHEREAS IGENCY has agreed to enter into a Local Funded Agreement (LFA) to fund the costs di tial to install a trombone mast arm assembly and paint, to be executed concurrently wit AGREEMENT as indicated in Exhibit A (Project Location and Description) and Exhib(t(S finalization Plans); and of e !EREAS, the AGENCY has no objection to this project, as indicated in Exhibit C (City each Commitment Letter); and EREAS, Palm Beach County (the maintaining signal agency), has no objection to this project as indicated in Exhibit D (Palm Beach County Acknowledgement Letter); and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this AGREEMENT Page 1 of 31 and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT has issued Project Number(s) 435299-1-52-01 and 435299- to install color coated painted trombone mast arm assemblies (includes upright p arm) along State Road 806/Atlantic Ave between M.P 8.957 to M.P. 9.040 as det i Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans h t will benefit the AGENCY. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements as pro ' herein.-Maintenance by the AGENCY will include repair, restoration, and ge I aintenance of the color coated painted trombone mast arm assemblies (incl pright pole and arm) within the project limits. Non-standard items are defined aws requested by the AGENCY that are not defined in the DEPARTMENT'S De4n Nandards. This includes all color coated painted trombone mast arm asse �K (includes upright pole and arm) installed along State Road 806/Atlantic A in the project limits as referenced in Exhibit A (Project Location and Descriptio 1) The AGENCY shall be solely res onsi�ole for the maintenance and preservation of all color coated painted tromb Est arm assemblies (includes upright pole and arm) within the project li The AGENCY shall inspect the painted color coatings on a yearly ba II Maintenance or restoration activities shall be performed in accorda tc with a Maintenance Plan, as approved by the DEPARTMENT, ape the requirements in Exhibit E (Maintenance Plan Requirements). �y 2) The above na nctions to be performed by the AGENCY may be subject to periodic insilell i s by the DEPARTMENT at the discretion of the DEPARTMENT. Such ins c findings will be shared with the AGENCY and shall be the basis of all d isi s regarding, reworking or AGREEMENT termination. The AGENCY shat o ange or deviate from the AGENCY's approved Maintenance Plan as rFeAGENCY ed in Exhibit E (Maintenance Plan Requirements) without written a l from the DEPARTMENT. shall be solely responsible for any damages to surrounding roperty, real estate, vehicles, pedestrians, attachments to the light poles, or other assets occurring as a result of maintaining the painted color coating operations c and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT. B. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT and any amendments hereafter) and all costs related thereto: (a) FDOT Plans Page 2 of 31 Preparation Manual (PPM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, as amended, (d) FDOT Design Standards and (e) Manual on Uniform Traffic Control Devices (MUTCD). 1) The AGENCY shall be responsible for only the improvements as referenced in Exhibit A (Project Location and Description) immediately after final acceptance of the construction project by the DEPARTMENT. The improvements under this Project are subject to a Warranty Period per DEPARTMENT Specifications Section 649 or as modified. Said Warranty will be transferred and assigne The AGENCY upon final acceptance of the Project. O C. The above named functions to be performed by the AGENCY ma bject to periodic inspections by the DEPARTMENT at the discretion of the RTMENT. Such inspection findings will be shared with the AGENCY eshn e basis of all decisions regarding, repayment, reworking or AGREEMEon. D. Any work impacting traffic flow on State Road 806/Atlanti be coordinated with the DEPARTMENT. Lane closures must be submi l in accordance with DEPARTMENT procedures and policies and yve7NNet the goals established in the DEPARTMENT's Open Roads Policy. The D MENT will not unreasonably withhold consent for work performed by the AC NC . 4. NOTICE OF MAINTENANCE DEFICIENCIES 0� A. If, at any time while the terms of this AG�NIENT are in effect, it shall come to the attention of the DEPARTMENT th t tha'AGENCY's responsibility as established herein or a part thereof is not bei rdperly accomplished pursuant to the terms of this AGREEMENT, the DEPA T may issue a written notice, that a deficiency or deficiencies exist(s), by s a certified letter to the AGENCY, in care of the CITY OF DELRAY BEACH NEER, to place the AGENCY on notice regarding its maintenance deficienci ereafter, the AGENCY shall have a period of sixty (60) days within which to r t the citied deficiency or deficiencies. if said deficiencies are not corrected e time period, the DEPARTMENT may, at its option, proceed under one or m a combination of the following items: 1) The DEP NT may repair any item or a number of items. Corrective actions will be med with the DEPARTMENT and/or its independent contractor's mat is equipment and personnel. The actual cost for such work will be charged to f14GENCY. 