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10/18/2017 AgreementRESOLUTION NO. 225A-2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING ADMINISTRATIVE STAFF TO EXECUTE AND ENTER INTO A COMMUNITY AESTHETIC FEATURES AGREEMENT WITH FDOT FOR THE BIG PINE KEY ENTRANCE SIGNAGE PROJECT AS REQUESTED BY THE LOWER KEYS CHAMBER OF COMMERCE 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. for the 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 with the Florida Department of Transportation and be responsible for the perpetual maintenance of the Big Pine Key Welcome Signs Project, including all costs as specified in the Community Aesthetic Features Agreement; and 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 enter into a Community Aesthetic Features Agreement between Monroe County and the Florida Department of Transportation (FDOT). 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 by 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 day of October, A.D., 2017. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Heather Carruthers Yes Commissioner Danny Kolhage Yes Commissioner Sylvia Murphy Yes Page 1 of 2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Mayor /Chairperson MONROE COUNTY ATTORNEY ASRM: CHRISTINE LIIMBERT- BARROWS ASSISTANT CQUNTY ATTORNEY DATE : / U / - F rn� C') ;K mC-) o r F-j N Z t f*: C} n CD Q Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION625-010-10 ROADWAY DESIGN COMMUNITY AESTHETIC FEATURE AGREEMENT OGC-08/17 Page 1of 12 State Road/Local Road SR 5/ US-1Section No. 90020-000 & 90030-000CAFA No. 2018-M-692-001 This Community Aesthetic Feature Agreement (“Agreement”) is entered into this day of , 12thOctober2018 between the State of Florida, Department of Transportation (“Department”) and Monroe County (“Agency”). The Departmentand 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 the Departmentto install a \[CHOOSE ONE:Public Art, Local Identification Marker\] community aesthetic feature on that certain right-of-way owned by the Departmentwhich is located on State Road/Local Road SR 5/US-1/Overseas Highwayat MP29 & 2.0(MM29.5 & 33) in Monroe County, Florida (“Project”). B.The Departmentagrees 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 conditionsin this Agreement. AGREEMENT 1.TERM.The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through TBD, 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 1 year(365) days of the Effective Date of this Agreement, the Departmentmay 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 \[CHOOSE ONE:Public Art, Local Identification Marker\], 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”. TheDepartmentshall 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 the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way. 4.DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a.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 theDepartment 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 the Departmentand 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 the Departmentfor 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.A copy of the design plansshall be provided to the Department’sDistrict Design Engineer, located at1000 NW 111 Avenue, Miami, FL 33172 .The Departmentwill review the plans for conformance to the Department’s requirements and feasibility. The Departmentreview 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, the Departmentsignifies only that such 625-010-10 ROADWAY DESIGN OGC -08/17 Page 2of 12 plans and improvements satisfies the Department’s requirements, and the Departmentexpressly disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’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 the Departmentshall be made by the Agencyand final corrected plans shall be provided to the Departmentwithin 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. c.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 the Departmentprior 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 the Department’s ConstructionProject Manager, Mario Cabrera, at (305)640-7400or from an appointed designee. f.The Agency is authorized, subject to the conditions in this Agreement, to enter Department’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 Department’s right-of-way nor the placing of facilities upon Department’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 the Department’s 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 the Department’sright-of-way. g.The Departmentshall 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 the Department determines that a condition exists which threatens the public’s safety, the Departmentmay, 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, the Departmentmay remove the safety hazard at the Agency’s sole cost, expense, and effort. h.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 “C”. i.The Agency shall notify the Departmenta minimum of forty eight (48) hours before beginning the Project within the Department’sright-of-way. The Agency shall notify the Departmentshould installation be suspended for more than five (5) working days. j.Upon completion of the Project, the Agency shall notify the Departmentin 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 625-010-10 ROADWAY DESIGN OGC -08/17 Page 3of 12 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, 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 Agencyor its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’sright-of-way and shall restore those portions of the Department’sright-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 the Departmentdetermines that the Project is not completed in accordance with the provisions of this Agreement, the Departmentshall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Departmentwith 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, the Departmentmay: 1) provide the Agency with written authorization granting additional time as the Departmentdeems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Departmentliability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Departmentelects to correct the deficiency(ies), the Departmentshall provide the Agency with an invoice for the costs incurred by the Departmentand the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l.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 anddeterioration 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 deterioration 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: Annual inspections, Graffiti Removal , Painting of weathered or worn paint, replacement of damaged materials, weed and invasive vegetation removal within 5' around the base of the sign, adjustment to sign baseconnections and tightingbolts as needed. 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 $ 0.00.The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Departmenton an annual basis.A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costsless than or equal to $2000.00. District Maintenance Engineer, Date: . n.The Departmentreserves its right to cause the Agency to relocate or remove the Project, in the 625-010-10 ROADWAY DESIGN OGC -08/17 Page 4of 12 Department’s sole discretion, and at the Agency’s sole cost. 5.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: "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." 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 the Departmentto be an additional insured party on the policy or policies, and shall provide the Departmentwith 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 the Department’s current Standard Specifications for Road and Bridge Construction, 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 6PROGRAM MANAGER Celestino Lucero 1000 NW 111 Avenue, Miami, FL 33172 Phone: 305.470.5493 Fax: MonroeCOUNTY \[OR CITY\], FLORIDA Judith Clarke, Director of Engineering Services 1100 Simonton Street Key West, FL 33040 Phone: 305-295-4329 625-010-10 ROADWAY DESIGN OGC -08/17 Page 5of 12 Fax: 7.TERMINATION OF AGREEMENT.The Departmentmay 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 the Department pursuant to this Paragraph 7. 8.LEGAL REQUIREMENTS. a.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 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 immediateunilateral cancellation of this Agreement by the Department. d.The Agency and the Departmentagree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Departmentas a result of this Agreement. e.The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’sright- 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 affiliatewho 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.The Departmentwill 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 abid on a contract with a 625-010-10 ROADWAY DESIGN OGC -08/17 Page 6of 12 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. 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 remedy of either party; nor will such delay or omissionbe 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 the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Departmentwill be null and void. The Departmentwill 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 the Departmentapproves 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 the Departmentor his/her delegate. 21.DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC -08/17 Page 8of 12 Section No.90020-000&CAFA No. 2018-M-692-001 90030-000 EXHIBIT “A” PROJECT DESCRIPTION I.SCOPE OF SERVICES Welcome to Big Pine Local Identification markers to be installed at the north and south end of Big Pine off the right shoulders. II.PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Keith and Schnars, P.E./R.L.A./Architect and dated TBD. Any revisions to these plans must be approved by the Departmentin writing. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 9of 12 Section No.90020-000 & CAFA No. 90030-000 EXHIBIT “B” SPECIAL PROVISIONS 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 10of 12 Section No.90020-000 & CAFA No. 90030-000 EXHIBIT “C” TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 11of 12 Section No.90020-000 & 90030-CAFA No. 000 EXHIBIT “D” AGENCY RESOLUTION 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 12of 12 Section No.90020-000 & CAFA No. 90030-000 EXHIBIT “E” NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: 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 the Departmenta set of “as-built” plans certified by the Engineer of Record. By: SEAL:Name: Date: