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HomeMy WebLinkAboutR-22-33 FDOT Rehab US1 from Harrison to DavisRESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 51US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attomey to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Numi The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: Council Member Ed Dodd aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Kelly Dixon MY The Mayor thereupon declared this Resolution duly passed and adopted this 21 at day of November 2022. ATTEST: 4e �A�ucYt u+rw ette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By._ -A — .— — -- Mayor Eyed Jones Approved as to Form and Content for Reliance by the City of Sebastian Only: M y An , Jr. CA ttorney FDOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY June 1, 2023 Paul Carlisle. City of Sebastian 1225 Main Street City of Sebastian, Florida 32958 RE: FM #:432325-1 LFA Amendment One Dear Paul, Enclosed please find a copy of a fully executed FM # 432325-1 LFA Amendment One Also included is a copy of the Resolution No. R-22-33. These 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 954-777-4217. Sincerely, Susan Dale enc: 432325-1 Amendment One copy: District Financial Services Ryan Drendel- FDOT Construction Diego Velazquez — Treasure Coast Operations Work Program Manager File www.fdot.gov I www.d4fdot.com DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-02 Vendor No: VF-596-000-427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF SEBASTIAN LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER ONE 05/31/2023 1 3:55 PM EDT THIS Amendment made and entered into this day of , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and City of Sebastian located at 1225 Main St., Sebastian, FL 32958, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, on December 15, 2022, the parties entered into a Locally Funded Agreement, hereinafter referred to as the Agreement, wherein the PARTICIPANT agreed to provide the DEPARTMENT financial assistance in connection with Financial Management (FM) No. 432325-2-52-02 for the stamped asphalt pavement patterns during the Department's construction work along SR-5/US-1 from Harrison Street to south of Davis Street, in the City of Sebastian, Florida, hereinafter referred to as the Project; and WHEREAS the parties hereto desire to amend the Agreement; and WHEREAS the parties hereto mutually agree that this Amendment is in their best interest. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Agreement dated December 15, 2022, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment increases the PARTICIPANT'S share of the Project, due to the Project apparent lowest bid came in higher than estimated. Paragraph 5 and 5A of the Agreement are hereby amended as follows: The total cost for the Project is estimated to be THREE HUNDRED MILLION NINE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED SIX DOLLARS AND NO CENTS ($3,942,906.00). The PARTICIPANT'S cost for the Project is FOUR HUNDRED EIGHTY THOUSAND ONE HUNDRED FIVE DOLLARS AND NO CENTS ($480,105.00). The PARTICIPANT deposited FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS which was paid to the DEPARTMENT on January 4, 2023. An additional payment of $33,705 was deposited to the DEPARTMENT on March 27, 2023. In the event the total Project cost is less than the funds provided, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. 1 of 3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-02 Vendor No: VF-596-000-427 Paragraphs 5B, 5C are deleted. Paragraph 5D, 5E, 5F, and 5G of the Agreement shall remain in full force and effect. All provisions, covenants, terms, and conditions of the Agreement between the parties theretofore entered into on December 15. 2022, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. The remainder of this page left intentionally blank 2 of 3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-01/02 FFID No: F596000427 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. R-22-33 , hereto attached. ATTEST: CITY OF SEBASTIAN, FLORIDA TY CLERK MAYOR APPROVED7 TO FORM & LEGAL SUFFICIENCY: 7 — �- CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT ATTEST: DocuSigned by: BY: .�'ii8R486FE8684A2. EXECUTIVE SECRETARY APPROVED: DocuSigned by: BY: 7(: 57QR�FfiFq F7 DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DocuSigned by: Bfyw" Y: .. STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSOPORTATION DEVELOPMENT LEGAL REVIEW: Er ocuSigned by: aan G�V�t, S{-c,t, Avu BY: FRRR 2RRArA OFFICE OF THE GENERAL COUNSEL 3 of3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE RESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attorney to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Nunn . The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE Council Member Ed Dodd aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Kelly Dixon nay The Mayor thereupon declared this Resolution duly passed and adopted this 21 st day of November 2022. ATTEST: iJ`�• �anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to Form and Content for Reliance by the City of Sebastian FDOT-.ao-0.10100 Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY December 15, 2022 Paul Carlisle City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Locally Funded agreement (LFA) FM #: 432325-1-52-01 Description: Patterned Pavement along SR-5/US-1 Dear Mr. Carlisle, Enclosed please find a copy of a fully executed Locally Funded Agreement for the Project reference above. Also included is a copy of the Resolution No. 22-033. These 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 954-777-4217. Sincerely, Susan Dale enc: LFA copy: Kris McKirdy Mark Madgar, work program manager LFA section file www.fdot.gov DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01/02 FEID No:F596000427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT 12/15/2022 1 2:24 PM EST This Locally Funded Agreement ("Agreement"), entered into this day by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of Sebastian, located at 1225 Main St, Sebastian, Florida, 32958, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with the DEPARTMENT's construction work along SR-5/US-1 from Harrison Street to south of Davis Street, in the City of Sebastian, Florida. (Financial Management (FM) Number 432325-1-52-01 Funded in Fiscal Year 2023); and WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following additional work (FM Number 432325-1-52-02): stamped asphalt pavement patterns as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the PARTICIPANT has agreed to provide the DEPARTMENT with the additional funding needed for the Project. WHEREAS, the term "Project" in this Agreement shall mean only the work requested by the PARTICIPANT for which the PARTICIPANT will pay for pursuant to this Agreement and is specified in "Exhibit A." 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. R-22-33 adopted on Nov. 21, 2022, 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. Page 1 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01/02 FEID No: F596000427 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT's input in its decisions. 5. The total cost of the DEPARTMENT's construction work and the Project is estimated to be THREE MILLION ONE HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED EIGHTY- ONE DOLLARS AND NO CENTS ($3,132,681.00). The PARTICIPANT's cost of the Project is an estimated amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds paid by the PARTICIPANT, 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. A. The PARTICIPANT agrees that it will, within thirty (30) days of the execution of this agreement, furnish the DEPARTMENT with a check in the amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), for full payment of the estimated Project cost for Locally Funded Project number 432325-1-52-02. The advance deposit shall be the total estimated Project cost of THREE HUNDRED SEVENTY-TWO THOUSAND DOLLARS AND NO CENTS ($372,000.00) plus 20% Contingency OF SEVENTY- FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($74,400.00). The DEPARTMENT may utilize this deposit for payment of the costs of the Project. 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. 432325-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 432325-1-52-02. In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account#4834783896 ABA # 121000248 State of Florida Department of Financial Services Bureau of Collateral Management Re: DOT — K 11-78, Financial Project # 432325-1-52-02 For the DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the reference line must contain "FDOT' and an abbreviated purpose, financial project number or LFA account number. Page 2 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01102 FE1D No: F596000427 Once the wire transfer is complete, the PARTICIPANT shall contact Jennifer Bennett at 850-414-4861. In addition to calling Ms. Bennett, the PARTICIPANT shall send an email notification to D4-LFA@dot.state.fl.us stating the day and time the wire transfer was sent. B. The PARTICIPANT's share of the accepted bid for the Project (hereinafter referred to as "Accepted Bid" and the DEPARTMENTs work amount plus allowances is hereinafter defined as the "Total Accepted Bid". Allowances are hereby defined as contingency, mobilization (MOB), and Maintenance of Traffic (MOT). If the Project costs are in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount, plus allowances, is 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 on final accounting as provided herein below. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to a delay of the Project. C. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the PARTICIPANT in writing. D. Should Project modifications or changes to bid items occur that increase the PARTICIPANT's share of total Project costs, the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award 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 during the Project and on final accounting as provided herein below. Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). E. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers Page 3 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01/02 FEID No: F596000427 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 and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. F. In the event the final accounting of total Project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. G. The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached 3 PEA between PARTICIPANT(S), 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. 6. Upon completion of the Project, the PARTICIPANT will comply with the provisions set forth in the District Four Highway Maintenance of Agreement, which is attached hereto and made a part hereof as Exhibit C. The PARTICIPANT shall agree to maintain the Project in accordance with the terms of the Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 7. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 432325-1-52- 01/02) is completed as evidenced by the written acceptance of the DEPARTMENT. 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without Page 4 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01/02 FEID No: F596000427 liability. 11.-- The PARTICIPANT/ Vendor/ Contractor: () 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. 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: Susan Dale. With a copy to: Kris McKirdy, P.E. A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Sebastian 1225 Main St, Sebastian, Florida, 32958 Attn: Paul Carlisle With a copy to: County Attorney Page 5 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01/02 FEID No:F596000427 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. R-22-33 , hereto attached. ATTEST: CITY OF SEBASTIAN, FLORIDA Y CLERK APPROVED S TO FORM LEGAL CITY TTORN�Y STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT ATTEST: DocuSigned by: BY: AWIA.iFa �b—J°ja.