Item B1Meeting Date: Mgy 1. 2014 Division: Public Works/Engineering
Bulk Item: Yes X No Department: Engineering Services De24ame
AGENDA ITEM WORDING: Approval of an Off -System Construction and Maintenance
Agreement between Florida Department of Transportation (FDOT) and Monroe County to allow
FDOT to fund and construct repairs to Monroe County Bridge #904120 Similar Sound Bridge on
Geiger Key.
ITEM BACKGROUND: FDOT programmed funds in its Work Program under project number FM
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Chica Road. FDOT managed the engineering design with in-house staff and will also manage the
construction. Prior to letting the construction project (letting is scheduled for July 2014), FDOT
requires that Monroe County agree to cooperate during construction and to maintain the repairs after
construction is complete. Monroe County is currently responsible for maintaining the Similar Sound
Bridge.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMAIENDATIONS: Approval as stated above.
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DIF14 R TAT OF LOCAL PREFERENCE: notgapplicable,
COST TO COUNTY:— $0 SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County At4k OMB/Purga/sing — Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
CONTRACT SUMMARY
Contract with: FDOT Contract #
Effective Date: May 2014
Expiration Date: NA
Contract Purpose/Description:
Construction and Maintenance Agreement with Florida Department of Transportation
(FDOT) to allow FDOT to fund and construct repairs to Monroe County Bridge #904120,
.-Similar Sound Bridge on Geiger Key. Monroe County will maintain the bridge repairs_!Ron
Campletion. This is current1r, a Monroe Coun�y maintained brid!,•e.
Contract Manager: Judy Clarke 4329 Engineering/#1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/1/2014 Agenda Deadline: 4/22/2014
Total Dollar Value of Contract: $ 0 Current Year Portion: $ 0
Budgeted? Yes X No Account Codes:
County Match: $ 0
ADDITIONAL C69�Ts
Estimated Ongoing Costs: $ For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.
Changes
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THIS AGREEMENT is made and entered into as of V 2014, by and throuEM
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RECITALS
A. Upon approval of the Department's Work Program by the State of Florida Legislature,
and adoption by the Department Secretary, the Department shall complete the various projects
included in the Department Work Program; and
B. Included in the Department Work Program is Project Number FM No. 430033-1-52-01
(the "Project"), on Bridge Number 904120 CR 41/Boca Chica Rd. 0.6 Miles East of US-1 and
extending 20 feet North and South of the. bridge on COUNTY right-of-way (the "Project Limits"), in
Monroe County, Florida, a bridge not on the State Highway System; and
C. The COUNTY is the holder of ownership rights to the bridge not on the State Highway
System; and
D. The parties agree that it is in the best interest of each party for the Department u:
undertake and to complete all aspects of the Project, including but not limited to, the design,
construction, construction inspection, utilities, permits, easements and other associated tasks; and
E. The parties further agree that it is in the best interest of each party to enter into this
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NOW THEREFORE, in consideration of the premises, the mutual covenants and othl
valuable considerations contained herein, the receipt and sufficiency of which are hereby
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1. The recitals in this Agreement are true and correct, and incorporated into and made a part
hereof
2. The Parties agree that the Department intends to undertake and complete project number FM
No. 430033-1-52-01; the Project shall include improvements and rehabilitation on Bridge
904120, a bridge not • the State Highway System, which shall include, but not may be limited
to, repair of damaged concrete, pile, pile caps, expansion joints, spall repairs in the bridge
railing, and application of Cathodic Protection to prevent future corrosion (the "Local Bridge
Improvements"), within the Project Limits. The Project shall further include all activities
associated with, or arising out of the construction work of the Local Bridge Improvements,
including but not limited to, a temporary closure of one lane on the Bridge during construction.
The COUNTY shall cooperate with and shall support the Department's work efforts in these
regards. The Department has designed and will construct the Project in accordance with all
applicable federal and state laws and regulations and in accordance with Department design
and construction standards as set forth in the Department's guidelines, standards, and
procedures. The Department shall have final decision authority with respect to the design, the
design review process, and construction of the Local Bridge Improvements, and the relocation
of any utilities that the Department may determine to be required.
3. The Parties acknowledge and agree that the COUNTY has reviewed the Project Design Plans
("PDP") and has submitted its comments via Electronic Reviewer Comments ("ERC".) The
review process for the Project Design Plans has been concluded and the Department has
submitted the Final Project Design Plans to the ERC, and the Comment Due Date and
Response Due Date for the Final Project Design Plans have passed, and the Department has
addressed all of the COUNTY's comments that were submitted through the ERC. The
COUNTY is hereby authorizing the Department to construct the Project in accordance with the
Final Project Design Plans submitted through the ERC. The COUNTY acknowledges and
agrees that, during construction of the Local Bridge Improvements, the Department will only
utilize the services of law enforcement officers when required by the Department's Standard
Specifications for Road and Bridge Construction, and no additional requirements will be
imposed. The COUNTY agrees that no further permit shall be required.
Major modifications of the permitted plans must be submitted to the COUNTY for review. A
Major Modification is any modification that materially alters the kind or nature of the work
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4o nel 5.
Property Damage Liability Insurance providing for a limit of not less than $50,000 for all
damages arising out of injury to, or destruction of, property in any one occurrence and, subject
to that limit per occurrence, a total or aggregate limit of $ 100,000 for all damages arising out of
injury to, or destruction of, property during the policy period; or such other minimum
insurance coverage that may be required by the Department for the construction of the Project,
in accordance with the Department's standards and specifications. The Department shall further
cause its Contractor to name the COUNTY and the Department as additional insured Parties on
the afore -stated policies, and to provide evidence of Workers' Compensation Insurance in
accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit
of the Florida Workers' Compensation law for all employees.
8. The Department shall notify the COUNTY at least 48 hours before beginning construction
within the COUNTY's Bridge and any right-of-way limits. Such notification may be provided
verbally or via email, and the notice requirements set forth in paragraph 20 shall not apply to
this paragraph.
The Department agrees that the COUNTY may, at reasonable times during the construction of
the Local Bridge Improvements, inspect the Contractor's construction site and perform such
tests as are reasonably necessary to determine whether the goods or services required to be
provided by the Contractor, pursuant the Contractor's Construction Agreement with the
Department, conform to the terms of said Construction Agreement. Upon request by the
COUNTY, the Department shall coordinate with its Contractor to provide access to the
COUNTY for performance of said inspections.
During the construction work related to the Project, the COUNTY shall fully cooperate with
any such work being performed by the Department and the Department's contractors. The
COUNTY shall not commit nor permit any act which may delay or interfere with the
performance of any such work by the Department or the Department's contractors, unless the
Department agrees in writing that the COUNTY may commit or permit said act.
9. Maintenance during construction, commencing as of the first date of construction, shall be the
responsibility of the Department's Contractor, except that litter removal and all necessary
mowing shall be the responsibility of the COUNTY. After completion of construction, the
COUNTY shall assume all maintenance responsibilities. Upon completion of construction, the
Department will invite the COUNTY on the Final Inspection of the work within the Project
Limits, and will incorporate valid COUNTY concerns that arc within the scope of the contract
agreement • shall continue in full force and effect until the Project is completed,
evidenced by the Department's issuance of the Notice of Final Acceptance.
Prior to commencement of construction, the Department may, in its sole discretion, termina
this • if it determines that it is in the best interest ♦ the public to ♦• so. If
Department elects to terminate this Agreement, the Department shall deliver formal notice
termination to the COUNTY, as set forth in paragraph 20 of this Agreement.
11. In the event that any election, referendum, approval, ratification, • permit, notice or other
proceeding, • authorization is required to carry out the Project, the COUNTY agrees to
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annual appropriation by the Legislature. If the Department's funding for this Project is in
multiple fiscal years, funds approval from the Department's Comptroller must be received each
fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible
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14. In the event that this agreement is in excess of $25,000, and the agreement has a term for a
The department, during any fiscal year, shall not expend money, incur
liability, • enter into any • which, by its terms, involves the expenditure
money in excess of the amounts budgeted as available for expenditure during
such fiscal year. Any contract, verbal or written, made in violation of th
subsection is null and void, and no money may be paid on such contract.
department shall require a statement from the comptroller of the department th
•'.. are available prior to entering into any such contract • other bind'
commitment of funds. Nothing herein contained shall prevent the making
contracts for periods exceeding 1 year, but any contract so made shall
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contracts of the department which are for an amount in excess of $25,000 J
which have a term a for a period of • than 1 year.
Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as
waiving the Department's sovereign immunity protections, or as increasing the limits (M
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17. This agreement shall be governed by the laws of the State of Florida. Any provision hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity of the
remaining portions hereof. Venue for any and all actions arising out of or in any way related to
the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a
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utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the
i. all persons employed by the Vendor/Contractor during the term of
the Contract to perform employment duties within Florida; and
ii. all persons, including subcontractors, assigned by the
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20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first
class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall
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Judith Clarke, P.E.
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1100 Simonton Street
Key West, Florida 3 3 040
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State of Florida, Department otTransportation
1000 N.W. 11 1'h Avenue
Miami, Florida 33172
FM# 430033-1-52-01
Page 8 of 9
IN WITNESS WIIEREOF, the parties hereto have executed this agreement on the dates exhibited, by
the signatures below.
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Name: Mayor Sylvia Murphy
Title: Mayor
Date:
Attest:
By:
Title: Clerk
Approved as to form and legality:
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
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CHRISTINE M. LIMBERT-BARROWS
ASSIST NT COUNTY ATTORNEY
Date
By: — -L�
COUNTY Attorney
STATE OF FLOREDA
DEPARTMIENT OF TRANSPORTATION
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Name: Debora M. Rivera, P.E.
Title: Director of Transportation Operations
Date:
Department Legal Review:
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