01/18/2017 Task OrderKEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 25, 2017
TO: Breanne Erickson, Sr. Engineering Technician
Monroe County Engineering Services
FROM: Pamela G. Hanco C.
SUBJECT: January 18th BOCC Meeting
Attached is a duplicate original of Item C2 Task Order witli Keith & Sclinars, P.A. under
the On Call Consulting Contract for design and engineering services associated with the
Community Aesthetic Feature - Big Pine Key signs project in the amount of $18,911.922 for your
handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File ✓
TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING
SERVICES BETWEEN MONROE COUNTY AND KEITH & SCHNARS, P.A.
FOR
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January, 2014 between Monroe County
hereinafter referred to as the "County" and KEITH & SCHNARS, P.A., hereinafter
referred to as "Consultant" where design services are allowed if construction costs do
not exceed $2,000,000.
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the
Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described.
This Task Order is effective on the 18th Day of January, 2017 and shall expire after
final FDOT approval is complete.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
Details of the scope of services are included in the Consultant's proposal that is attached
to this task order as Attachment A.
Details of the required FDOT Community Aesthetic Feature Agreement are attached to
this task order as Attachment B.
Consultant to work on sign design directly with:
Lower Keys Chamber of Commerce
31020 Overseas Hwy
Big Pine Key, FL 33043.
Contact: Susan K. Miller, Executive Director
305 - 872 -2411
executivedirector@lowerkeyschamber.com
1.0 DESIGN DEVELOPMENT
The Consultant will evaluate existing adjacent environment and habitat and provide a
design that eliminates or minimizes impacts to the surrounding environment and habitat.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for approval by the FDOT, Lower Keys Chamber of
Commerce, County, Construction Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the construction of the project. Construction
documents shall conform to the applicable standards contained in the following:
Florida Department of Transportation Roadway Plans Preparation
Manuals
http: / /www. dot. state. fl .us /rddesign /PPMManual /PPM.shtm
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 1 of 6
2. Florida Department of Transportation Design Standards
http: / /www.dot.state.fl. us/ rddesign /DesignStandards /Standards.shtm
3. Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways http: / /www. dot. state. fl. us / rddesign /FloridaGreenbook/FGB.shtm
4. Florida Department of Transportation Surveying Procedure
5. Florida Department of Transportation Drainage Manual
http: / /www.dot. state.fl. us /rddesign /dr /files /2008DrainageManual. pdf
6. MUTCD
http: / /mutcd.fhwa.dot.gov/
7. American Disabilities Act
http: / /www2. dot. state.fl.us /proceduraldocuments /procedures /bin/6250200
15. pd
8. Florida Department of Transportation Flexible Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm
9. Florida Statutes
http: / /www.leg.state.fl. us/ Statutes /index.cfm ?Mode= View %20Statutes &Su
bmenu =1 & Tab = statutes &CFID = 14677574 &CFTOKEN = 80981948
2.2. The Consultant shall provide Drawings and applicable Technical Specifications
for the County's review.
2.3 Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County's approval. Upon approval by the
County the Consultant shall provide the County up to 3 sets of Construction Documents
that have been signed and sealed by the Consultant. The Consultant shall also provide
an electronic version of the construction documents. The Consultant shall provide an
estimate of anticipated construction cost in accordance with the construction
development phase.
2.4 The Consultant shall assist the County in the preparation of the necessary
bidding information for the production of bidding forms, the Conditions of the Contracts,
and the forms of Agreements between the County and the Contractors by providing
supporting information as to the projects scope, bid items, estimated quantities and
construction duration. The County shall prepare all Bidding Forms, Conditions of the
Contract, and Forms of Agreement.
2.5 The Consultant's construction documents (plans, specifications, etc) will conform
to all codes and regulations of the federal government, county, state, municipalities,
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to be acceptable for review and ruling by said agencies when
permits are applied for. The Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate
specific permit requirements. The Consultant shall document all meetings and
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 2 of 6
conversations with said regulatory agencies. If permits are denied for incompleteness or
for lack of following said codes or regulations, or permit requirements, then the Engineer
will conform the construction documents in such manner to receive permits upon such
plans. Work required by the Consultant to conform documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed at no
charge or cost to the County, unless said requirements are changed during the course of
the project.