�t,V' EXECUTIVE 8rffC t Y APPROVED: L] DocuSigned by: p Y: 7CE57988DE6E4F7... DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CIENCY: DocuSigned by: BY: sty C. eV"All RRCR70AQPICPAFC STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSOPORTATION DEVELOPMENT LEGAL REVIEW: E�r ocuSigned by: j�a,utnt, S{�,c,l,�au, BY: IlFR RR'iIl3R FdRd OFFICE OF THE GENERAL COUNSEL Page 6 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A FM No: 432325-1-52-01!02 FEID No: F596000427 EXHIBIT A SCOPE OF SERVICES FM# 432325-1-52-01/02 The DEPARTMENT shall construct, on behalf of the PARTICIPANT, the following improvements: Textured and R1 Crimson colored patterned pavement in crosswalks and parallel parking sections/areas along SR-5/US-1 from Harrison Street to Davis Street in the City of Sebastian, Florida as requested by the PARTICIPANT. THIS REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 7 of 7 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A THIRD PARTY ESCROW AGREEMENT WITH CITY OF SEBASTIAN DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT") City of Sebastian, Florida ("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 rojt"): Project Name: SR-5/US-1 FROM HARRISON ST TO S OFVIST Project #: 432325-1-52-01' County: Indian River County WHEREAS, FDOT and Participant desire to establi h a Ftlsb account for the project. NOW THEREFORE, in consideration of the 7pise �and the covenants contained herein, the parties agree to the following:� f 1. An initial deposit will be made int an.int rest bearing escrow account established hereunder for the purposek ofilhe Project. The escrow account will be opened with the Escrow Agent on behftlAdf FDQT upon Escrow Agent's receipt and execution of this Agreement. \; ; 2. Other deposits to e,e's rov+iaccount may be made during the life of this agreemrt.. 3. Deposits will -be divered in accordance with instructions provided by the Escrow Agent to �th�, FD 6 for deposit into the escrow account. A wire transfer or ACH depo ,-Lime�preferred method of payment and should be used whenever possible. 4. FDOT's�C`mptroller or designee shall be the sole signatory on the escrow account i+vitfi�t e Escrow Agent and shall have sole authority to authorize withdrawals from th;\�,Account. Withdrawals will only be made to FDOT or the Participant in `~accordance with the instructions provided to the Escrow Agent by FDOT's \.&mptroller 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 DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of un - s to FDOT. FDOT agrees to provide a copy of such written confirmation tb P cipant upon request. _- 8. The Escrow Agent further agrees to provide quarterly reports to(FDQ�lconcerning the escrow account. FDOT agrees to provide a copy of suc =��rt�ly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of ju pent or for any act done or omitted by it in good faith, or for anything which itt�nay nood faith do or refrain from doing in connection herewith. . 10. Escrow Agent shall have no liability for an. t'clai'rt� cost, expense, damage or loss due to the acts or omissions of FDOT/ �1A , 'Participant, nor from any separate agreements between FDOT and Pa ._jc9pan and shall have no responsibility to monitor or enforce any responsibili 'Os a ein or in any separate agreements associated with this Agreemenkbetwe�h', DOT and Participant. 11. This Agreement shall becgo�y rr byVnd interpreted in accordance with the laws of the State of Florida. 12. This Agreement fray b -a eptited in two or more counterparts, each of which shall be deemed an ��ig t all of which together shall constitute one and the same instrument. 13. This A r \' g ,�X1���n�t'�hall terminate upon disbursement by the Escrow Agent of all money h l %�i�, in the escrow account in accordance with the instructions given by the FDOT;s Comptroller or designee and notification from FDOT to Escrow Agent that�t e-adcount is to be closed. ` �� N. The remainder of this page is blank. DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. IV For FDOT-OOC (signature) For PARTICIPANT (sighalbl�,ej-1 Name and Title Name and 59-3024028 Federal Employer I.D. Number *��raTfhployer I.D. Number Date _bate N, FDOT Legal Review: T ' Ag For Es ro a 'q signature) Name and Title Date DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT C MAID i j:�NANCE MEMORANDUM OF AGREEMENT (MMOA) VV iTH CITY OF SEBA.STIAN DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, b and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a co t AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, herein a d the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 s part of the State Highway System as described in Exhibit "A"; and p WHEREAS, the DEPARTMENT seeks to install and have m ' tained by the AGENCY certain hardscape improvements within the right of way of Stat�R�f1 (US 1) as described within Exhibit "B"; and ��JJ WHEREAS, as part of the continual updating of ate of Florida Highway System, the DEPARTMENT, for the purpose of safety, protec ' he investment and other reasons, has constructed and does maintain the highway facili of in Exhibit "A" (attached hereto and incorporated by reference herein) withirr�corporate limits of the AGENCY; and WHEREAS, the Department and Wcy signed an agreement dated February 8, 1994, for State Road 5 landscaped median outh to north City limits, and WHEREAS, the Delp artm t e Agency signed an agreement dated June 15, 2015, for landscape and irrigation on a ad 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the i VIIQf�his Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (US 1) CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. 19.971 f e ardscape improvements indicated in Exhibit "B". The maintenance responsibilitie h areas and items identified in the 1994 and 2015 agreements shall continue anebe 'a d by this Agreement; and , the AGENCY is agreeable to maintaining those improvements within the its including hardscape to the medians and areas outside the travelway to the right ofd/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and https !/fldot-ii,y.sharepoint comlpersonal/mya williams_ dot_state_fl_us;Docuinents/Shared oath Everyone/Local Program Agreements in REVIEW/LFAsilndian River/Coinplctcd!City of Sebastian/Watermarked MOA Patt Pavt - Sebastian - 12-5-22 docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating 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 in Exhibit "E", desires to enter into this 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 hgr2 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed hardscape i o ments on the highway facilities substantially as specified in plans and specification inafter referred to as the Project(s) and incorporated herein as referenced in Exhi . Hardscape shall mean, but not be limited to, any non-standard roadway, side median or crosswalk specialty surfacing, including concrete pavers, color stamped nZ4�le, color stamped asphalt (also known as patterned pavement), and brick paver detee warnings. If there are any major changes to the plan(s), the DQ1PAIVMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall pr their approval or disapproval to the DEPARTMENT within 10 business days. The TMENT may elect to withdraw the hardscape improvements if changes are not d within the given time frame. 3. MAINTENANCE OF FACILITIES •♦ A. The AGENCY agrees to t n the improvements, as existing and those to be installed, within the ph� s described in Exhibit "A" and as further described in Exhibit "B". The no and improvements within and outside the travelway shall be maintained by e CY regardless if the said improvement was made by the DEPARTMENT, NCY, or others authorized pursuant to section 7. Periodic repairs or any one a replacement associated with specialty surfacing (if applicable) shall follow t PARTMENT'S safety and maintenance guidelines and Exhibit "D", Patterned ent Maintenance. The AGENCY'S responsibility for maintenance shall includ II hardscape areas on the sidewalk or within the medians, areas outside thq*tr4tvay to the right-of-way, and/or areas within the travelway containing specialty surf It shall be the responsibility of the AGENCY to restore an unacceptable ride ♦ di of the roadway caused by the differential characteristics of non-standard elway surfacing and the associated header curb and concrete areas (if applicable) In DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided b the AGENCY is specifically set out as follows: to P Y P Y maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. https:N(Idnl-n y.sharepoint ccm/I'ersonol/mya_williams del state ti us/t)OCUment6/Shared wilh Fveiyone/1 ocal Program Agreements in REVIEVVII-As/Indian River/Completed/City of Sebastian/Watcrmarked MOA Fall Favt - Sebastian - i2-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A C. The maintenance 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. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limit f is agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calepd to provide access to the items noted by the DEPARTMENT. This may require' ry or permanent removal of improvements such as hardscape, landscape or other it W,l nflicting with the items to which the Department needs access. Should the Agency fail to remove or relocate items as requested, the ment may: (a) Remove conflicting improvements or any portion there (b) Restore the area with any material meeting Dega ent standards (c) Bill the Agency for any costs associate wi Nlloval and/or replacement of the improvements. Failure to cooperate with the Department masidered in decisions on future requests for installations within Department facilities, 5. NOTICE OF MAINTENANCE DEFI I • A. If at any time after the has undertaken the maintenance responsibilities for the improvements, it me to the attention of the DEPARTMENT'S District Secretary that the a part thereof, are not properly maintained pursuant to the terms of this Agr e , said District Secretary may at his/her option, issue a written notice that a eficl cy or deficiencies exist(s), by sending a certified letter to the AGENCY, etthirty l said AGENCY on notice thereof. Thereafter the AGENCY shall have a pe (30) calendar days within which to correct the cited deficiencies. If said dees are not corrected within this time, the DEPARTMENT may at its opV Geed as follows: • Maintain the hardscape improvements or any part thereof, with DEPARTMENT or `Contractor's personnel and invoice the AGENCY for expenses incurred, and/or �(2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove b the DEPARTMENT or 9 p 9 Y Contractor's personnel, all of the hardscape improvements installed under this Agreement or any preceding Agreements, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the hardscape improvements listed in Exhibit "B" in the amounts listed in Exhibit "D" should the hardscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. httpsalfldot-ny.shaiepoinLcom!f'erson alnrya v:illiams dot state fl us/Documents/Shared with Fveiyunell ocal Program Agreements in REVIEVVILf As/Indian Kiver/Completed/City of SebastianM1atennarked m0A Patt Pavl - Sebastian - 12-5- 22.doex DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the hardscape 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 future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said har c e improvements at AGENCY'S expense after which time the DEPARTMENT W,a ove same. All permits, fees, and any mitigation associated with the removal, on or adjustments of these improvements are the maintaining AGENCY'S responsi 7. FUTURE AGENCY IMPROVEMENTS G The AGENCY may construct additional hardscape improvement n the limits of the improvements rights of ways identified herein, subject to the folic�OA6 onditions: (a) Plans for any new hardscape improvements s e subject to approval by the DEPARTMENT. The AGENCY shall not change or d .��/ m said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permit f !�o DEPARTMENT. (c) All hardscape improvements shall bOeveloped and implemented in accordance with appropriate state safety and roadw4We4ign standards. (d) The AGENCY agrees tcf with the requirements of this Agreement with regard to any additional hardscape im s it chooses to have installed and there will be no cost to the DEPARTMENT. 