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Resolution 079-2014RESOLUTION NO. 079 -2014 WHEREAS, the DEPARTMENT has jurisdiction over State Road (S.R.) -51US-1/Overseas Highway from Bay Drive (MM 99.9) to 1850 feet north of Linda Drive (MM 106.25) on the Bayside, which is located within the limits of the COUNTY; and TMIA - MITTIVIR3 U11 LIM DUYSIUC QTTA.'T7r'T-'7/uversc77 n7gaway Trurnday Tinve Eo I 6:)V feet north of Linda Drive, WHEREAS, the COUNTY will construct a Shared Use Path with the associated pavement markings, landscaping, drainage and signage systems in accordance with dri design plans referenced in Contract # ARA97(the "Project"); and WHEREAS, the PARTIES to this AGREEMENT mutually recognize the need For entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the Shared Use Path, pavement markings, flandscaping, drainage and signage systems installed pursuant to the Project; and WHEREAS, the recitals set forth above are true and correct and are deemed to be restated herein. The Shared Use Path, Pavement Markings, Landscaping, Drainage and Signage Maintenance Memorandum of Agreement between the State of Florida Department of Transportation and Monroe County, Florida is hereby approved. I 1111MM101D.Py 11 site PMU12� ' AL 10 0 Mayor Sylvia Murphy Yes Mayor Pro To Danny Kolhage Yes Commissioner George Ne ent Yes Commissioner Heather Carruthers Yes Commissioner David Rice — Te - — s gm BOARD BEAVILIN, Clerk OF MOD a , / y 14 MONROT-- COUNTY AT"ORNEY APPROVED AS TO FORM: 2Ls tt t QL�1— CHRISTINE M. LIMBERT-BA-IROWS ASSISTANT COUNTY ATTORNEY I i 'AIN00i 30SNOW 1:) *811 V111 4 7 1 z wd 13 udv 410Z ' C 0603A 803 0311A FD;nT- Florida Department of Transportation FUCK SCOTT 1000 NW 111 Avenue ANANTH PR Asp D, P.E. GOVERNOR Miami, FL 33172 SECRETARY SE321M Ms. Judith S. Clarke, P.E. Director of Engineering Services County of Monroe 1100 Simonton Street Key West, Florida 33040 Re: Maintenance Memorandum of Agreement Notice of Execution S.R. 5/Overseas Highway from Bay Drive to 1850 feet north of Linda .f r! on the Bayside I Thank you on behalf of the Department for your assistance in expediting the ,-,Xecution of the Agreement. If you have questions or concerns, please feel free to -470-5285. ntact me at 305 Pablo Valin Contract Manager cc: Kenneth Jeffries; File collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (S.R.) 5 /US -1 /Overseas Highway from Bay Drive (MM 99.9) to 1850 feet north of Linda Drive (MM 106.25) on the Bayside, which is located within the limits of the COUNTY; and B. The DEPARTMENT, pursuant to Contract # ARA97, has agreed to have the COUNTY design and construct a Shared Use Path and beautification improvements on the Bayside of S.R.5/US- I/overseas Highway from Bay Drive to 1850 feet north of Linda Drive, the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The COUNTY will construct a Shared Use Path with the associated pavement markings, landscaping, drainage and signage systems in accordance with the design plans referenced in Contract # ARA97(the "Project"); and E- The COUNTY, by Resolution No. 0 -101 - V 014 , dated AWil Abts L?14, attached hereto as Exhibit IBI, which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do SO. F To the extent permitted by law, the COUNTY shall Maintenance Memorandum of k-regiment between Florida Department of Transportation and Monroe County Page 1. of 13 appropriate in its annual budget, for each Fiscal Year, funds lawfully available to satisfy its maintenance responsibilities under this AGREEMENT. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. a) The following term, as used in this AGREEMENT, is defined as follows: i. "SHARED USE PATH" - Asphalt shared used path, including all other construction elements such as stabilization, base, detectable warning surfaces, concrete approaches, new drainage features including French drains, landscaping, new signs, new pavement markings and Raised Pavement Markers (RPMs). The limits of the path are further defined to extend horizontally 5 feet on either side and extend vertically 10 feet over the path within the PROJECT LIMITS. b) Assignment 3.00 Y'3 MAINTENANCE RESPONSIBILITIES Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 2 of 13 3.1 Landscape: a) Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. This requirement is applicable to all new landscaped areas and all existing landscaped areas adjacent to the Shared Use Path, per the MRP Handbook. b) Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable DEPARTMENT guidelines, standards and procedures, as may be amended from time to time. All replacement materials Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 3 of 13 shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. c) Mulching all plant beds and tree rings. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. e) Watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. f) Paying for all water use and all costs associated therewith. g) Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 3.1A through 3.1G, h) Activities described by 3.1A through 3.1G are also required for any relocated trees. a) Performing routine and regular inspections of the Shared Use Path surface to ensure that the surface is fully functional; identifying damage and /or malfunctions in the surfaces; and repairing and /or replacing damaged areas to ensure surfaces are maintained and that they do not pose safety hazards for those using or intending to use the Shared Use Path. b) The COUNTY shall conduct annual condition surveys of the surfaces for gaps, settlement, drop -offs, rutting, raveling, pot holes, delamination, cracking and other deficiencies described in this AGREEMENT for the life of the Shared Use Path. c) Gaps within the surfaces shall not exceed three quarters (3/4) of an inch. Differential settlement within the concrete /asphalt surfaces shall not exceed a quarter (1/4) of an inch in depth. d) Maintenance and reparation (when needed) of proposed