2.6 The County shall be responsible for the timely submittal of all FDOT permit
application fees.
2.7 At the 90% and 100% design phases the Consultant shall provide drawings and
other documents which depict the current status of design for the County's review and
information. The Consultant shall provide an estimate of anticipated construction costs
and construction schedule.
2.8 As needed, the Consultant will provide clarification and answers to questions
from prospective bidders during the construction bid process. Answers will be provided
in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Engineer must complete the tasks set forth in items 3.1 through 3.4.
3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of
Pay Items and Quantities, Project Layout, Plan and Profile sheets, Typical Sections,
Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in
accordance with FDOT Plans Preparation Manual.
3.2 Specifications — For general specifications, FDOT Specifications will be used.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with
the drawings will be developed as necessary with Technical Special Provisions.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance
with the Construction Documents.
4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to
the County in writing its final Opinion of Probable Construction Cost (OPCC) for
constructing the Project. Once submitted, the final anticipated price estimate shall be
adjusted by the Consultant to reflect any increase or decrease in anticipated price
resulting from a change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Consultant.
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 3 of 6
4.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Consultant, plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the
sub - consultants, the costs of land, rights -of -way, financing or other costs which are the
responsibility of the County.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly for time and expenses based on hourly rates and
the following not to exceed amounts (except where noted):
Task 1.01: Conceptual Plan (lump sum)
$
4,250.64
Task 1.02: Final Plan (lump sum)
$
4,521.28
Task 1.03: Meetings (not to exceed)
$
1,760.00
Task 2.01: Structural Engineering Services (lump sum)
$
3,280.00
Task 3.01: Maintenance of Traffic Plan(not to exceed)
$
5,100.00
Total (not to exceed) $ 18,911.92
Article IX Miscellaneous, Paragraph 9.21 is amended as follows (contractor same
as consultant):
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 4 of 6
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be inspected
or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470
BRADLEY- BRIANCaD-MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040.
Paragraph 9.30 Federal Highway Administration Requirements do not apply to this
project.
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 5 of 6
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
Keith & Schnars, P.A.
_�7 E'tl�zea_
Signi Date
Date:
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Witness:
Signature Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
A vr�c_ le.
by:
Mayor /Chairman
MONROE COUNTY ATTORNEY
i
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSIST T COUNTY ATTORNEY
Date a III-C,
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars, P.A.
January 18, 2017
Page 6 of 6
Deputy Clerk
ATTACHMENT A
KS KEITH&
SCHNARS
October 19, 2016
Rev. November 2, 2016
Debbie London
Monroe County Engineering Department
102050 Overseas Highway, Suite 229
Key Largo, Florida 33037
RE: Work Order for Professional Services- On Call Professional Engineering Services
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No.18147.GC
Dear Ms. London,
This Work Order, when executed, shall be incorporated in and become an integral part of the Agreement for
professional services between the Monroe County (County), Florida and Keith
& Schnars, P. A. (CONSULTANT), dated January 16, 2014, hereafter referred to as the Agreement.
Project Background
This work order includes the professional services required for the conceptual and final design of the Entry sign
features, conceptual and final design of the site plans, assistance with the Community Aesthetic Feature (CAF)
agreement process and submission to FDOT, Structural plans with Wind Load Analysis per the CAF
requirements, and Maintenance of Traffic plans per the CAF requirements. The proposed entry signage will be
located at each end of Big Pine Key.
Scope of Services
Section 1 - Landscape Architecture Services
1.01 CONCEPTUAL PLAN
CONSULTANT shall prepare a conceptual site plan and sketch of the Community Aesthetic Feature
(CAF) for the CLIENT'S review. CONSULTANT shall submit the CLIENT approved concept to FDOT
CAF Review Board (CAFRB) for consideration. Consultant shall attend one meeting with Monroe
County and will assist in development of District approval letter (Exhibit 23 -A).