8. HARDSCAPEIMPROV COST The DEPARTMENT es to enter into a contract for the installation of the hardscape improvements wiM stimated amount of $446.400.00 as referenced in Exhibit "C". This amount may be reililiked or eliminated at the sole discretion of the DEPARTMENT or due to budgetarW 14 lints of the DEPARTMENT. eeDRT�`MENT'S participation in the hardscape improvements' cost, as described in is limited to only those items which are directly related to the hardscape nt plans. CY shall be invited to assist the DEPARTMENT in the final acceptance of the hardscape improvements by the DEPARTMENT associated with the roadway construction project. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: htlps:Nf dot-rny-sharepoinLcornlperson�llmya_ v.il6ams del stale 11 us4xcumerits;Shared with Fveryonell oval Program Agreements in REVIEVWLFAaAndinn River/CompletediCity of Scl;astian/ Nalunnarticd 100A Patt Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (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. 10. AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The ter is Agreement shall remain in effect for as long as the hardscape items exisf O B. If the DEPARTMENT chooses not to implement the hardscape%ements described in Exhibit "B", this Agreement becomes void and the on ' reement is reinstated if any. " 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, cortants, sub -consultants, contractors, and/or sub -contractors, such party i contract for the hardscape improvements shall agree to indemnify, de ave and hold harmless the DEPARTMENT from all claims, demands, lia iliti nd suits of any nature arising out of, because of or due to any intentional an egligent act or occurrence, omission or commission of such agents, consul n subconsultants, contractors and/or subcontractors. The AGENCY shall pro MM the DEPARTMENT written evidence of the foregoing upon the request of thg DEVA�RTMENT. It is specifically understood and agreed that this indemnificat ;Iause does not cover or indemnify the DEPARTMENT for its own&ellbb.B. In the event that AGEN with a third party to provide the services set forth herein, any contraVic c third party shall include the following provisions: (1) AGENCY'Sshall at all times during the term of this Agreement keep and maint 'n rce and effect, at contractor's sole cost and expense, Compre a General Liability with minimum limits of $1,000,000.00 per occurV ombined single limit for Bodily Injury Liability and Property Damage Liabilid Worker's Compensation insurance with minimum limits of 00.00 per Liability. Coverage must be afforded on a form no more restrictive 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 on such policies. 2 AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage 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 coverage will expire prior to the completion of work, copies of renewal https:?/fldot-rny.sharepoint.com/personalimya_v.ilhams dot state fl usOncuments/Shared with Fveryone/l ocal Preyrarn Agreements in REVIEW/LrAsilndian River/Completed/City of Sebastian:'Atatcnnarked MOA Patt Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A policies shall be furnished at least (30) days prior to the date of expiration. 12. 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 during the term of the contract; and (b) Expressly require any subcontractors performing work or providir s ces pursuant to the state contract to likewise utilize the U.S. Department of Homel urity's E-Verify system to verify the employment eligibility of all new employees by the subcontractor during the contract term. 13. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understandingOn,en the parties hereto and there are no other Agreements and understanding, oral r with reference to the subject matter hereof that are not merged herein and supe ed hereby. 14. FISCAL TERMS v The DEPARTMENT, during any fiscal year, sha n expend money, incur any liability, or enter into any contract which, by its terms, inv a expenditure of money in excess of the amounts budgeted as available for expend4tur uring such fiscal year. Any contract, verbal or written, made in violation of this sub oryJs null and void, and no money may be paid on such contract. The DEPARTMENT quire a statement from the Comptroller of the DEPARTMENT that funds area 1 prior to entering into any such contract or other binding commitment of funds. erein contained shall prevent the making of contracts for periods exceeding one (1) ut any contract so made shall be executory only for the value of the services to b d or agreed to be paid for in succeeding fiscal years; and this paragraph shall be i p ted verbatim in all contracts of the DEPARTMENT which are for an amount in exce s o ENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a pe�f more than one year. 15. DISPUTES • The DEPA ENT'S District Secretary shall decide all questions, difficulties and disputes of any r whatsoever that may arise under or by reason of this Agreement, the prosecution or ful t of the service hereunder and the character, quality, amount and value thereof; ecision upon all claims, questions and disputes shall be final and conclusive upon e rties hereto. 16. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State htlpsJlfIdol-n�y.shaiepolnl.corn/personal/nrya_williams ciot stMe II us/f)OCumeritSIShaled with Fveiyone/I ocal Pioyrain Agreements in REVIEW/Lf As/Indian River/Completed/City of SebastianlVlralermarked MOA Patt Pavl - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A 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 that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. 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 r eipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: ♦`O Florida Dept. of Transportation City of Sebastian 3400 West Commercial Blvd. 1225 Main Street Ft. Lauderdale, FL 33309-3421 Sebastian, FL 32 Attn: District IV Landscape Attn: Paul Carli I Architect cc: City Attor 19. LIST OF EXHIBITS Exhibit A: Roadway Project Location and Hce Maintenance Boundaries Exhibit B: Hardscape Improvement Pla �f Exhibit C: Approximate Cost for Hardsc mprovements Exhibit D: Patterned Pavement Maint a ce Exhibit E: Resolution ht(ps:llfldol-rny.sharepoint.com/person;jlhnya_williams_dot state fl_us/f)ccurnenlslShared with Fveryone/l ocal Program Agreements in REVIEW/LFAs/Indian River/Completed/City of Sebastian/Watermarked 1v10A Pall Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Chairperson/Mayor/Manager Attest: (SEAL) Clerk Legal Approval Date O • STATE OF FLORIDA •• DEPARTMENT OF TRANSPORTA�(O1� By: Date: Steven C. Braun Transportation Develo nt Director 911� IV Attest: (SEAL) `4$sve Secretary A�\Vll view Date Office of the General Counsel hops:!/fldol-rny.sharepoint comlperson�l/mya_witl ams dot state fi us/Uounnenls/Shared with Fveryonell ocal Program Agreements in REVIDN/LFAs/Indian River/Cornptcted/city of Scbastian; 'Vatcrmarked rvlr.)A Patt Pavi - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT A ROADWAY PROJECT LOCATION AND HARDSCAPE MAINTENANCE BOUNDARIES •`0 NI. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from Harrison Street (M.P. 18.760) to South of DU (M.P. 20.232) II. LIMITS OF MAINTENANCE FOR HARDSCAPE IMPROVE N'i3` Hardscape improvements within the limits of State Roa 1) from Sebastian Boulevard (CR 512 Eastbound) (M.P. 18.823) to North of North+Qent Avenue (M.P. 19.971) III. HARDSCAPE MAINTENANCE BOUNDARYAiO , • See Attached •• hops:i/fldot-my.sliarepoinLconJ�iersonalhnya_willioms dot state fl us/Documents/Shared with Everyone/Local Program Agreements in kEVIEW/Lf As/Indian River/Completed/City of Sebastian/Watermarkcd IJOA Patt Pavt - Sebastian - 12-5-22 docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT B SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 HARDSCAPE IMPROVEMENT PLANS KN- '0 The DEPARTMENT agrees to install the hardscape improvements in a a e with the roadway plans and specifications attached hereto and incorporated herei Please see attached plans prepared by: John Cerreta, P.E` WGI, Inc. Date: 9/21 /2022 1p O �: 40 hllpsa/fldot-my.sharepoinl.com/personallmya_ Williams dot stale II us/Documents/Shared with Fveryone/I ocal Pioyram Agreements in kEVIEW/Lf As/Indian River/Comple:led/City of Sebastian/Watermarked I00A Patl Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT C SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 APPROXIMATE COST FOR HARDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE M NCE MEMORANDUM OF AGREEMENT between the State of Florida ent of Transportation and the AGENCY. Z Anticipated Terms of a Separate Agreement` I. FDOT PARTICIPATION: $ 0.00 II. AGENCY PARTICIPATION: $446,400.00 Via Separate Agreement O III. APPROXIMATE HARDSCAPE IMPQ%MENT COST: $446,400.00 Amounts are approximatek Itemized Cost Estimate r cape Improvements: UNIT ITEM.# ITEM QNTY UNIT COST _COMMENT PRICE _ ZP+aen 3100 SY $120.00 $372,000.00 Parking Stalls and 523-1 �►ent, Crosswalks lar Areas • $74,400.00 20% Contingency TOTAL APPROXIMATE COST: $ 446.400.00 littpsJlfldot-my.sliaiepoint.com/peisoni-1/tiiya__williaiiis dot state fl us/Documents/Shared with Fveryone/l ocal Program Agreements in REVIEW/LFAs/Indian River/CompleledlCity of Sebastian/Walermarked MOA Pall Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT D SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENAI OF AGREEMENT between the State of Florida, Department of Transportal "Maintenance" of all patterned pavement crosswalks in these Agreements minimum, to include its frictional characteristics and integrity as follows: 1. Within 60 days of project acceptance by the Departm crosswalk shall be evaluated for surface friction. The using either a locked wheel tester in accordance with E for Friction Measuring Protocol for Pattern d^ Tester in accordance with ASTM E1911. A> responsibility of the AGENCY. %t UM is a It, s of each patterned i est shall be conducted 2 (Florida Test Method oments) or Dynamic Friction for friction testing are the 2. The initial friction resistance shall be at 5 obtained at 40 mph with a ribbed tire test (FN40R) or equivalent (FM 5-59 ched). Failure to achieve this minimum resistance shall require all defici gross alk areas to be removed to their full extent (land -by -land) and replaced wit me product installed initially. The AGENCY is responsible for all costs with the removal and replacement of the crosswalk. If the Departm=Nted termines that more than 50% of the lanes in the intersection require r a ent, the entire intersection installation may be reconstructed with t product on the Qualified Products List (QPL) or replaced with conventions acre" ent. 3. Approximate) a year after project acceptance and every two years thereafter and for the lif adjacent pavement, only the outside traffic lane areas of each patterned walk shall be tested for friction resistance in accordance with ASTM E274 S ME 1911. Friction resistance shall, at a minimum, have a FN40R value Of r quivalent). 4results of all friction tests shall be sent to the Operations Engineer at the local rOT District Four Operations Center located at Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL 34982 (772) 465-7396, with a cover letter either -10 certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. 5. Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by -lane) and replaced with the same product installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be hilps:i/fldol-my.sliarepoinl.conzrpersonal/nrya_ williains dot state tl us/f)6cuments%6hared with Fveryone/l ocal Program Agreements in REVIEW/1-1-As/Indian River/Completed/City of SebastianMratenmarkcd N10A Patt Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A reconstructed with a different product on the QPL, or replaced with conventional pavement. 6. When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. 7. The Department will not be responsible for replacing the treatment folloeiany construction activities by the Department in the vicinity of the treatmen ts for testing. 8. Should the local agency fail to satisfactorily perform any require r dial work or testing in accordance with this agreement, the Departmentakffes the right to replace the patterned pavement with conventional pavement hing the adjacent pavement) and bill the local agency for this cost. O /I htlps:Ufldot-my.sharepoint.con,/personal/mya_williams dot Stale 11 us/Documents/Shared with Everyone/Local Program Agreements in RLVIEW1LrAs/Indian River/Completed/City of Sebastian/Watermarked MOA Patt Pavt - Sebastian - 12-5-22 docx DocuSign Envelope ID: 7E2D8774-A7F2-496F-9CC1-3ACC6D7A379A EXHIBIT E SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 RESOLUTION ?,artment This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPNANCE MEMORANDUM OF AGREEMENT between the State of Florid of Transportation and the AGENCY. Please see attached (Will be provided by ' 0 httpsilfldol-my.shaiepoint.com/personal/mya williams clot state tl uslf)ccumeuls/Shared wAh Fveiyone/I oval Piogiam Agreements in kEVlEVV/LFAs/lndian kiverlComplcled/City of Sebastian/Watermarked lA0A Pall Pavt - Sebastian - 12-5- 22.docx RESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attorney to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Nunn The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: Council Member Ed Dodd aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Kelly Dixon nay The Mayor thereupon declared this Resolution duly passed and adopted this 21 st day of November 2022. ATTEST: bhnette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: t Mayor Fred ,Tones Approved as to Form and Content for Reliance by the City of Sebastian THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT') City of Sebastian, Florida ("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: SR-5/US-1 FROM HARRISON ST TO S OF DAVIS ST Project #: 432325-1-52-01 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by the 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. M No: 432325-1-52-01/02 FEID No: F596000427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT This Locally Funded Agreement ("Agreement"), entered into this day by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of Sebastian, located at 1225 Main St, Sebastian, Florida, 32958, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with the DEPARTMENT's construction work along SR-5/US-1 from Harrison Street to south of Davis Street, in the City of Sebastian, Florida. (Financial Management (FM) Number 432325-1-52-01 Funded in Fiscal Year 2023); and WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following additional work (FM Number 432325-1-52-02): stamped asphalt pavement patterns as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the PARTICIPANT has agreed to provide the DEPARTMENT with the additional funding needed for the Project. WHEREAS, the term "Project" in this Agreement shall mean only the work requested by the PARTICIPANT for which the PARTICIPANT will pay for pursuant to this Agreement and is specified in "Exhibit A." 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. R-22-33 adopted on Nov. 21, 2022, 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. Pagel of 7 M No: 432325-1-52-01/02 FEID No: F596000427 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT's input in its decisions. 5. The total cost of the DEPARTMENT's construction work and the Project is estimated to be THREE MILLION ONE HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED EIGHTY- ONE DOLLARS AND NO CENTS ($3,132,681.00). The PARTICIPANT's cost of the Project is an estimated amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds paid by the PARTICIPANT, 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. A. The PARTICIPANT agrees that it will, within thirty (30) days of the execution of this agreement, furnish the DEPARTMENT with a check in the amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), for full payment of the estimated Project cost for Locally Funded Project number 432325-1-52-02. The advance deposit shall be the total estimated Project cost of THREE HUNDRED SEVENTY-TWO THOUSAND DOLLARS AND NO CENTS ($372,000.00) plus 20% Contingency OF SEVENTY- FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($74,400.00). The DEPARTMENT may utilize this deposit for payment of the costs of the Project. 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. 432325-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 432325-1-52-02. In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account#4834783896 ABA # 121000248 State of Florida Department of Financial Services Bureau of Collateral Management Re: DOT — K 11-78, Financial Project # 432325-1-52-02 For the DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the reference line must contain NFDOT" and an abbreviated purpose, financial project number or LFA account number. Page 2 of 7 M No: 432325-1-52-01/02 FEID No: F596000427 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 and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. F. In the event the final accounting of total Project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. G. The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached 3 PEA between PARTICIPANT(S), 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. 6. Upon completion of the Project, the PARTICIPANT will comply with the provisions set forth in the District Four Highway Maintenance of Agreement, which is attached hereto and made a part hereof as Exhibit C. The PARTICIPANT shall agree to maintain the Project in accordance with the terms of the Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 7. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 432325-1-52- 01/02) is completed as evidenced by the written acceptance of the DEPARTMENT. 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without Page 4 of 7 M No: 432325-1-52-01/02 FEID No: F596000427 liability. 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. 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: Susan Dale. With a copy to: Kris McKirdy, P.E. A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Sebastian 1225 Main St, Sebastian, Florida, 32958 Attn: Paul Carlisle With a copy to: County Attorney Page 5 of 7 M No: 432325-1-52-01102 FEID No: F596000427 EXHIBIT A SCOPE OF SERVICES FM# 432325-1-52-01 /02 The DEPARTMENT shall construct, on behalf of the PARTICIPANT, the following improvements: Textured and R1 Crimson colored patterned pavement in crosswalks and parallel parking sections/areas along SR-5/US-1 from Harrison Street to Davis Street in the City of Sebastian, Florida as requested by the PARTICIPANT. THIS REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 7 of 7 1 l 1 ] w 1 * 1 1 THIRD PARTY ESCROW AGREEMENT WITH CITY OF SEBASTIAN' THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT") City of Sebastian, Florida ("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 projec ekk'N Project Name: SR-5/US-1 FROM HARRISON ST TO S OF VISIT Project #: 432325-1-52-01 County: Indian River County WHEREAS, FDOT and Participant desire to establi h a w account for the project. NOW THEREFORE, in consideration of the p ise r the covenants contained herein, the parties agree to the following: e; '�. 1. An initial deposit will be made into Ah. i t rest bearing escrow account established hereunder for the purpose% of (the Proje fYact. The escrow account will be opened with the Escrow Agent on befbif FDRT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits toe-esq�)Oaccount may be made during the life of this agreeme t.�:` 3. Deposits will -be delivered in accordance with instructions provided by the Escrow Agent to nth FD 6 T for deposit into the escrow account. A wire transfer or ACH deposit .is hdVreferred method of payment and should be used whenever possible. 4. C: FOOT's�Cmptroller or designee shall be the sole signatory on the escrow account vVi e Escrow Agent and shall have sole authority to authorize withdrawals from the ccount. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's �� &mptroller 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. 7. The Escrow Agent agrees to provide written confirmation of receipt of ,un�C�so FDOT. FDOT agrees to provide a copy of such written confirmation tb P rtic nt upon request. ~`� 8. The Escrow Agent further agrees to provide quarterly reports to. (DQ1concerning the escrow account. FDOT agrees to provide a cop of suc iv rt 1y reports to Participant upon request. 9. The Escrow Agent shall not be liable for an error of 'u '� e ' or for an act done 9 Y J � � Y or omitted by it in good faith, or for anything which it nay mood faith do or refrain from doing in connection herewith. =. . 10. Escrow Agent shall have no liability for any, t-clai" cost, expense, damage or loss due to the acts or omissions of FDOT pan Participant, nor from any separate agreements between FDOT and Pa. icpan aid shall have no responsibility to monitor or enforce any responsibill 'e Jhe ein or in any separate agreements associated with this Agreemen betwee FDOT and Participant. 11. This Agreement shall be�go, me%'d- py Vnd interpreted in accordance with the laws of the State of Florida. 12. This Agreement ,Xna� �,e epted in two or more counterparts, each of which shall be deemed an rigit all of which together shall constitute one and the same instrument. 13. This Agr � , it nV§hall terminate upon disbursement by the Escrow Agent of all money hll in the escrow account in accordance with the instructions given by the FDOT-s - omptroller or designee and notification from FDOT to Escrow Agent that't e-a"bcount is to be closed. �.. The remainder of this page is blank. N WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date For PARTICIPANT (sighduelk Name and Title ed V T thployer I.D. Number ..bate FDOT Legal Review: Ag :\ For E sorkb nVOgnature) Name and Title Date EXHIBITC MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH CITY OF SEBASTIAN SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, b and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a con, t AGENCY of the State of Florida, hereinafter called the DEPARTMENT and Ne OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, herein d the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 s part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain hardscape improvements within the right of way of Stat (US 1) as described within Exhibit "B"; and WHEREAS as art of the continual updating of ate of Florida Highway System, the P P 9� 9 Y Y DEPARTMENT, for the purpose of safety, protec he investment and other reasons, has constructed and does maintain the highway facili s escribed in Exhibit "A" (attached hereto and incorporated by reference herein) with corporate limits of the AGENCY; and _44� WHEREAS, the Department and lacy signed an agreement dated February 8, 1994, for State Road 5 landscaped median outh to north City limits, and WHEREAS, the Departm t e Agency signed an agreement dated June 15, 2015, for landscape and irrigation on a ad 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the i his Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (US 1) CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. 19.971 f e ardscape improvements indicated in Exhibit "B". The maintenance responsibilitie h areas and items identified in the 1994 and 2015 agreements shall continue 4dnoe*a d by this Agreement; and the AGENCY is agreeable to maintaining those improvements within the its including hardscape to the medians and areas outside the travelway to the right ne and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and https:i/tldot-n y.sharepoint.com/personal/mya_ Williams_ dot_ state _fl_usiDocuments/Shared with Everyone/Local Program Agrcenrient� in REVIEW/LFAsilndian River/Cc nplcted/City of Sebastian/Watermarked MOA Patt Pavt - Sebastian - 12-5-22.docx WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating 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 in Exhibit "E", desires to enter into this 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 h1or i. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed hardscape i o menns on the highway facilities substantially as specified in plans and specification inafter referred to as the Project(s) and incorporated herein as referenced in Exhi . Hardscape shall mean, but not be limited to, any non-standard roadway, side median or crosswalk specialty surfacing, including concrete avers color stam e�dL�nZ le, color stamped asphalt P tY 9� 9 P pSi�l P P (also known as patterned pavement), and brick paver dete a warnings. If there are any major changes to the plan(s), the P�1%10fENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall pr their approval or disapproval to the DEPARTMENT within 10 business days. The TMENT may elect to withdraw the hardscape improvements if changes are not d within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to t� the improvements, as existing and those to be installed, within the ph i s described in Exhibit "A" and as further described in Exhibit "B". The no and improvements within and outside the travelway shall be maintained by a CY regardless if the said improvement was made by the DEPARTMENT, NCY, or others authorized pursuant to section 7. Periodic repairs or any one a replacement associated with specialty surfacing (if applicable) shall follow t PARTMENT'S safety and maintenance guidelines and Exhibit "D", Patterne2Pment Maintenance. The AGENCY'S responsibility for maintenance shall incluhardscape areas on the sidewalk or within the medians, areas outside thetr ay to the right-of-way, and/or areas within the travelway containing specialty su . It shall be the responsibility of the AGENCY to restore an unacceptable ride dition of the roadway caused by the differential characteristics of non-standard elway surfacing and the associated header curb and concrete areas (if applicable) n DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. lints://fidot-my.sharepoint com/personal/naya_williams dot state ti us/f)acumentsiShaied with Fveiyone/1 ocal Piogiam Agreements in KEVICVV/LFAs/1ndian River/Completed/City of Sebastian/Watermarked MOA Patl Pavt - Sebastian - 12-5- 22.docx C. The maintenance 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. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limit P is agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calep%pdl to provide access to the items noted by the DEPARTMENT. This may requirery or permanent removal of improvements such as hardscape, landscape or other itcting with the items to which the Department needs access. Should the Agency fail to remove or relocate items as requested, the ment may: (a) Remove conflicting improvements or any portion them (b) Restore the area with any material meeting Decent standards (c) Bill the Agency for any costs improvements. and/or replacement of the Failure to cooperate with the Department maA sidered in decisions on future requests for installations within Department facilities, 5. NOTICE OF MAINTENANCE DEFI I • A. If at any time after the has undertaken the maintenance responsibilities for the improvements, it me to the attention of the DEPARTMENT'S District Secretary that the a part thereof, are not properly maintained pursuant to the terms of this Agr e , said District Secretary may at his/her option, issue a written notice that a efid cy or deficiencies exist(s), by sending a certified letter to the AGENCY, p! said AGENCY on notice thereof. Thereafter the AGENCY shall have a pe thirty (30) calendar days within which to correct the cited deficiencies. If said defi cies are not corrected within this time, the DEPARTMENT may at its opV Geed as follows: • &kMaintain the hardscape improvements or any part thereof, with DEPARTMENT or ` Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, all of the hardscape improvements installed under this Agreement or any preceding Agreements, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the hardscape improvements listed in Exhibit "B" in the amounts listed in Exhibit "D" should the hardscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. httpsa/fldol-n,y.shaiepoint.com/personal/nrya_vJIliams dot state fl us/Documents/Shared with Fveryune/l ocal Program Agreements in REVIEW/LFAs/Indian River/Completed/City of Sebastian/llralennarked rOOA Patt Pavt - Sebastian - 12-5- 22.docx 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the hardscape 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 future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said hroo e improvements at AGENCY'S expense after which time the DEPARTMENT 10ae same. All permits, fees, and any mitigation associated with the removal, r adjustments of these improvements are the maintaining AGENCY'S responsi 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional hardscape improvement n the limits of the improvements rights of ways identified herein, subject to the foll onditions: (a) Plans for any new hardscape improvements s e subject to approval by the DEPARTMENT. The AGENCY shall not change or d e m said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permit fr�mhe DEPARTMENT. (c) All hardscape improvements shell b eveloped and implemented in accordance with appropriate state safety and roadw4lQe4ign standards. (d) The AGENCY agrees to* with the requirements of this Agreement with regard to any additional hardscape im s it chooses to have installed and there will be no cost to the DEPARTMENT. 8. HARDSCAPE IMPROV COST 0 The DEPARTMENT es to enter into a contract for the installation of the hardscape improvements wi 0 stimated amount of $446,400.00 as referenced in Exhibit "C". This amount may be re ed or eliminated at the sole discretion of the DEPARTMENT or due to budgetarAq ints of the DEPARTMENT. The D R MENT'S participation in the hardscape improvements' cost, as described in Exht ' " is limited to only those items which are directly related to the hardscape r ent plans. '00 AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the hardscape improvements by the DEPARTMENT associated with the roadway construction project. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: https://fldot-my.sharepoint.com/personal/mya_wiIIiams dol _stale fl- us/Documents/Shared with Fveryonell ocaI Program Agreements in REVIE11V/LrAs/Indian Rive r/CompleledrCily of Set,,astianiAlaturmarked 100A Plitt Pavt - Sebastian - 12-5- 22.docx (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (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. 10. AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The ter q*is Agreement shall remain in effect for as long as the hardscape items exist O B. If the DEPARTMENT chooses not to implement the hardscapeQ\ements described in Exhibit "B", this Agreement becomes void and the on ' reement is reinstated if any. 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to an of the AGENCY'S agents, co0tants, sub -consultants, P Y 9 contractors, and/or sub -contractors, such party i contract for the hardscape improvements shall agree to indemnify, de ave and hold harmless the DEPARTMENT from all claims, demands, lia iliti nd suits of any nature arising out of, because of or due to any intentional an egligent act or occurrence, omission or commission of such agents, consul , subconsultants, contractors and/or subcontractors. The AGENCY shall M XARTMENT. the DEPARTMENT written evidence of the foregoing upon the request of thg It is specifically understood and agreed that this indemnificatk;lause does not cover or indemnify the DEPARTMENT for its own e • ' B. In the event that AGEN cts with a third party to provide the services set forth herein, any contract witwitV, c third party shall include the following provisions: (1) AGENCY'S r shall at all times during the term of this Agreement keep and maint 'n i ull force and effect, at contractor's sole cost and expense, CompreAve General Liability with minimum limits of $1,000,000.00 per occurrl Whe ombined single limit for Bodily Injury Liability and Property Damage Liability nd Worker's Compensation insurance with minimum limits of 00.00 per Liability. Coverage must be afforded on a form no more restrictive 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 on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage 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 coverage will expire prior to the completion of work, copies of renewal https:l/fldot-my.sharepoint.comrpersonallmya_vAlrams dot_ state fl us/Documents/Shared with Fveryone/l ocal Program Agreements in REVIEW/Lf-Asilndian Fiver/Completed/City of SebastianAVatermarked 100A Patt Pavt - Sebastian • 12-5- 22.docx policies shall be furnished at least (30) days prior to the date of expiration. 12. 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 during the term of the contract; and (b) Expressly require any subcontractors performing work or providipSpuritity's 'ces pursuant to the state contract to likewise utilize the U.S. Department of Homel E-Verify system to verify the employment eligibility of all new employeey the subcontractor during the contract term. G 13. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understanding1#n n the parties hereto and there are no other Agreements and understanding, oral rwith reference to the subject matter hereof that are not merged herein and supe ed hereby. 14. FISCAL TERMS The DEPARTMENT, during any fiscal year, sha n expend money, incur any liability, or enter into any contract which, by its terms, inv a expenditure of money in excess of the amounts budgeted as available for expenditur uring such fiscal year. Any contract, verbal or written, made in violation of this sub o%is null and void, and no money may be paid on such contract. The DEPARTfT'6ftquire a statement from the Comptroller of the DEPARTMENT that funds arrior to entering into any such contract or other binding commitment of funds.in contained shall prevent the making of contracts for periods exceeding one fll);je contract so made shall be executory only for the value of the services to bd or agreed to be paid for in succeeding fiscal years; and this paragraph shall be i d verbatim in all contracts of the DEPARTMENT which are for an amount in exce s oTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a pe &IfVf more than one year. 15. DISPUTES IV • The DEPA PNT'S District Secretary shall decide all questions, difficulties and disputes of any,palft whatsoever that may arise under or by reason of this Agreement, the prosecution or ful , t of the service hereunder and the character, quality, amount and value thereof; ecision upon all claims, questions and disputes shall be final and conclusive upon e rties hereto. 16. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State http.,a/fldot-n;y.sharepoint.coin/personal/hnya_williams clot_ suite fl us/f)ocuments/Shared with Fveryone/1 ocal Froyram Agroomenis in REV IEW/LFAsllndian River/Completed/City of Scbastian/Watermarked MOA Patt Pavt - Sebastian - 12-5- 22.docx 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 that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. 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 r eipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: Florida Dept. of Transportation City of Sebastian 3400 West Commercial Blvd. 1225 Main Street Ft. Lauderdale, FL 33309-3421 Sebastian, FL 32 Attn: District IV Landscape Attn: Paul Carli I Architect cc: City Attor 19. LIST OF EXHIBITS Exhibit A: Roadway Project Location and H c e Maintenance Boundaries Exhibit B: Hardscape Improvement Pla Exhibit C: Approximate Cost for Hardsc mprovements Exhibit D: Patterned Pavement Maint ce Exhibit E: Resolution • • https://fldot-my.sliarepoint.com/personalhnya_williams_dot state fl_us/f)acuments/Shared with Fveryone/Local Program Agreements in REVIEW/L`As/Indian River/Completed/city of Sebastian/Watermarked MOA Patl Pavt - Sebastian - 12-5- 22.docx IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Chairperson/Mayor/Manager Attest: (SEAL) Clerk Legal Approval Date • STATE OF FLORIDA •' DEPARTMENT OF TRANSPORT By: Date: Steven C. Braun Transportation Develo nt Director Attest: (SEAL) ive Secretary e I eview Date Office of the General Counsel https:!