2) Ife AGENCY does not maintain the color coated painted trombone mast arm `. s emblies (includes upright pole and arm), the DEPARTMENT may remove all he color coated painted trombone mast arm assemblies (includes upright pole and arm) and repair any damaged galvanizing with DEPARTMENT andlor its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 3) The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 4) At the discretion of the DEPARTMENT, terminate the AGREEMENT in accordance with Paragraph 7 of this AGREEMENT and remove, by the DEPARTMENT or its Contractor's personnel, all of the improvements installed under this AGREEMENT and charge the AGENCY the reasonable cost of such Page 3 of 31 removal. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the improvements covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 6. FUTURE AGENCY IMPROVEMENTS • The AGENCY may construct additional improvements within the limits of the ri ways identified as a result of this document, subject to the following conditions: ZNP A. Plans for any new improvements shall be subject to approval by th � RTMENT, The AGENCY shall not change or deviate from said plans withou rit en approval by the DEPARTMENT. B. The AGENCY shall procure a permit and/ or Construiccridance� rEeement from the DEPARTMENT, as appropriate. C. All improvements shall be developed and implemented ' with appropriate state safety and roadway design standards. D. The AGENCY agrees to comply with the requireme is AGREEMENT with regard to any additional improvements installed at no co o e DEPARTMENT. E. If the DEPARTMENT performs work on the oated painted trombone mast arm assemblies (includes upright pole and arm fled as part of this project and causes damage to the painted color coatings, said anted color coatings on the affected color coated painted trombone mast arm;ern6lies (includes upright pole and arm) will be restored by the DEPARTMENT. 7. AGREEMENT TERMINATION This AGREEMENT may be term a under any one (1) of the following conditions: A. By the DEPARTMENT if a AGENCY fails to perform its duties under this AGREEMENT, follo n (10) days written notice. The AGENCY shall reimburse the DEPARTMEN y expenditures for the installation of said improvements and the cost to rem d or replace said improvement with the standard improvement or remove in rety. B. By the DEPA MENT, for refusal by the AGENCY to allow public access to all docume ts, pers, letters, or other material subject to the provisions of Chapter 119 Florid tutes, and made or received by the AGENCY in conjunction with this AGR ENT. C. i mutually agreed to by both parties with a six (6) month written notice. 8. EMENT TERM term of this AGREEMENT commences upon execution by all parties. The term of this REEMENT shall remain in effect for Fifty (50) years. 9. LIABILITYAND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, sub consultants, contractors and/or subcontractors. The Page 4 of 31 AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this AGREEMENT keep and maintain in full force and effect, at contractor's sole cost and e Comprehensive General Liability with minimum limits of $1,000,0 per occurrence combined single limit for Bodily Injury Liability and Prop mage Liability and Worker's Compensation insurance with mini mits of $500;000.00 per Liability. Coverage must be afforded on a form re restrictive that the latest edition of the Comprehensive General Li ity and Worker's Compensation policy without restrictive endorsements, as F y the Insurance Services Office and shall name the DEPARTMENT as nal insured. 2) AGENCY'S contractor shall furnish AGENCY with of Insurance of Endorsements evidencing the insurance coverag ified herein prior to the beginning performance of work under this AGRE T. 3) Coverage is not to cease and is to remain force and effect (subject to cancellation notice) until all performance qui d of AGENCY'S contractor is completed. All policies must be endorse rovide the DEPARTMENT with at least thirty (30) days notice of cancel LNINQ6 and or/or restriction. If any of the insurance coverages will expire prior t64Fe completion of work, copies of renewal policies shall be furnished at lea t (30}'days prior to the date of expiration. 