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Item B1I" Die I 17-12 N V 01 A M 11A III FA ITieeting Date: April 23, 2014 Division: -Public Works/Engineering Bulk Item: Yes X No Department: Engineering Services Dept. 339MTI��� AGENDA ITEM WORDING: Approval by resolution of a Maintenance Memorandum of Agreement with Florida Department of Transportation (FDOT) to provide maintenance of the Bayside Trail Shared Use Path upon completion of construction ITEM BACKGROUND: The community expressed a desire to construct the shared use path from approximately MM 100 to MM 106 in Key Largo. The project is described in the draft Key Largo Community Master Plan (2006). FDOT is providing $1,053,021 of grant fimds (equal to 50% of the estimated cost of construction and CEI services for the project) through the County Incentive Grant Program (CIGP). Monroe County 50% local match. As required by the CIGP grant agreement, once the project is complete the County will be responsible for ongoing maintenance of the trail; this agreement outlines the maintenance requirements. W 4 "T # - -_ _nn7-;x*We =A, 11411"Ns"TTZ"1147i ",#"#"# of District Three Transportation Impact Fees to design and construct a shared use path adjacent to US 1 (bayside) in Key Largo. In October 2011 the BOCC approved a contract with Metric Engineering, Inc. for Empinee Desiya and Pennitting ,',Tr1emL-iuwt *;& adding Engineering Design and Permitting Services for a pedestrian bridge at Marvin Adams Waterway (MM103) to be added to the scope of services. In May 2013, the BOCC approved Amendment Two which extended the date of completion to December 1, 2013. In November 2013 the BOCC approved amendment 3 to the Metric Engineering contract to extend the completion date to June 2014. In February, 2014 the BOCC approved the County Incentive Grant Program (CIGP) Agreement with FDOT for grant fundinN_ for construction and construction eng,-*wiz�4-kigpv1 lwilt-t-- services. TOTAL COST: ObTSINDIRECT COST: n/a BUDGETED: Yes X No COST TO COUNTY: Lt 725 L, r SOURCE OF FUNDS: Mc� - ro rt d REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Att�t OM"�B`/Purchasing ® is ManagemenfiL_>J_ DOCUMENTATION: Included x Not Required DISPOSITION: AGENi ;, CONTRACT SUMMARY Contract with: FDOT Contract # Effective Date: construction completion Expiration Date: _ not aMficable Contract Purpose/Description: Mainten nce Agreement between Monroe Count y and FDOT for the Bayside Trail Shared Use Path that the County will construct on the US I ri&t of way in Key Largo. FDOT has provided grant funds (50% of estimated cost) to construct the path. County maintenance staff will perform the work as specified in this agreement Contract Manager: Judy Clarke 4329 Engineering/#I (Name) (Ext.) (Department/Stop for BOCC meeting on 4/23/2014 Agenda Deadline: 4/16/2014 Total Dollar Value of Contract: $ Current Year Portion: $ Budgeted? Yes® NoE] Account Codes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ 5-1V r, For: maintenance (Not included in dollar value above) (eg. maintenance, utilities I 103"Ill a= forial, salaries, etc Date In Need PrPviewer/ Division Director t UILL YeSE] NoEl i) Risk Management YesE]No[]NF-T-,,-&"� - 0 O.M.B./Purchasing YesF] No® Z t—r, County Attorney Yeso NoV] Date Out # # # # I I # I I # # # WHEREAS, 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-1/0verseas Highway from Bay Drive to 1854 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 the design plans referenced in Contract # ARA97(the "Project"); and WHEREAS, the recitals set forth above are true and correct and are deemed to be restated herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: 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. Mayor Sylvia Murphy Mayor Pro Tern Danny Kolhage Commissioner George Neugent Commissioner Heather Carruthers Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA UZ Lo MORE COUNTY ATTORNEY APPROVED AS TO FORM: LILL tt' &Em�i 6ft"i-Kewl— CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date - , 1�1 a.1 -1, 1 .. .--- -- FLORIDA DEPARTMENT OF TRANSPORTATION SHARED USE PATH, PAVEMENT MARKINGS, LANDSCAPING, DRAINAGE AND SIGNAGE MAINTENANCE MEMORANDUM OF AGREEMENT WITH V0'.k7.%CfE--COUNTY— This AGREEMENT, entered into on 1 2 0—, by an* between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and MONROE COUNTY, a political subdivision of the State of Florida, hereinafter called the COUNTY, ant collectively referred to as the PARTIES. A. The DEPARTMENT has jurisdiction over State Road (S.R.) S/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 DEPARTH ENT , 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- 1/overseas Highway from Bay Drive to 1850 feet north of Linda Drive, the limits of which are described in the attached Exhibit W (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 ant signage systems in accordance with the design plans referenced in Contract # ARA97(the "Project"); and D. 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, landscaping, drainage and signage systems installed pursuant to the Project; and E. The COUNTY, by Resolution No. I dated referenc enter in SO. I —, attached hereto as Exhibit 'Bwhich by shall become a part of this AGREEMENT, desires to this AGREEMENT and authorizes its officers to do F. To the extent permitted by law, the COUNTY shall Page I of 13 zppropriate 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. P-) 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. The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the landscaping systems within the PROJECT LIMITS to the COUNTY in perpetuity upon the COUNTY's release of its contractor from further warranty work and responsibility, as set forth in Section 580-5 of the DEPARTMEW's Standard Specification for Road and Bridge Construction. Additionally, the PARTIES agree that all maintenance responsibilities pertaining to the Shared Use Path, pavement markings, drainage and signage systems shall be assigned to the COUNTY in perpetuity upon the DEPARTMENT's issuance of the Notice of Final Acceptance of the Project to its contractor TPF;%Fwsli• ILIVA =.