The plan will provide graphic locations of proposed elements at an appropriate scale and contain
necessary information for submission to the FDOT CAF Review Board. (Geometric Control Plan,
Construction Details, Lighting and Off Site improvements plans are not part of this agreement).
Revisions to this concept by client after submittal to FDOT will be considered additional services.
CONSULTANT'S lump sum fee for this service shall be ........................................ ............................... $4,250.64
ENGINEERS I PLANNERS I SURVEYORS
6500 North Andrews Avenue I Ft. Lauderdale, Florida 33309 -2132
(954) 776 -1616 1 (800) 488-12551 Fax (954) 771 -7690 1 www.KSFLA.com
Monroe County
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
October 20, 2016 - Page 2
1.02 FINAL PLAN
CONSULTANT shall prepare a Final site plan and design based on the concept plan and CAFRB
comments of the CAF for submittal to the CAFRB for consideration. Plans will be suitable for bidding
and Construction.
Plan will be show graphic locations of proposed elements at an appropriate scale and contain
necessary information for submission to the CAFRB.
The CLIENT shall provide the CONSULTANT with the following:
Local Government Entity Resolution as required by the FDOT.
2. Deposit required by the FDOT for Maintenance and bonding.
3. Additional information required by the FDOT
CONSULTANT'S lump sum fee for this service shall be .................. ............................... ......................$4,521.28
1.03 MEETINGS
Meetings with municipal or FDOT plan reviewers, plan review committees, commission and additional
CLIENT meetings as requested by the CLIENT or required by the approval process will be invoiced on
an hourly basis in accordance with our professional fee schedule.
CONSULTANT'S fee for this service shall be billed hourly with an estimated budget of .....................$1,760.00
Section 2 — Structural Engineering Services
2.01 STRUCTURAL ENGINEERING
CONSULTANT shall review local requirement to prepare a structural design, break away support
detail, and foundation design in cad DXF format and perform a Wind Load Analysis. Revisions to this the
plans by the client after submittal to FDOT will be considered additional services.
CONSULTANT'S lump sum fee for this service shall be ................................... ............................... $3,280.00
KS KEITH&
SCHNARS
Monroe County
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
October 20, 2016 - Page 3
Section 3 — Highway Engineednq Services
3.01 MAINTENANCE OF TRAFFIC
The CONSULTANT shall design a Traffic Control Plan to accommodate vehicular and pedestrian
traffic during phases of construction. The Traffic Control Plan shall be prepared by a certified
designer who has completed training as required by the FDOT.
CONSULTANT'S fee for this service shall be billed hourly with an estimated budget of .....................$5,100.00
The CONSULTANT shall not commence work on this Work Order as approved by the County to
include as part of the Agreement referenced above without a written "Notice to Proceed" from the
Project Manager.
(THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY)
K� KEITH&
SCHNARS
Monroe County
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
October 20, 2016 - Page 4
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by it duly authorized
representative on the day and year first above written.
Board of County Commissioners
of Monroe County, Florida:
Approved as to Form and Legal Sufficiency:
By:
Attest:
Deputy Clerk
Consultant: Keith & Schnars
Date: �-ld 6l'
L
(Seal)
Approved by City Council
Date:
By:
Mayor /Chairman
Monroe County Attorney
Name: 13�� t-�-
Title: V IGf,
President (orother duly authorized Officer)
(Attach Resolution/Bylaw of authorization if not President)
20 , Item#
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S' SCHNARS
ATTACHMENT B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010 -10
AY DSIGN
COMMUNITY AESTHETIC FEATURE AGREEMENT ROAD OGCE12/12
Page 1 of 12
Section No.
CAFA No.
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
(_ ) 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.
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 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
625 - 010 -10
ROADWAY DESIGN
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Page 2 of 12
Section No. CAFA No.
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.
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 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 (_ ) - 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
"C°
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,
625 - 010 -10
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Page 3 of 12
Section No. CAFA No.
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.
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 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:
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 $
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.
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."
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Section No. CAFA No.
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.