10. E-VERIFY REQUIREMENTS The AGENCY shall A. Utilize the U.S. Departme t Homeland Security's E-Verify system to verify the employment eligibility a new employees hired by the AGENCY for the work performed under this ` CEMENT; and B. Expressly require ntractors performing work or providing services pursuant to the state contr ewise utilize the U.S. Department of Homeland Security's E- Verify syste o rify the employment eligibility of all new employees hired by the subcontrac ring the contract term. 11. This writin odies the entire AGREEMENT and understanding between the parties hereto an a are no other Agreements and understanding, oral or written, with reference to th j ct matter (painting of mast arms) hereof that are not merged herein and su er ed hereby except the Landscape Memorandum of Agreement(s) signed between rties, as amended, as to all other improvements not specifically mentioned in this EEMENT. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Page 5 of 31 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties an tes of any nature whatsoever that may arise under or by reason of this AGRE the prosecution or fulfillment of the service hereunder and the character, quali , unt and value thereof; and his decision upon all claims, questions and disputes I be final and conclusive upon the parties hereto. 14. ASSIGNMENT This AGREEMENT may not be assigned or transferred by the CY in whole or park without the consent of the DEPARTMENT. 15. LAWS GOVERNING ''O This AGREEMENT shall be governed by and constrl�d irTaccordance with the laws of the State of Florida. In the event of a conflict bet wee Aj portion of the contract and Florida law, the laws of Florida shall prevail. The AGE green to waive forum and venue and the DEPARTMENT shall determine the forum venue in which any dispute under this AGREEMENT is decided. •' 16. NOTICES Any and all notices given or require er this AGREEMENT shall be in writing and either personally delivered with receipt P( or sent by certified mail, return receipt requested. All notices shall been o the following addresses. If to the DEPARTMENT: to the AGENCY: State of Florida De nt of Transportation City of Delray Beach 3400 West Co r r I Blvd 434 South Swinton Avenue Ft. Lau derdal 3309-3421 Delray Beach, FL 33444 District Mair nce Engineer Attention: City Engineer L 17. LI TXHIBITS it A: Project Location and Description it B: Signalization Plans xhibit C: City of Delray Beach Commitment Letter Exhibit D: Palm Beach County Acknowledgement Letter Exhibit E: Maintenance Plan Requirements Page 6 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. AGENCY By: Chairperson 1 Mayor .�o Attest: (SEAL) Clerk Y 0 Approval as to Form Date 0 Attorney '� ) 0 Page 7 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �• By. OTransportation Operations Director Attest: (SEAL) Executive Secretary 0 Approval as to Form Date 0 Office of the General Counsel 0 Page 8 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806IAtIantic Avenue EXHIBIT A PROJECT LOCATION AND DESCRIPTION A. PROJECT LOCATION �O • State Road 806/Atlantic Avenue, from Mile Post (M.P.) 8.957 TO M.P. • The DEPARTMENT is installing color coated painted trombon arm assemblies (includes upright pole and arm) as part of a Signalization In2tro 'ment Project at the intersections of State Road 806/Atlantic Avenue @ Ven is rive and State Road 806/Atlantic Avenue @ Gleason Street, City of Delray Be N lorida. • The scope of work under this Project is to provide 'Q�coated painted trombone mast arm assemblies (includes upright pole and ar the locations listed below. The AGENCY will maintain the color coated painte o bone mast arm assemblies (includes upright pole and arm) installed under this Pr or the duration of this AGREEMENT. B. DESCRIPTION INSTALLATION OF COLOR CO AINTED TROMBONE MAST ARM ASSEMBLIES (INCLUDES UPRIGHT POLE CAI M) LOCATIONS: • Pole 1: Proposed Polk ion at STA 383+43.03, M.P. 8.957, at NW corner, at West Bound approach, at t ction of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, • Pole 2: Propo e Location at STA 383+78.23, M.P. 8.964, at NE corner, at North Bound appr a t Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray h, Florida • Pole 3: sed Pole Location at STA 384+35.00, M.P. 8.974 at SE corner, at East Bour r ap roach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Beach, Florida • 64V 4- Proposed Pole Location at STA 387+39.64, M.P. 9.032, at NW corner, at West '�$ nd approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City f Delray Beach, Florida Pole 5: Proposed Pole Location at STA 387+72.53, M.P. 9.038, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 6: Proposed Pole Location at STA 