Item B14M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: B.14
Agenda Item Summary #3358
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754
N/A
AGENDA ITEM WORDING: Approval of resolution authorizing County staff to execute and
enter into a Community Aesthetic Feature Agreement between the Florida Department of
Transportation and the County for entrance signs on the Right -of -Way of US 1 on Big Pine Key, as
requested by the Lower Keys Chamber of Commerce and authorizing the County Administrator to
execute the agreement and related documentation.
ITEM BACKGROUND: At the July 2016 BOCC meeting, engineering staff was given direction
to work with the Lower Keys Chamber of Commerce (LKCC) on their request for welcome signs to
be fabricated and installed on Big Pine Key. The LKCC at their November 16, 2016 meeting voted
to contribute $10,000 to the project. This type of signage project is part of FDOT's Landscape and
Community Aesthetic Features (CAF) program. The County contracted with Keith and Schnars, P.A.
to work with the LKCC and prepare 100% sign plans and specifications for the project. Keith and
Schnars, P.A. has rendered 60% design submittals (attached in the agenda item back -up) based upon
the LKCC's selection of permissible FDOT welcome signs. The creation and installation of the signs
is estimated at $13,000.00. FDOT requires a resolution by the County to move this project to the
FDOT review phase. The CAF agreement (in draft form) to be executed by the County
Administrator, upon final approval of the project by FDOT, is included in agenda back -up.
PREVIOUS RELEVANT BOCC ACTION:
January 2017 — the BOCC approved a task order with Keith and Schnars, P.A.in the amount of
$18,911.92. The total project including design, fabrication and installation is estimated at
$31,911.92.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval by Resolution of a FDOT Community Aesthetic
Feature Agreement.
DOCUMENTATION:
FDOT CAF Agreement Resolution
FDOT CAF Agreement
8.31.17 BPK Welcome Sign
FINANCIAL IMPACT:
Effective Date: September 20, 2017
Expiration Date: upon final acceptance by FDOT
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: No
Additional Details: see
If yes, amount:
ion agenda item 2491 January 18, 2017
N/A
REVIEWED BY:
Judith Clarke
Completed
08/31/2017 3:32 PM
Christine Limbert
Completed
09/01/2017 3:15 PM
Budget and Finance
Completed
09/01/2017 3:31 PM
Maria Slavik
Completed
09/03/2017 3:14 PM
Kathy Peters
Completed
09/05/2017 9:49 AM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
�# % 1 R
WHEREAS, the Monroe County BOCC, in response to a request from the Lower Keys
Chamber of Commerce, approved a task order in the amount of $18,911.92 with Keith &
Schnars, Inc. f o r t he engineering and design of Big Pine Key Welcome Signs at the 18' January
2017 meeting; and
WHEREAS, the Monroe County BOCC will commit additional estimated funds of $13,000
for the signs to be bid for construction and installed with matching funds from the Lower Keys
Chamber of Commerce, in the amount of $10,000; and
WHEREAS, the County shall enter into a Community Aesthetic Features Agreement wi
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the Florida Department of Transportation and be responsible for the perpetual maintenan e tj
Big Pine Key Welcome Signs Project, including all costs as specified in the Communi
Aesthetic Features Agreement; and I
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
Section 1. The Board of County Commissioners hereby authorizes staff to execute and ent'M
into a Community Aesthetic Features Agreement between Monroe County and the Flori
Department of Transportation (FDOT). I
Section 2. This Resolution shall be effective upon approval and will be conveyed to the
FDOT, the Lower Keys Chamber of Commerce and any other persons as directed • the BOCC.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 18 `h day of October, A.D.,
2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
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Attest: Kevin Madok, Clerk
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MONROE COUNTY ATrORNEY
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CHRISTINE LIMBERT-iiARROWS
ASSISTANT CRUNTY ATTORNEY
DATE:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
COMMUNITY AESTHETIC FEATURE AGREEMENT
Section No.
CAFA No.
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This Community Aesthetic Feature Agreement ( "Agreement ") is entered into this day of
between the State of Florida, Department of Transportation ( "FDOT ") and
( "Agency "). FDOT and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the
"Parties."
RECITALS
A. The Agency has requested permission from FDOT to install a [CHOOSE ONE: ❑Public Art — Standalone, ❑Public
Art — Add On /affixed, ❑Local Identification Marker — Standalone, ❑Local Identification Marker — Add On /affixed]
community aesthetic feature on that certain right -of -way owned by FDOT which is located at
in County, Florida ( "Project ").
B. FDOT agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in
positive economic development, and increase tourism both locally and throughout Florida.
C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this
Agreement.
AGREEMENT
1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ( "Effective
Date ") and continue through , which is determined as the lifespan of the Project, unless terminated at an
earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within
C___) days of the Effective Date of this Agreement, FDOT may immediately terminate this Agreement.
This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing
executed by both Parties to this Agreement.