* W-1=3 Page 2 of 13 Upon DEPARTMENT's issuance of the Notice of Final Acceptance of the Project to its contractor, the COUNTY shall maintain the Shared Use Path, pavement markings, signage, drainage and landscape in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program (MRP) Handbook, as may be amended from time to time. Additionally, the COUNTY shall maintain the landscape in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time, and in accordance with the standards set forth in the Project Plans, •:. in the Project Specifications and Special Provisions. The COUNTY's maintenance obligations shall include but not be limited to: a) Removing and disposing ♦ litter and •,• from the Shared Use Path, pavement markings, drainage features and landscaped areas in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b) Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. c) Submitting Lane Closure Requests to the DEPARTMENT whenn maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in acco�dance with the District Six Lane Closure Policy, as may be amended from time tw time. M 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 • 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 6unw ■ 3 of 13 shall be in accordance with the Project Plans and the ffroject Specifications and Special Provisions. c) Mulching all plant beds and tree rings. d) 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 3.1. 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/o ' r 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 AGREEM3CNT 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 Maintenancc M_41rmiki ani'MMI-w clearcy Page 4 of 13 detectable warning surface as specified in the PLANS a the latest STANDARD SPECIFICATIONS FOR ROAD AND BRI CONSTRUCTION A _k) 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: ?-)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) Remove 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 MR1 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 ant other material that can accumulate throughout the life of the system. Fix all damaged drainage systems. 777 Page 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 AGREE24ENT 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 AGREEKENT. 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. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPART14ENT that the COUNTY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the COUNTY MANAGER, to notify the COUNTY of the maintenance deficiencies. From the date of receipt of the notice, the COUNTY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: a. maintain the Shared Use Path, pavement markings, signage, drainage and landscape, or a part thereof and invoice the COUNTY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, Maintenance Memorandum of Agreement between Florida Department of Transportation and Monroe County Page 6 of 13 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. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: im 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. T# , - •111!,Ii] a The PARTIES agree that the Shared Use Path, pavement markings, signage, drainage and landscape addressed by this AGRE NIT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's so14 discretion. In the event that the DEPARTMENT relocates or adjusts the Shared Use Path, pavement markings, signage and Landscape, the COUNTY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within thm. Project Limits. 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 Page 7 of 13 b. In accordance with Section 287.058 (1) (c) Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the COUNTY refuses to allow public access to any or all 'documents, papers, letters, or other materials made or received by the COUNTY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. C. If mutually agreed to by both parties, upon thi rty ' 3 days advance notice. An agreement to terminate sha be valid only if made in writing and executed with t same formalities as this AGREEMENT. 2- The effective date of this AGREEM[ENT shall commence upon execution by the PARTIES. This AGREEXENT' shall continue in perpetuity or until termination as set forth in Sectio* 7. 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 Homelant 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 AGRPJDMW. c This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are ' " I TMEntor transportation ana-Monme county Page 8 1f 13 no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. This AGREEMENT` shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions • this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity • the remaining portions • the AGREEMENT. f. Venue for any and all actions arising • of • 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 AGREEMENT shall be effective only if made in writing and executed with the same formality as this _r AGRE77Y :.X"P6 i. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. j. No to or provision of this AGRE shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self -insured and subject to the provisions • Section •: Florida Statutes, as may be amended from time to time. Nothing in this AGREE14ENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. Subject to Section 768.28, Florida Statutes, as may be zmended from time to time, the COUNTY shall promptly Page 1 1f 13 indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the COUNTY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the COUNTY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither the COUNTY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The COUNTY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the COUNTY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEINIENT. The DEPARTMENT's failure to notify the COUNTY of a claim shall not release the COUNTY of the above duty to defend and indemnify the DEPARTMENT. The COUNTY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The COUNTY's evaluation of liability or its inability to evaluate liability shall not excuse the COUNTY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of 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. ATTEST: (SEAL) COUNTY Clerk MONROE COUNTY ATTORNEY APPROVED AS TO FORM: u CHRISTINE M. LIMBERT-BARROWS ASSISTtrTgO ��IY ATTORNEY PL Bypato. - - T, COUNTY Attorney STATE OF FLORinh DZP*'T,r,7UZNT OF TRANSPORTATIOA EX: District Director of Transportation Operations ATTEST: Executive Secretary Page I I of 13 BY: District Chief Counsel EXEFXBXT r f P!J*'N%ViI*iO Below are the limits of the Shared Use Path, pavement markings, signage, drainage and landscape to be maintained under this *._:: :,i V S 7 State • •':. Number: 5/US-1Ov- 'e. s Highway Agreement Limits: From Bay Drive (M 99.9) to 4 feet north of n■ M 1 I on the • • M Monroe Page of 13 t ?,,# * :Jk To be herein incorporated once ratified by the COUNTY or of Commissioners. Page 13 of 13