387+83.29, M.P. 9.040, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida Page 9 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806IAtiantic Avenue EXHIBIT B �\ a Signalization plans prepared by DRMP, Inc. dated July 28, 2014 as approved by the�O DEPARTMENT. SIGNALIZATION PLANS attached { ) Sheets Included: PDF Page Plan Sheet Description Number (#) Sheet (#) 'CEO 16 1 KEY SHEET D TABULATION OF QUANTITIES 17 2 GENERAL S 18 3 TEMPO TRAFFIC CONTROL NOTES 19 - 20 4- 5 SIGNAL ION PLAN 21 6 GIDE,STGN WORKSHEET� 22 7 T'ARM TABULATION SHEET 23 - 24 8 — 9 T LITY LOCATION SHEETS 25 10 AST ARM ELEVATION 26 - 27 11 - 12 O MAST ARM DETAILS 28 - 29 CTL-1 — CT PROJECT SURVEY CONTROL 30 - 31 GR-1 — G REPORT OF CORE BORINGS A0h emainder of this page intentionally left blank.] 7 Page 10 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 8061Atiantic Avenue EXHIBIT C �O CITY OF DELRAY BEACH COMMITMENT LETTER (attached) [The remainder of this page intentionally left blank. O 0 0 Page 11 of 31 DELRAY BEACH .awll•Ar arigaIN4 25 June 2014 993 Jose R. Guerrero, P.E. 2001 District 4 Traffic Operations Florida Department of Transportation 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 Re: E Atlantic Ave @ Venetian Dr and E Atlantic Ave @ Gleason St Cost Differential to Install Painted Trombone Mast Arm Assemblies City Project Numbers: 14-077 & 14-078 Dear Jose: The City of Delray Beach would like to enter into a Local Funds Agreement to have painted trombone mast arm signal assemblies install at the above two referenced intersections. As part of this project, the new assemblies will be painted a brown color, which is to match the color of the other trombone mast arms on Atlantic Ave. The City commits to funding the $120,000 estimated cost, which is the amount of the differential to install painted trombone mast arms and to maintain the painted surface for the life of the signals. Please forward the Local Funds Agreement to my attention so that we can submit the agreement to City Commission for their review and approval. Sincerely, Randal L. Krejcarek, P.E., LEED AP Environmental Services Director/City Engineer Cc Terry Stewart, Interim City Manager Diane Colona, CRA Executive Director file S:IEngAdminlProjects12014114-078 -E At!-Venetian Sign aIILETTERSItrombone mast arm committment letter.doc SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT D PALM BEACH COUNTY ACKNOWLEDGEMENT LETTER (attache �O [The remainder of this page intentionally left blank. 0 0 0 ti Page 13 of 31 �b ACH" Department of Engineering September 4, 1014 and Public Works P.O.Box 21229 West palm Beach,FL 33410-1229 Mr. Mark Plass, P.E. 15611684.4000 District Traffic Operations Engineer FAX:(561)684-4050 Florida Department of Transportation,District Four www.pbcgov.corn 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ■ RE: SR-806 (Atlantic Avenue)@ Venetian Drive and Gleason Street, City of Delray Beach Palm Beach county PBC Intersection Nos. TS 53275 & TS 53280 Board of County Commissioners Dear Mark: Priscilla A.Taylor, Mayor palm Beach County has no objection to the City of Delray Beach painting and/or Paulette Burdick,Vice Mayor maintaining the paint finish on the traffic signal mast arms and related structures at the intersections of Atlantic Avenue &Venetian Drive and Atlantic Avenue& Hal R.Valeche Gleason Street. We also do not object to the City of Delray Beach and the Shelley Vana Department entering into a maintenance agreement to perform and/or maintain the mast arm painting in accordance with the District's mast arm painting Steven L.Abrams procedures and any other applicable paint-over galvanized steel structure Mary Lou Berger standards and specifications. County staff would, however, appreciate at least seven (7) calendar day's notification of any scheduled paint finish maintenance Jess R.Saniamaria work to avoid any conflicts with signal equipment maintenance to be performed by our agency. if you have any questions, please feel free to contact isle at County Administrator (561) 684-4030. Robert Weisman Sily, Dan Weisberg, P.E. Director-Traffic Division cc: Kim Grd6n,P.G.,Assistant Director,Tragic Division Fattoush N.Jafar,P.E., PhD.,Signal Design Engineer,Traffic Division Michael L-Ehora,Superintendent,Traffic Operations DW:1E vc File:�ersection#53275&53280 F. 41 FFTCISignalslProjects153280_E Atlantic Ave&Gleason St1FDOT\TS 53275&53280- Mast Arm Maintenance Ltr.docx "Ail Equal Opportunity Affirmative Action Emp2ayer" prinlsd on recyclad paper SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S,R. No.: 806/Atlantic Avenue EXHIBIT E �� • .