asphalt aprons around proposed drainage inlets. e) Paint and reparation (when needed) of proposed security bollards. f) Maintenance and reparation (when needed) of proposed Maintenance Memorandum of Agreement bm een Florida Department of Transportation and Monroe County Page 4 of 13 de warning surface as specified in the PLANS and the latest STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION g) Repairing and/or replacing damaged concrete/asphalt slabs/flags shall be in kind (texture, geometry, color, strength, etc.) and in accordance with all applicable DEPARTMENT guidelines, standards, and all applicable American with Disabilities Act (ADA) requirements, as amended from time to time. h) When remedial action is required in accordance with the above requirements, the COUNTY at its own expense shall complete all necessary repairs within ninety (90) days of the date the deficiency is identified. 3.3 Pavement Markings, RPMs and Signage: a) Sweep the pavement marking surfaces periodically to keep them free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. b) Re-move and properly dispose of litter from the pavement marking surfaces. c) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the pavement markings, the product authorized installer should be contacted. d) maintenance of all proposed signage including sign panels and supports (posts) and thermoplastic pavement markings (including RPMs) within project limits per the MRP Handbook. e) When remedial. action is required in accordance with the above requirements, the COUNTY shall complete all necessary repairs at its own expense within ninety (90) days of the date the deficiency is identified. a) The proposed Shared Use Path will reduce the pervious swale areas. As such, the COUNTY shall maintain all drainage features constructed under this project. b) Maintain the drainage system operating as designed by cleaning and desilting the drainage system, including pipes, structures, and French drains, from debris and other material that can accumulate throughout the life of the system. Fix all damaged drainage systems. Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Pap 5 of 13 c) Performing routine and regular inspection of the drainage features to assure that the systems are fully functional; identifying damage and/or malfunctions to the system(s) and repairing and/or replacing broken components. d) The COUNTY shall conduct annual condition surveys of the drainage features for deficiencies described in this AGREEMENT for the life of the Shared Use Path. e) When remedial action is required in accordance with the above requirements, the COUNTY at its own expense shall complete all necessary repairs within twenty (20) days of the date the deficiency is identified. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the Shared Use Path, signage, drainage, pavement markings and landscape to ensure that the COUNTY is performing its duties pursuant to this AGREEMENT. The DEPARTMENT shall share with the COUNTY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The COUNTY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. remove any or all the Shared Use Path, pavement markings, signage and landscape located within the PROJECT LIMITS, and charge the COUNTY the reasonable cost of such removal. To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the COUNTY: Monroe County County Administrator's office 1100 Simonton Street Key West, Florida 33040 Attention: County Administrator Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. Z4 0 a. The PARTIES agree that the Shared Use Path, pavement markings, signage, drainage and landscape addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's sole discretion. In the event that the DEPARTMENT relocates or adjusts the Shared Use Path, pavement markings, signage and Landscape, the COUNTY I s maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the Project Limits, 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the COUNTY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 7 of 13 Section 4 of this AGREEMENT. C. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7- b. E-Verify The COUNTY / Contractors or Vendors: i. 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 Vendor/Contractor during the term of the contract; and ii- 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. The COUNTY shall insert the above clause into any contract entered into by the COUNTY with vendors or contractors hired by the COUNTY for purposes of performing its duties under this AGREEMENT. C, This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 8 of 13 no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. f. venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. 9- A modification or waiver of any of the provisions of this AGREE14ENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i. The section headings contained in this AG E. are for reference purposes only and shall not affect the meaning or interpretation hereof. Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the COUNTY shall promptly Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 9 of 13 Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 10 of 13 this provision by the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written, CIO of COUNTY: STATE OF FLORADA DEPARTMENT OF TRANSPORTATION: I .. BY C0=Y Attorney s Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page I I of 3 3 District Chief",ICounsel EXHXB X T " A -r wwga��� Below are the limits of the Shared Use Path, pavement markings, signage, drainage and landscape to be maintained under this AGREEMENT. Agreement Limits: From Bay Drive DIN 99-9) to 1850 feet north of Linda Drive (MM 106.25) on the dayside co%=ty; Konroe Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 1 2 of 13 EXHXBXT " B " MONROE COUNTY RESOLUTION To be herein incorporated once ratified by the COUNTY Board of Cornissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 13 of 13