/fidot-rny.sharepoint com!personal/mya_v,illiams dot_ state fi uS/Dminienls/Shared with Fveiyone/l ocal Program Agreenic:nts in REVICV�I As/Indian fiver/Completed/City of SebaslianAfVatermarked MOA Patt Pavt - Sebastian - 12-5- 22.ciocx EXHIBIT A ROADWAY PROJECT LOCATION AND HARDSCAPE MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from Harrison Street (M.P. 18.760) to South of D vV60%, reet (M.P. 20.232) II. LIMITS OF MAINTENANCE FOR HARDSCAPE IMPROVE N P.' Hardscape improvements within the limits of State Roa 1) from Sebastian Boulevard (CR 512 Eastbound) (M.P. 18.823) to North of North ert Avenue (M.P. 19.971) O III. HARDSCAPE MAINTENANCE BOUNDARY https://fldot-my.sharepoint.con-dpersonal/mya_williams_dot state fl us/DUCIImcnts/Shared with Everyone/Local Program Agreements in REVIEW/LFAs/Indian River/Completed/City of Sebastian/Watermarked 1t10A Patt Pavt - Sebastian - 12-5-22 docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT B HARDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the hardscape improvements in a a e with the roadway plans and specifications attached hereto and incorporated herei Please see attached plans prepared by: John Cerreta, P.E WGI, Inc. Date: 9/21 /2022 • htlpsa/lIdol-my.sharepoint.cam/pe�sanalhnya v✓illiams dot. sty+le II USMOcuments/ ;hared with Fveiyone/l ocal Program Agreements in REVIEW/Lf As-Andian fiver/Completed/City of Sebastian/Watennarked WA Fatt Favt - Sebastian - 12-5- 22.docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT C APPROXIMATE COST FOR HARDSCAPE IMPROVEMENTS , This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE M NCE MEMORANDUM OF AGREEMENT between the State of Florida ent of Transportation and the AGENCY. Anticipated Terms of a Separate Agreement 1. FDOT PARTICIPATION. $ 0.00 II. AGENCY PARTICIPATION: $446,400.00 Via Separate Agreement - III. APPROXIMATE HARDSCAPE IMP MENT COST: $446,400.00 Amounts are approximat •. • I Itemized Cost Estimate r cape Improvements: ITEM ,# .ITEM- QNTY :UNIT : UNIT: COST 'C.OMMENT PRICE ZvPaern523-1 ► ent, 3100 SY $ 120.00 $372,000.00 Parkin g Stalls and 'cular Areas Crosswalks • $74,400.00 20% Contingency TOTAL APPROXIMATE COST: $ 446.400.00 https://fldot-my.sliarepoint.com/peisonaUmya_williams dot_ state _fi_us/Documents/Shared with Fveryone/I ocal Program Agreements in REVIEW/Lf As/Indian Rive r/Completed/C it of Sebastian/Watermarked MOA Patl Pavt - Sebastian - 12-5- 22.docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT D PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEN OF AGREEMENT between the State of Florida, Department of Transportation and "Maintenance" of all patterned pavement crosswalks in these Agreements sh el minimum, to include its frictional characteristics and integrity as follows: 'V 1. Within 60 days of project acceptance by the Departmentorps of each UM ned, as a patterned crosswalk shall be evaluated for surface friction. The fri est shall be conducted using either a locked wheel tester in accordance with 4 2 (Florida Test Method for Friction Measuring Protocol for Pastern d ments) or Dynamic Friction Tester in accordance with ASTM E1911. A for friction testing are the responsibility of the AGENCY. � 2. The initial friction resistance shall be at test (FN40R) or equivalent resistance shall require all d (land -by -land) and replaced responsible for all costs �� crosswalk. If the Departmi intersection require r a reconstructed with with convention2aee ent (FM `q5 obtained at 40 mph with a ribbed tire Kched). Failure to achieve this minimum Iswalk areas to be removed to their full extent ne product installed initially. The AGENCY is with the removal and replacement of the ,ttermines that more than 50% of the lanes in the ent, the entire intersection installation may be product on the Qualified Products List (QPL) or replaced 3. Approximate) a year after project acceptance and every two years thereafter and for the lif adjacent pavement, only the outside traffic lane areas of each patterned walk shall be tested for friction resistance in accordance with ASTM E274 S ME V1911. Friction resistance shall, at a minimum, have a FN40R value Of 'r quivalent). 4 results of all friction tests shall be sent to the Operations Engineer at the local OT District Four Operations Center located at Treasure Coast Operations, 3601 11 Oleander Avenue, Fort Pierce, FL 34982 (772) 465-7396, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. 5. Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by -lane) and replaced with the same product installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be https:i/fldol-rny.sliarepoint.com/personal/rnya__williams dot_ stale tl us/Documents/Shared with Fveryone/I oval Program Agreements in REVIEW/LFAs/Indian River/Completed/City of SebastianAlVatermarked MOA Patt Pavl - Sebastian - 12-5- 22.docx 0 7. E:11 reconstructed with a different product on the QPL, or replaced with conventional pavement. When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. The Department will not be responsible for replacing the treatment follo any construction activities by the Department in the vicinity of the treatmen costs for testing. Should the local agency fail to satisfactorily perform any regi testing in accordance with this agreement, the Department replace the patterned pavement with conventional pavement pavement) and bill the local agency for this cost. Al work or right to adjacent https://fIdot -my.share poi it. corr,/personal/mya_wiIIiains dot stale (I _ us/Documents/Shared with Everyone/Local Prooram Agreements in REVIEW/LFAs/Indian River/Completed/City of Sebastian/Watermarked MOA Patt Pavt - Sebastian - 12-5-22.docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT E RESOLUTION • O This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE NANCE MEMORANDUM OF AGREEMENT between the State of Florid artment of Transportation and the AGENCY. Please see attached (Will be Provided b Y 0 https://fldot-ir.y.stiafepoint.com/personal/mya_ Williams clot state fl us/Mcumenis/Shared with Fveiyonell oval Program Agreements in REVIEW/LFAs/Indian River/Completed/City of Sebastian/Watermarked 100A Pail Pavt - Sebastian - 12-5- 22.docx DocuSign Envelope ID: 88A6092C-04C2-44FF-A67D-5921C369E478 SECTION No.: FM No. (s): COUNTY: S.R. No.: 88010000 432325-1-52-01 Indian River SR 5 STATE OF FLORIDA DEPARTMENT OF TRANS PORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain hardscape improvements within the right of way of State Road 5 (US 1) as described within Exhibit "B"; 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 the highway facility as described in Exhibit "A" (attached hereto and incorporated by reference herein) within the corporate limits of the AGENCY; and WHEREAS, the Department and the Agency signed an agreement dated February 8, 1994, for State Road 5 landscaped medians from south to north City limits, and WHEREAS, the Department and the Agency signed an agreement dated June 15, 2015, for landscape and irrigation on State Road 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the intent of this Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (US 1) from CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. 19.971) for the hardscape improvements indicated in Exhibit "B". The maintenance responsibilities for the areas and items identified in the 1994 and 2015 agreements shall continue and not be impacted by this Agreement; and WHEREAS, the AGENCY is agreeable to maintaining those improvements within the AGENCY'S limits including hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\SEBAST IAN\432325- 1\MOA Patt Pavt - Sebastian - final - revised 11.30.22.docx DocuSign Envelope ID: 88A6092C-04C2-44FF-A67D-5921C369E478 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating 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 in Exhibit "E", desires to enter into this 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 shall install or caused to be installed hardscape improvements on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "B". Hardscape shall mean, but not be limited to, any non-standard roadway, sidewalk, median or crosswalk specialty surfacing, including concrete pavers, color stamped concrete, color stamped asphalt (also known as patterned pavement), and brick paver detectable warnings. If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the hardscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7. Periodic repairs or any concrete replacement associated with specialty surfacing (if applicable) shall follow the DEPARTMENT'S safety and maintenance guidelines and Exhibit "D", Patterned Pavement Maintenance. The AGENCY'S responsibility for maintenance shall include all hardscape areas on the sidewalk or within the medians, areas outside the travelway to the right-of-way, and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\SEBASTIAN\432325- 1\MOA Patt Pavt - Sebastian - final - revised 11.30.22.docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain hardscape improvements within the right of way of State Road 5 (US 1) as described within Exhibit "B"; 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 the highway facility as described in Exhibit "A" (attached hereto and incorporated by reference herein) within the corporate limits of the AGENCY; and WHEREAS, the Department and the Agency signed an agreement dated February 8, 1994, for State Road 5 landscaped medians from south to north City limits, and WHEREAS, the Department and the Agency signed an agreement dated June 15, 2015, for landscape and irrigation on State Road 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the intent of this Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (US 1) from CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. 19.971) for the hardscape improvements indicated in Exhibit "B". The maintenance responsibilities for the areas and items identified in the 1994 and 2015 agreements shall continue and not be impacted by this Agreement; and WHEREAS, the AGENCY is agreeable to maintaining those improvements within the AGENCY'S limits including hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and S:1Transportation Developnient0esignlln-1 louse Design\1 andscape ArchitecturelnGRFFMFNTSI1 MOMS FBAST lAN1432325- 11tvtOA Patt Pavl - Sebastian - final - revised 11.30.22 docx WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating 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 in Exhibit "E", desires to enter into this 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 shall install or caused to be installed hardscape improvements on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "B". Hardscape shall mean, but not be limited to, any non-standard roadway, sidewalk, median or crosswalk specialty surfacing, including concrete pavers, color stamped concrete, color stamped asphalt (also known as patterned pavement), and brick paver detectable warnings. If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the hardscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7. Periodic repairs or any concrete replacement associated with specialty surfacing (if applicable) shall follow the DEPARTMENT'S safety and maintenance guidelines and Exhibit "D", Patterned Pavement Maintenance. The AGENCY'S responsibility for maintenance shall include all hardscape areas on the sidewalk or within the medians, areas outside the travelway to the right-of-way, and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. S:1Transportation DevelopmenMesionlln-1 louse Desionll andscape hrchitectureV, GRFFh1FNTS11 MONSFR 6TV11J1432325- 1V00i Pali Pavt -Sebastian - final - revised 11 30.22 docx C. The maintenance 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. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limits of this agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to provide access to the items noted by the DEPARTMENT. This may require temporary or permanent removal of improvements such as hardscape, landscape or other items conflicting with the items to which the Department needs access. Should the Agency fail to remove or relocate items as requested, the Department may: (a) Remove conflicting improvements or any portion thereof. (b) Restore the area with any material meeting Department standards (c) Bill the Agency for any costs associated with removal and/or replacement of the improvements. Failure to cooperate with the Department may be considered in decisions on future requests for installations within Department facilities. 5. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the maintenance responsibilities for the improvements, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time, the DEPARTMENT may at its option, proceed as follows: (1) Maintain the hardscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, all of the hardscape improvements installed under this Agreement or any preceding Agreements, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the hardscape improvements listed in Exhibit "B" in the amounts listed in Exhibit "D" should the hardscape improvement fail to be maintained in S:\Transportation nevelopmenflf)esign\In-1 louse DesignV andscape AfchitectureV\GRFFMFNT1S\1 rvlOA\SFBAST IAN\432325- 1:MUA Patt Pavt - Sebastian - final - revised 11.30.22.docx accordance with the terms and conditions of this Agreement. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the hardscape 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 future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said hardscape improvements at AGENCY'S expense after which time the DEPARTMENT may remove same. All permits, fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional hardscape improvements within the limits of the improvements rights of ways identified herein, subject to the following conditions: (a) Plans for any new hardscape 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 from the DEPARTMENT. (c) All hardscape 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 hardscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 8. HARDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the hardscape improvements with an estimated amount of $446.400.00 as referenced in Exhibit "C". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the hardscape improvements' cost, as described in Exhibit "C" is limited to only those items which are directly related to the hardscape improvement plans. The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the hardscape improvements by the DEPARTMENT associated with the roadway construction project. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: SATianspoitation Develop mentU7esign\ln-I louse Design\I andscape tchitectureV�GRFEMENTS\1 MONSFBASTIAN\432325- 1\MOA Patt Pavt - Sebastian - final - revised 11.30.22 docx (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (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. 10. AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for as long as the hardscape items exist. B. If the DEPARTMENT chooses not to implement the hardscape improvements described in Exhibit "B", this Agreement becomes void and the original Agreement is reinstated if any. 11. 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 hardscape 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, subconsultants, 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 than 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 on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage 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 SATransportation Development0esign\In-1 louse Design\I andscape ArchitectureV�GRFFMFNTS\1 MOMSFBASTIAN\432325- 1\1` 1OA Patt Pavt - Sebastian - final - revised 11.30.22 docx insurance coverage 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. 12. 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 during the term of the contract; and (b) 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. 13. SUPERSEDED AGREEMENTS 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 hereof that are not merged herein and superseded hereby. 14. FISCAL TERMS 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 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. 15. 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. 16. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. S:\Transportation Development\DesignU-1 louse DesignA andscape /1tCtliteclure\AGREEIvIENTS\1 MONSEBAST IAN\432325- 1VA0A Patt Pavt - Sebastian - final - revised 11 30.22 docx DocuSign Envelope ID: 88A6092C-04C2-44FF-A67D-5921C369E478 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: irpersonlMayor/Manager Paul E. Carlisle, City Manager Attest�fKu-t-LQ W Q (SEAL) JClerk - Jeanette Williams Legal Approyal / j // Date � y An0 , kir ty Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: FSDocuSigned by fwt� f y"A& 12/18/2022 1 5:54 PM EST Date: Steven 0 'br'aun Transportation Development Director DocuSigned by: Attest: (SEAL) Executive Secretary Legal Review Date F�DocuSigned by: v'cun.uvx S"m. 12/14/2022 1 1:45 PM EST Office orNe General Counsel S:'Jfansportation r)e�,eleprnenttifJr.sia11 iri i „use Design\[ andscape Architec1u1e'_AGRFF1%hFNT5+i 0.fl)l11.SF13ASTlnN1A32325- 11fy OA Pali Pavt - Sebastian - final - revised 11.30 22 doex 17. 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 that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 18. NOTICES Any -aild bIr nofices- 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: Florida-6ept: of Transportation City of Sebastian 340Q West Commercial Blvd. 1225 Main Street __FtX ud,erdale, FL 33309-3421 Sebastian, FL 32958 Attu: District IV Landscape Attn: Paul Carlisle Architect cc: City Attorney 19. LIST OF EXHIBITS Exhibit A: Roadway Project Location and Hardscape Maintenance Boundaries Exhibit B: Hardscape Improvement Plans Exhibit C: Approximate Cost for Hardscape Improvements Exhibit D: Patterned Pavement Maintenance Exhibit E: Resolution S:\Transportation Development0esign\In-1 louse Design\l andscape wchitectureV�GRFE10FNT811 MONSFBAST InN\43232.5- 1\MOA Patt Pavt - Sebastian - final - revised 11.30.22 docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT A ROADWAY PROJECT LOCATION AND HARDSCAPE MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from Harrison Street (M.P. 18.737) to South of Davis Street (M.P. 20.232) II. LIMITS OF MAINTENANCE FOR HARDSCAPE IMPROVEMENTS: Hardscape improvements within the limits of State Road 5 (US 1) from Sebastian Boulevard (CR 512 Eastbound) (M.P. 18.823) to North of North Central Avenue (M.P. 19.971) III. HARDSCAPE MAINTENANCE BOUNDARY MAP: See Attached S:1Transportation DevelopmentMesignlln-1 louse DesignV andscape Architecture\AGRFFMFNTSI1 MOMSEBAST InN1432325- 11MOn Patt Pavt - Sebastian - final - revised 11.30.22 docx Wdlzoll 40004 fM (40,A mc.bf e:��or�lnq�w-.�pi-�vAnM,allf�0720125NwWNDARI' MN.09A MArC)4 LJNF SrA J0S3.0000 MATCH LJNF STA 1038"000 MATCH JJNF STA 1029.0000 MATCH LJNF STA 101/0000 I 1 1 1 � 1 ` I I ' I 1 , e' "_• I I I I I I L I I � C I I : E•. � i I I I I I _= i l I I I I I L_ I i I• 11 �' A o I I o l i 419\0 i • �.I ' I I = � Ilo� I Imo' II SIVASTIM OIYD KA 312•L01 Ik ` 0 Il O = II I 1 I II N I I 1I1 �_ I. I I o I II Il I I I` f Il V1 \ OW-4 CE'row ANC �II I �J N�/ r1 \ I N ST I I I 1 ton • \ \ T,puNAN IDGE ST I ` - 1 1 I {I ! I ( I t I II I� I " II I�� � II +I ' •� I 1 z mamy xP ar x mm m I I I W w II I io ; I�, � 4 >• ..I � !I o'I V% LFI'ELAND :, I t A b Ili 1- �� Lm IlA I� II N, I _ 1 gFre s' 1 � r ro m-- b I I 1 011.6000 I y !1 �, o x II Ii1 � 1 1 C I I s II Ill I I .I I M II ! m I II 11 1!o G II III I I q= II � 1! p III I I I I� 1 II �� `+f p IIII I + ii 1 li 11 t 0 1: III_ � 1 lii i �•� -i � � 1 !� l 1 III wASHrvG110f sl- I in 1° I ( ► eu SUAr - E sAva. �I� w01 I I (A I 11 MATCH LINE STA 1053#0000 I / zx "~1 I I I / MATCH LINE STA 1014.0000 •I N MATCH LINE Sr4 1029.0000 THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61GIS•23.004, F.A.C. SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT B HARDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the hardscape improvements in accordance with the roadway plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: John Cerreta, P.E WGI, Inc. Date: 9/21 /2022 S-.1Transportation Development0esignlln-1 louse DesignA-andscape Aichitectuie\AGREEMFt4TS11 MOMS FBAST IAN1432325- MOA Patt Pavt - Sebastian - final - revised 11 30.22 docx CURVE DATA BE) P1 STA. = 992+42.75 A 04'26'16' (RT) D 00.30'00' T = 444.00 1 887.55 R )),459.20 PC STA, 987+98.75 PT STA 996+86.31 ch ' 993 992 ROADWAY PLAN DETAILS LEGEND: O MILLING & RESURFACING Q 6' CONCRETE SIDEWALK r CONCRETE SIDEWALK Q RECONSTRUCTION ?9 0 PATTERNED PAVT. (RI -CRIMSON COLOR >r W/ DIAGONAL HERRINGBONE PATTERN) S; DETECTABLE WARNING SURFACE N � J M }] a REVISIONS OATy DESCRIPTION OATF R� � ;Sa BEGIN MILLING & BEGIN PROJECT RESURFACING RVEY sR MATCH EXIST. HARRISON ST.STA.94 + j STA. 995+38.00 STA. 996+58.43 I R/W,LINE�^ — - .'F%. --.. rr,,.... .. a >� SURVEY SR S 994 995 996 997 998; _ Q i SR 5 / US 1 -- ^- -- _ T PT STA. 996+86-31 N21'28'07-W LEI CURVE BE I +4 4 43.04' RT Z S-01 MATCH EXIST. 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Sd.O 0RT LICENSE AGREEMENT I!J R/IY LINE MATCH EXIST. REQUIRED TO MATCH EXIST. + 07 56.61' RT RELOCATE SIGN POST LICENSE AGREEMENT 02 7.4 ` F"` ) p MATCH EXIST. EXIST. TREE TO REQUIRED TO BE PROTECTED RELOCATE SIGN POST +6 . 44.9 VAUP RT MATCH EXIST, 49.06' RT MATCH EXIST. �, + 4 1 I J MATCH EXIST. MILLING & RESURFACING LIMITS MATCH EXIST. (76.00' Rr) >� �w SURVEY SEBASTIAN BLVD. Q cc SA Q- I111000S00T01A*-T81IO24X4. 0I "29 I SI ROTE I 70 B£ PROTECt D, Pl! J1N REVISIONS DESCRIPTION QAT£ DESCRIPTION 53.0 RT 6 09pRT MATCH EXIST. MATCH EXIST. i i ROADWAY PLAN DETAILS LEGEND: MILLING & RESURFACING LlH1T5 to O MILLING & RESURFACING MATCH EXIST. (70.00' RT) o o 6-CONCRETE SIDEWALK ¢ SURVEY COOLIDGE ST. ' v 4- CONCRETE SIDEWALK N _ O RECONSTRUCTION OPATTERNED PAVT.(RI-CRIMSON COLOR W1 DIAGONAL HERRINGBONE PATTERN) _ Q DETECTABLE WARNING SURFACE ' ENGINEER OF RECORD I ST3TE OF FLORIDA JOHN CERRETA, P.E. DEPARTATENT OF 7x4N.4PORTATTON P.E. LICENSE NUMBER 53992 IYGl, INC. ROAD NO. COUNTY FINANCIAL PROJECT 10 ROADWA Y PLAN 7035 VISTA PARKWAY WEST PALM BEACH. FL 33411 SR S INDIAN RIVfR 432325-1-52.01 SHEET NO. 14 W H CURVE DATA BL2 MATCH EXIST. MATCH EXIST. PI STA = 1006+99.42 A 03' 59' 40' I RT) t39� +3S-00 40.73 RT 40.79 RT t4$a50 40.93 AT aU.bl HI +44.Qg D 01'00'00' MATCH EXIST. 40.BS AT MATCH EXIST. 40.86' RT ( J•r` T = 99.91 - -NATCH EXIST. MATCH EXIST. _ NATCH EXIST. MATCH EX/STA Sp• L - 199.74- -- R . 2.864.93 1" 4F •1? .. - .p . - :1 .rC'r - gtnf, - PC STA. = 1005+99.51 l• " PT STA. . 1007+99.25 ter. 50.69 AT - - 4 Nl+39.96 50.88' AT 49.36' AT 5 .88 RT 50.37' AT - MATCH EXIST. + 4 52.53 AT TYPE D CURB 50.8Z AT TYPE D CURB MATCH EXIST. MATCH EXIST. TRANS. 52.4C R7 TRANS. MATCH EXIST. DETAIL 8 DETAIL C LICENSE AGREEMENT 03 +WLT 254f` LI REQUIRED TO MATCH EXIST. MATCH EXIST. RELOCATE SIGN POST 50.7 L + 0• MATCH EXIST. yQg +240p +J7.00 MATCH EXIST. + MATCH tr MATCHLEXIST. LICENSE AGREEMENT x5 �• Lt MATT LT MATCH EXIST. HATCH EXIST. MATCH EXIST. 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I' C&G - �- +$¢Q 47 +4200 + SO.54' RT Nr c; �., ~~_ -� 49.84• RT MATCH EXIST. .1 9�trH 43 ~-1 MATCH EXIST��o_ N -- +rs>,. CIFIVT L -� EXIST. TREE TO 1 ACE. 44 BE PROTECTED ROADWAY PLAN DETAILS LEGEND: MILLING & RESURFACING LIMITS O MILLING & RESURFACING MATCH: EXIST. (70.00' RT) _ 4$ 0 6" CONCRETE SIDEWALK 4" CONCRETE SIDEWALK STATION OFFSET SIDE TREE DISPOSITION PAY ITEM RAY LINE RECONSTRUCTION 1054+46.88 51.07 Rr TO BE PROTECTED 110-71 QPATTERNED PAVT. (RI -CRIMSON COLOR 1060+48.75 47.06 RT TO BE REMOVED J10-23 1060+64.06 54.)7 RT TO BE PROTECTED 110.21 W/ DIAGONAL HERRINGBONE PATTERN) 1060#84.38 52.90 RT TO BE PROTECTED 110-21 DETECTABLE WARNING SURFACE 106J+04.32 53.17 RT TO BE PROTECTED 110.21 „i REVISIONS ENGINEER OF RECORD ST.l TS OF FLORIDA DATE Dff['RIPTIDN DATF DESCRIPTION 10HN CERRETA P.E. OBPAR"IHNT OF TRAIK4PORTATT01V g P.E. LICENSE NUMBER 53992 ROADWA Y PLAN M1 - ROAD NO. COUNTY T !D ^ INC. 203 R 2035 VISTA PARKWAY MYEST PALM BEACH, FL 33411 SA 5 IND/AN RIVER flNANCIAL PRO/EC 4313I5 1-SI-01 w � I SHEET NO. 22 + so.Is• cr EL. 15.75 �1 L + �IT 50.15• LT EL: 15.46 EL. t16.26 .SQ + EL. m16.12 EL. s16.5. + Is EL. t15.8241.98• LEL. _15.76IST. :•• _ -+ r�n1 "ad i$ ►4 L q� % SIT LT MATCH EXIST. ♦2.20' T +70.,M r 42.2d tT 4 .94' LT EL. t15.98 LICENSE AGREEMENT EL. =1527 4 . L 41.99 LT EL. _15.92 REOUIRED #16 EL. 2)5.33 EL. _1S.63 + o 4 . L 1d WEST OF R/W LINE 41.94 L S•03 r EL. 15.89 +7 . EL. 15.87 L 41. 4 LT MATCH EXIST. EL. 15.83 t so.15• L DETAIL A MATCH EXIST. +SS. S Qf 5- LT +9.90 47,00' HATCH EXIST. 49.94' LT l7.Od LT 4 +91.D0 'MATCH EXIST. MATCH EXIST. •L 9.33 MATCH EXIST. 47.17 LT +46.00 + 4 8 L +64,.00 MATCH EXIST. d8.W LT ;MATCH EXIST. 47.Od LT R/W LINE MATCH EXIST.` MATCH EXIST. 