�o MAINTENANCE PLAN REQUIREMENTS The AGENCY shall submit to the DEPARTMENT a maintenance plan d the means and methods for accomplishing repairs to the valor coated painted tromb st arm assemblies (includes upright pole and arm) in accordance with all DEPARTME andards, Procedures and Specifications. This plan must be submitted and approved DEPARTMENT prior to commencing any maintenance or repair activities. The plan s t minimum detail how the AGENCY will address the following: 1. Providing for continuous traffic control and nec traffic control devices as required for the safe movement of traffic of vehicular estrian traffic past the location of the structure being repaired for the duration of the pair in accordance with DEPARTMENT Standards, Procedures and Specificatio S. .•' 2. Protection of adjacent surroun property, real estate, vehicles, pedestrians, attachments to the light poles,O r assets during the preparation and recoating of surfaces. 3. Containment of debris o tdtials used in or resulting from the repair. After the maintenance la is approved, the AGENCY shall submit a work plan to the DEPARTMENT for apoo� prior to each repair to be performed detailing: Y 1. The propdsdate of the repair 2. Th tibn of the repair 3. nature of the repair -he materials to be used for the repair 5. The methods to be used for the repair Page 15 of 31 C I tn� N P C 2 ' krN� QO !�. 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W z � x � x x I ^l QLLQ� f x 2 V 7 m 2 N ti S i F h � N C ZLGL ip CL � U O f 133.E�r=td3Q EITY OF DELRRY BEREH DEFRAY BEACH °� CITY CLERK 100 N.W. 1st AVENUE F DELRAY BEACH, FLORIDA 33444 < 5611243-7000 All-America City I 11 1 C 1993 2001 CERTIFICATI ® N 1, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 60-14, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 2nd day of December 2014. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 511, day of December, 2014. Chevelle D. Nubin, MNIC City Clerk City of Delray Beach, Florida (SEAL) _. ERVICE �' Ef F`�P.IliANCC S NTEGRITY t" ESPGNSTBI_E INNOVATIVE trEAhr1V�/�RK RESOLUTION NO. 60-14 A RESOLUTION OF THE CITY CO_NIWSSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE .LOCALLY FUNDED AGREE1dIENT FOR THE CONSTRUCTION AND FUNDING OF TRomBONM MAST.,M1 TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANT UC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EYECUTION OF THE AGREEMENT. AS the City of Delray Florida desires to a. save the Locally Funded IERE- Y WF FF ty � Agcecracnt for the construction and fun d in trombone mast arm traffic si�."al assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the execution of the agreement.;and 1 MREAS,the City Commission authorizes the execution of the Agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA:,AS FOLLOWS: Section 1. That the recitals set forth above ate incorporated as if fif]ly set ford,herein_ Section _ The City Commission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Departrnent of Transpo-station and j authorizes the execution thereof- � PASSED.AND ADOPTED in regular session on this the tad &y or Decezn_be 2014 I YOR ATTEST: City Clerk i 1 I EXHIBIT B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), ("Participant"), and the State of Florida, Department of Financial Services,bivision 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: DEPARTMENT's Traffic Signalization Push-Button Project: cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR8061Atlantic Avenue at the intersections of Venetian Drive and Gleason Street Project#: 435299-1-5202 County: Palm Beach 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. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 7 EXHIBIT B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation (TDOT"), C ��c, �. �� ("Participant"), and the State of Florida, Department of Financial Services, ivision of Tre sury ("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: DEPARTMENT's Traffic Signalization Push-Button Project: cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR8061Atlantic Avenue at the intersections of Venetian Drive and Gleason Street Project#: 435299-1-52-02 County: Palm Beach 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. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 7 EXHIBIT B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), CL'N:4� ("Participant"), and the State of Florida, Department of Financial Services, ivision 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: DEPARTMENT's Traffic Signalization Push-Button Project: cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806/Atlantic Avenue at the intersections of Venetian Drive and Gleason Street Project#: 435299-1-52-02 County: Palm Beach 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. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 7