2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ❑Public Art — Standalone, ❑Public Art —
Add On /affixed, ❑Local Identification Marker— Standalone, ❑Local Identification Marker — Add On /affixed], as more fully
described in the plans in Exhibit "A ", attached and incorporated in this Agreement.
3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to
fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated
in this Agreement as Exhibit "D ". FDOT shall not be responsible for any costs associated with the Project. All
improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this
permissive use of FDOT's right -of -way where the Project is located does not vest any property right, title, or interest in or
to the Agency for FDOT's right -of -way.
4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.
The Agency is responsible for the design, construction, and maintenance of the Project in accordance
with all applicable federal, state and local statutes, rules and regulations, including FDOT standards and
specifications. A professional engineer, registered in Florida, shall provide the certification that all design
and construction for the Project meets the minimum construction standards established by FDOT and
applicable Florida Building Code construction standards. The Agency shall submit all plans or related
construction documents, cost estimates, project schedule, and applicable third party agreements to FDOT
for review and approval prior to installation of the Project. The Agency is responsible for the preparation
of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a
complete set of specifications covering all construction requirements for the Project. Six (6) copies of the
design plans shall be provided to FDOT's District Design Engineer, at
FDOT will review the plans for conformance
to FDOT's requirements and feasibility. FDOT's review shall not be considered an adoption of the plans
nor a substitution for the engineer's responsibility for the plans. By review of the plans, FDOT signifies
only that such plans and improvements satisfies FDOT's requirements, and FDOT expressly disclaims all
other representations and warranties in connection with the plans, including, but not limited to the
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integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in
accordance with the plans. FDOT's review of the plans does not relieve the Agency, its consultants or
contractors of any professional or other liability for the plans. All changes required by FDOT shall be
made by the Agency and final corrected plans shall be provided to FDOT within thirty (30) days.
b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall
determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work
not required to be borne by the utility by Section 337.403, Florida Statutes.
The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
( "MOT ") throughout the course of the Project in accordance with the latest edition of FDOT Standard
Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making
any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of
FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from
FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by FDOT prior to implementation.
d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local
agency.
e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from FDOT's Construction
Project Manager, , at L__) - or from an appointed designee.
The Agency is authorized, subject to the conditions in this Agreement, to enter FDOT's right -of -way to
install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement
creates a permissive use only. Neither the granting of permission to use FDOT's right -of -way nor the
placing of facilities upon FDOT's right -of -way shall operate to create or vest any property right in or to the
Agency. The Agency shall not acquire any right, title, interest, or estate in FDOT right -of -way, of any
nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement
including, but not limited to, the Agency's use, occupancy or possession of FDOT right -of -way.
FDOT shall have the right, but not the obligation, to perform independent assurance testing during the
course of construction and throughout the maintenance term of the Project. If FDOT determines that a
condition exists which threatens the public's safety, FDOT may, at its discretion, cause the Project to
cease and /or immediately have any potential hazards removed from its right -of -way at the sole cost,
expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30)
days, FDOT may remove the safety hazard at the Agency's sole cost, expense, and effort.
The Agency shall be responsible to ensure that construction of the Project is performed in accordance
with the approved construction documents, and that it will meet all applicable federal, state, and local
standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit
„
i. The Agency shall notify FDOT a minimum of forty eight (48) hours before beginning the Project within
FDOT right -of -way. The Agency shall notify FDOT should installation be suspended for more than five (5)
working days.
Upon completion of the Project, the Agency shall notify FDOT in writing of the completion of the
installation of the Project. For all design work that originally required certification by a Professional
Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed
and sealed by the Responsible Professional for the Project, the form of which is attached to this
Agreement as Exhibit "E ". The certification shall state that work has been completed in compliance with
the Project construction plans and specifications. If any deviations are found from the approved plans,
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the certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation. The Agency and its contractors shall remove their presence, including, but not
limited to, all of the Agency or its contractor's/ subcontractor's / consultant's/ subconsultant's property,
machinery, and equipment from FDOT right -of -way and shall restore those portions of FDOT right -of -way
disturbed or otherwise altered by the Project to substantially the same condition that existed immediately
prior to the commencement of the Project, at Agency's sole cost and expense.
k. If FDOT determines that the Project is not completed in accordance with the provisions of this Agreement,
FDOT shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the
date of receipt of FDOT's written notice to complete the Project and provide FDOT with written notice of
the same ( "Notice of Completion "). If the Agency fails to timely deliver the Notice of Completion, or if it is
determined that the Project is not properly completed after receipt of the Notice of Completion, FDOT
may: 1) provide the Agency with written authorization granting additional time as FDOT deems
appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and
expense, without FDOT liability to the Agency for any resulting loss or damage to property, including but
not limited to machinery and equipment. If FDOT elects to correct the deficieny(ies), FDOT shall provide
the Agency with an invoice for the costs incurred by FDOT and the Agency shall pay the invoice within
thirty (30) days of the date of the invoice.
Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the
Project, including all costs. The Maintenance schedule shall include Initial Defect, Instantaneous
Damage and Deterioration components. The Initial Defect Maintenance inspection should be conducted,
and any required repairs performed during the Construction Phase. The Instantaneous Damage
Maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is
intended to identity short term damage that does not develop over longer time periods. The Deterioratior
Maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify
defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated
actions such as those causing fatigues, normal or severe environmental influences, abuse or damage
due to other causes. Deterioration Maintenance shall include, but is not limited to, the following services:
5.
m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the
Project and restore the right -of -way to its original condition prior to the Project. The Agency shall secure
its obligation to remove the Project and restore the right -of -way by providing a removal and restoration
deposit, letter of credit, or performance bond in the amount of $
n. FDOT reserves its right to cause the Agency to relocate or remove the Project, in FDOT's sole discretion,
and at the Agency's sole cost.
INDEMNITY AND INSURANCE.
a. The Agency agrees to include the following indemnification in all contracts with contractors,
subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement:
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"The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/
consultant/ subconsultant, its officers, agents or employees."
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b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep
in force during the period of this Agreement a general liability insurance policy or policies with a company
or companies authorized to do business in Florida, affording public liability insurance with combined
bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance
with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant
shall cause FDOT to be an additional insured party on the policy or policies, and shall provide FDOT with
certificates documenting that the required insurance coverage is in place and effective. In addition to any
other forms of insurance or bonds required under the terms of the Agreement, when it includes
construction within the limits of a railroad right -of -way, the Agency must provide or cause its contractor to
obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7 -13 of
FDOT's Standard Specifications for Road and Bridge Construction (2010), as amended.
c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's
Compensation Law.
6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in
writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or,
overnight express mail delivery. E -mail and facsimile may be used if the notice is also transmitted by one of the preceding
forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent,
unless prior written notice of change of address is given.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
DISTRICT PROGRAM MANAGER
Phone:
Fax:
COUNTY [OR CITY], FLORIDA
Phone:
Fax:
7. TERMINATION OF AGREEMENT. FDOT may terminate this Agreement upon no less than thirty (30)
days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency
waives any equitable claims or defenses in connection with termination of the Agreement by FDOT pursuant to this
Paragraph 7.
8. LEGAL REQUIREMENTS.
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This Agreement is executed and entered into in the State of Florida and will be construed, performed, and
enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any
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and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in
Leon County, Florida, applying Florida law.
b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this
Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by FDOT.
d. The Agency and FDOT agree that the Agency, its employees, contractors, subcontractors, consultants,
and subconsultants are not agents of FDOT as a result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of FDOT right -of -way
9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section
287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not
violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term
of this Agreement may result in the termination of this Agreement.
10. UNAUTHORIZED ALIENS. FDOT will consider the employment of unauthorized aliens, by any
contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for
termination of this Agreement.
11. NON - DISCRIMINATION. The Agency will not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief,
disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of
harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts
and subcontracts for services by this Agreement.
12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section
287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees
that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list
during the term of this Agreement may result in the termination of this Agreement.
13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement.
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15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy
accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or
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remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar
breach or default.
16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by
both Parties to this Agreement.
17. NON - ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties,
or obligations under this Agreement without the prior written consent of FDOT. Any assignment, sublicense, or transfer
occurring without the required prior written approval of FDOT will be null and void. FDOT will at all times be entitled to
assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of
Florida, upon giving prior written notice to the Agency. In the event that FDOT approves transfer of the Agency's
obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this
Agreement.
18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.
19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement. This Agreement supersedes all previous communication,
representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Agency and the authorized officer of FDOT or his /her
delegate.
21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
The remainder of this page is intentionally left blank.
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AGENCY
By:
Print Name:
Title:
As approved by the Council, Board, or
Commission on:
Attest:
Legal Review:
City or County Attorney
FDOT
State of Florida, Department of Transportation
By:
Print Name:
Title:
Date:
Legal Review:
Section No. CAFA No.
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.■
PROJECT DESCRIPTION
SCOPE OF SERVICES
[Provide a description of the improvements proposed within FDOT right -of -way]
PROJECT PLANS
The Agency is authorized to install the Project in accordance with the attached plans prepared by
P.E. /R.L.A. /Architect and dated . Any revisions to these plans must be approved by FDOT in writing
Section No. CAFA No.
7*019RUM
SPECIAL PROVISIONS
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EXHIBIT "C
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
Section No. CAFA No.
EXHIBIT "D"
AGENCY RESOLUTION
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EXHIBIT "E"
NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S
CERTIFICATE OF COMPLIANCE
NOTICE OF COMPLETION
PROJECT DESCRIPTION:
COMMUNITY AESTHETIC FEATURE AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides
notification that the work authorized by this Agreement is complete as of 20
By:
Name
Title
RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies
that all work which originally required certification by a Professional Engineer has been completed in compliance with the
Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this
Certification. Also, with submittal of this certification, the Agency shall furnish FDOT a set of "as- built" plans certified by
the Engineer of Record.
By:
SEAL
Name:
Date:
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