40 � HATCH EXIST, -_ - _ i - - - -� Q CRf ... Y 9FJT•.'1I:. . . .. ....L D,... y DTf:JJ Jpc�•-BFOrfnl• 9Fo,[Dr "2tffl17r1-rOt,�.. sFOrvDt. } \` S 03. + 2' R + 7 DO O to SEE DETAIL 'A� 7 o 41.9 @ SURVEY SR 5 b O ON THIS SHEEN L MATCH EXIST. PROP. TYPE F C&G SEE DETAIL 'A' Q _ - - - = 1 �,62 ON THIS SHEET 1063 1064 1065: - _ 1066. IDOL 1.06&- -z- Q CA ADJUST MANHOLE TOP +67.44 3�- - - - - - - - - - - - - - - - _ - _- - - N36'394Z^W _-- = - - _ Uj PROP. TYPE F C&G 39.77 RT SR 5 US ] LU Z MATCH EXIST. y 4�1 III PULLBOX Yc Z +Ro.6s MArc RT Ri MATCH FX15T. PROP. TYPE F C6G MATCH E KJ. -�..�-., :-• "r CfPG 1� .��.�Ll?•: 7:: hi.+'!'•-:•. �•�•" pCr5�To1;,: .1'•:..�•'�.•.x1:.4 ia'.-+i.�•�:':..: ,ZIlrAtir<,.YI'.: •-. -� •�C••i� .•�..�..?,:::.1� ti't•fi '.-J.iFI'iw.'::.1 •.'..•:"..'•'�.:'.. ti•f.oti:'.::�.; �•a^'s�S".�� u - JEXIST. TREE TOfIID GRAVITY WALL lox + 77.��__+0 01' RT +8E REMOVf� END PIPE GUIDERAIL 4 .4. - O.OS 0' RT 45.2 RT + 45 9ZRr � -� .� EXIST. TREE TO IINnFX 515-0701 + MATCH EXIST. +R q 1 RT.•.BE REMOVED +83.00,-4534- RT 44.98' RTMATCH EXIST. + 7. 4 flip R/W LINEADJUST MANHOLE TOPMATCH EXIST.RAVITY WALL MATCH EXIST. PIPE GUIDERAIL EXIST. TREE TO 515-OJO) STATION OFFSET SIDE TREE DISPOSITION PAY ITEM BE PROTECTED EXIST. TREE TO + 3.0#, 48.f3 AT EXIST. TREE TO 1061N7905 5350 RT TO BE PROTECTED 110-11 BE PROTECTED BE REMOVED 1061#94.67 34D8 RT TO BE PROTECTED 110-71 1064#06.17 46.80 RT TO BE REMOVED 110-73 )006#6508 47.89 RT TO BE REMOVED 110-73 1066#8086 43SO RT TO BE REMOVED 110-23 ROADWAY PLAN OFTAILS IEC,END, MILLING 6 RESURFACING 6' CONCRETE SIDEWALK 46 SURVEY NORTH � 4- CONCRETE SIDEWALK g ICENTRAL AYE._ • ` � _4 O RECONSTRUCTION y 47 IVOR7-H 1 _�` -'---�_ 4- CONC. DITCH PAVT. a CEVrRAC Ave• 48 _ 1 ~ PATTERNED PAVT. (RI -CRIMSON COLOR 3 = ��_ ~ I DIAGONAL HERRINGBONE PATTERN) 49 DETECTABLE WARNING SURFACE = REVISIONS ENGINEER OF RECORD ST--STE OF PLORIDA �i OATF OFSCRIPTION DATP DESCRIPTION JOHN CERRETA P.E. DBPAR"YEA"r OF 7RANSPORTATIOJV P.E. LICENSE NUMBER 53992 ROAD NO. COUNTY FINANCIAL PROJECT ID ROADWAY PLAN a WGI, INC. 'n T �l WEST PALM BEACH. 2035 VISTA QFL 3341 J SR S 1NOJAN RIVER 431325.1.52.01 SHEET NO. 23 v Q v, i 4„ o o N SURFACING LIMITS MILLING S RE70•00 LT, MATCH EXIST. 1 W r d + a y M� CH IST• MAH EXIST- EXc iA 0, z 00 p L T. d AT M, N E%IST 4 LT MATCH EXIST Of n MATCH E%IS + TCN EXIST• Rfly LINE w M + T NA ¢ I MATC�• L—��� v+ MATCH Or EXIST I _�;' +2 HATCH EXIST -A"oTli L nb 68 w L 9— t 075 a + %I5T MATTHE _ w., 4 + 5• LT T RINI LINE f MATCH EXrs ' _ �`' + ' `tid 73 -- W ;iA CH E%I5T +g0OO 17n•'' .s q �H EXIST. q — L T 4 NIo�-- MAT w + 9 ERiST. MATCH E%i5 ��—Tt0) +• �� 0?.Z- — EY MATCH -C %. . 9FO ,j. — 4 U.. 4 j �-• �._ T '-,MATCH EXssS r e , J =,- + _ c t;i ? 0 RPN LINE �1 f C&G ATul EXIST, 4, v 1ECT ku et q SURVEY SR 5 _ a- = _ �S 1 PROP. TYPE 5.05 .w OU f " END PRO NG & i M1 A, G SR 5 i cR.� END C1N m g _- = == ' ` HATCHXtST' ='"f `' 5p.ov R RETGH EXIST. `"- "° : l06 _ w c's = - _ t ao MA +O0.00 ru l TCN EXIST., Offe r f'1 ° f•;, 'r(+C v - r = + z SAT EXIST•^- N ( URfACING LIMITS o R MILLING & RES Oa RT) 7 MATCH EX►5T• y� ' MATCH EXIST. (78 & RESURFAC)NG o + O + MILLING qJ rylOE19ALK u + .7 A cr � T. TREE RrN LINE + CONCRETE EXIgE 74 ©� CONCRETE 510�K v TO 2q 47.8 RT i ''• RECONSTRUCTION o + T d8.8'T EXIST gb.g5 REXIST 4' PITCH pAVT• ON COLOR W MATCH MATCHn" CONC (It GBO E PATTERN) F ST' PA ERRINGBONE SURVEY DAVISa DE E� E WARNING SURFACE SHEET ^! Q ND. y LAN 24 ROApypAY OF WItIVA ATTON STETS PORT PA/ pEM ORpARTy1fit OF T' clAL PRo/ECT !D E pISPOSITED I10•21 FlNAN 8) o IOM OFFSET S Df IRE of REKayEO OF RECORD tOUt1TY 432325"3'52• RAT as MAT ENGINEER RCAp NO RIVER lobe+�53 CERREFA. P.E. 53992 5 INDIAN Y� OHN ERR NUMBER 5R cemse 5Ijl5TA 1 EACHaFL 334I1 cT PALM B �►+�•. SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT C APPROXIMATE COST FOR HARDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida Department of Transportation and the AGENCY. Anticipated Terms of a Separate Agreement I. FDOT PARTICIPATION: $ 0.00 Il. AGENCY PARTICIPATION: $446,400.00 Via Separate Agreement III. APPROXIMATE HARDSCAPE IMPROVEMENT COST: $446,400.00 Amounts are approximate Itemized Cost Estimate for Hardscape Improvements: ITEM # ITEM QNTY UNIT UNIT COST COMMENT PRICE Patterned Parking Stalls and 523-1 Pavement, 3100 SY $ 120.00 $372,000.00 Crosswalks Vehicular Areas $74,400.00 20% Contingency TOTAL APPROXIMATE COST: $ 446,400.00 SATransportation Development0esign\In-1 louse Design\I andscape nrchitectuie\AGRFFMFNTS\1 MUA\SFRASTIAN\432325- 1\WIOA Pat( Pavt - Sebastian - final - revised 11 30.22 docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT D PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. "Maintenance" of all patterned pavement crosswalks in these Agreements shall be defined, as a minimum, to include its frictional characteristics and integrity as follows: 1. Within 60 days of project acceptance by the Department, all lanes of each patterned crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or Dynamic Friction Tester in accordance with ASTM E1911. All costs for friction testing are the responsibility of the AGENCY. 2. The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN40R) or equivalent (FM 5-592 attached). Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (land -by -land) and replaced with the same product installed initially. The AGENCY is responsible for all costs associated with the removal and replacement of the crosswalk. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. 3. Approximately one year after project acceptance and every two years thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTME 1911. Friction resistance shall, at a minimum, have a FN40R value of 30 (or equivalent). 4. The results of all friction tests shall be sent to the Operations Engineer at the local FDOT District Four Operations Center located at Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL 34982 (772) 465-7396, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. 5. Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by -lane) and replaced with the same product S:\Transportation Develop ment\Design\In-I louse Design\l andscape Architecture)\GREEMENTS\1 IAOA\SEBAST IAN\432325- 1\MOA Patt Pavt - Sebastian - final - revised 11.30.22 docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL, or replaced with conventional pavement. 6. When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. 7. The Department will not be responsible for replacing the treatment following any construction activities by the Department in the vicinity of the treatment, or any costs for testing. 8. Should the local agency fail to satisfactorily perform any required remedial work or testing in accordance with this agreement, the Department reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the local agency for this cost. S:1Transportation Development0esignU-1 louse Design\I andscape ArchitectureW3REEMENTS\1 MOA\SFBAST IAN1432325- 11MQA Patt Pavt - Sebastian - final - revised 11.30.22 docx SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT E RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached (Will be provided by City) S:1Transportation Development0esignMn-1 louse Designll andscape Aichi1ecture\AGRFFMFNTS\1 MOMS EBAST IAN1432325- 11MOn Patt Pavt - Sebastian - final - revised 11.30.22 docx RESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attorney to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Nunn The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: Council Member Ed Dodd aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Kelly Dixon nay The Mayor thereupon declared this Resolution duly passed and adopted this 21 st day of November 2022. ATTEST: bhnette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: t Mayor Fred ,Tones Approved as to Form and Content for Reliance by the City of Sebastian FDOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY June 1, 2023 Paul Carlisle. City of Sebastian 1225 Main Street City of Sebastian, Florida 32958 RE: FM #:432325-1 LFA Amendment One Dear Paul, Enclosed please find a copy of a fully executed FM # 432325-1 LFA Amendment One Also included is a copy of the Resolution No. R-22-33. These 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 954-777-4217. Sincerely, Susan Dale enc: 432325-1 Amendment One copy: District Financial Services Ryan Drendel- FDOT Construction Diego Velazquez — Treasure Coast Operations Work Program Manager File www.fdot.gov I www.d4fdot.com DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-02 Vendor No: VF-596-000-427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF SEBASTIAN LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER ONE 05/31/2023 1 3:55 PM EDT THIS Amendment made and entered into this day of , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and City of Sebastian located at 1225 Main St., Sebastian, FL 32958, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, on December 15, 2022, the parties entered into a Locally Funded Agreement, hereinafter referred to as the Agreement, wherein the PARTICIPANT agreed to provide the DEPARTMENT financial assistance in connection with Financial Management (FM) No. 432325-2-52-02 for the stamped asphalt pavement patterns during the Department's construction work along SR-5/US-1 from Harrison Street to south of Davis Street, in the City of Sebastian, Florida, hereinafter referred to as the Project; and WHEREAS the parties hereto desire to amend the Agreement; and WHEREAS the parties hereto mutually agree that this Amendment is in their best interest. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Agreement dated December 15, 2022, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment increases the PARTICIPANT'S share of the Project, due to the Project apparent lowest bid came in higher than estimated. Paragraph 5 and 5A of the Agreement are hereby amended as follows: The total cost for the Project is estimated to be THREE HUNDRED MILLION NINE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED SIX DOLLARS AND NO CENTS ($3,942,906.00). The PARTICIPANT'S cost for the Project is FOUR HUNDRED EIGHTY THOUSAND ONE HUNDRED FIVE DOLLARS AND NO CENTS ($480,105.00). The PARTICIPANT deposited FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS which was paid to the DEPARTMENT on January 4, 2023. An additional payment of $33,705 was deposited to the DEPARTMENT on March 27, 2023. In the event the total Project cost is less than the funds provided, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. 1 of 3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-02 Vendor No: VF-596-000-427 Paragraphs 5B, 5C are deleted. Paragraph 5D, 5E, 5F, and 5G of the Agreement shall remain in full force and effect. All provisions, covenants, terms, and conditions of the Agreement between the parties theretofore entered into on December 15. 2022, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. The remainder of this page left intentionally blank 2 of 3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE FM No: 432325-1-52-01/02 FFID No: F596000427 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. R-22-33 , hereto attached. ATTEST: CITY OF SEBASTIAN, FLORIDA TY CLERK MAYOR APPROVED7 TO FORM & LEGAL SUFFICIENCY: 7 — �- CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT ATTEST: DocuSigned by: BY: .�'ii8R486FE8684A2. EXECUTIVE SECRETARY APPROVED: DocuSigned by: BY: 7(: 57QR�FfiFq F7 DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DocuSigned by: Bfyw" Y: .. STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSOPORTATION DEVELOPMENT LEGAL REVIEW: Er ocuSigned by: aan G�V�t, S{-c,t, Avu BY: FRRR 2RRArA OFFICE OF THE GENERAL COUNSEL 3 of3 DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE RESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attorney to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Nunn . The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: DocuSign Envelope ID: 314C4FD3-5165-4CEC-8269-523836800FOE Council Member Ed Dodd aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Kelly Dixon nay The Mayor thereupon declared this Resolution duly passed and adopted this 21 st day of November 2022. ATTEST: iJ`�• �anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to Form and Content for Reliance by the City of Sebastian