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
625-010 -10
ROADWAY DESIGN
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Section No. CAFA No.
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 MOT agree that the Agency, its employees, contractors, subcontractors, consultants,
and subconsultants are not agents of MOT as a result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of MOT 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. MOT 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.
1s. 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
625-010 -10
ROADWAY DESIGN
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Page 6 of 12
Section No. CAFA No.
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.
625 - 010 -10
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Page 7 of 12
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.
625-010 -10
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Section No. CAFA No.
EXHIBIT "A"
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.
625-010 -10
ROADWAY DESIGN
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Section No. CAFA No.
fMmIll 11M lY
SPECIAL PROVISIONS
625-010 -10
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Section No. CAFA No.
EXHIBIT "C"
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
625-010 -10
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Section No. CAFA No.
EXHIBIT "D"
AGENCY RESOLUTION
625-010 -10
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Section No. CAFA No.
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:
KEITAND -01 NCHANDUVI
CERTIFICATE OF L IABILITY I NSURANCE ° " 2!261 16 S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U PON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT; It the certificate holder Is an ADDITIONAL INSURED, the Policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
tho terms and conditions of the policy, certain poticfes may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsernent(s ).
PRODUCER N
Ames S Gough NAM
8300 Greensboro Drive PH a,, . . (703) 827.2277 No : (70 827 -2279
Suite 980 D s admire ames ou h.com
McLean. VA 22102
INSURED
Keith and Schnars, P.A.
6600 North Andrews Avenue
Ft. Lauderdale, FL 33309 -1132
Company
THUS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOT%MTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWTH RESPECT TO Wi1CH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLIC LIMITS S HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MONROE COUNTY
1100 SIMONTON STREET
KEY WEST, FL 33040
Fire
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORSIZO REPRESENTA7"
'
0 1988 -2014 ACORD
ACORD 26 (2014101) The ACORD name and logo are registered marks Of ACORD
rights reserved.
CLAIMS MADE T OCCUR
180214
831au2o16
a3/o1/2017
EACH OCCURRENCE
u
s
1,000,
300,000
MEDEXPIAMenaparml
s_
10,000
PERSONAL AADVNAM
S
1,000,000
GENL AGGREGATE U APPLIES PER:
X JECi a LOC
OTHER:
AUTOMOIE.E L LMNLITY
GENERAL AGGREGATE
s
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PRODUCTS - COMACPAGG
f
21000
COW BINED
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A
X A NY AUTO
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AUTOS AUTOS
HIRED AUTOS AUTO — OVI" °
1840
03101120lB
03101!2017
Si m I
OWLY INJURY (Per penan)
.
BgD�LY INJURY (Peracodent)
s
s
S
1 ,000,
s
s
X UMBREU.AU4 OCCUR
S �QWD EXSSLIAG CLAIMS -MADE L6012004191
X RETENTION 10, 00
WORKERS COMPENEATTON
03101/2016 0310112017 AGGR EGATE OCCUR RENCE
s
s
5,000,
000,00
AND EMPLOYERS UABRJTY
C OFFI REMCLUDe U � Y N HIA 011015439
My e d tw ab N i,n
DE Pr OF OPERATIoNe below
B Professional EH 00 80912 27
B ability EH 00 60912 27
X
03/01/2016 03101/2017 E.L.EACHACCtOENT
E. L. DISEASE -EA EMPLOYE
0310112016 03101/2017 Per Claim POLICY LIMIT 16
0310112016 0310112017 Aggregate
s
s 11 �
1 1 000 1 00
1,000,
1,000,00 '
2,000,00
4,000,00
DEECMPT*V OF OPERAYMO rL.DCATIONB! Ve 4MO (ACCRD te1. Additftl Ra wh9 Ee(,NWywrbe eroelud It man epeee A re red)
E, kSs/18147 XX RFD- NON- 58 -0.20131EC -ON CALL PROFESSIONAL ENGINEERING SERVICES.
CERTIFICATE HOLDER IS INCLUDED AS ADOMONAL INSURED WITH THE EXCEPTION OF WORKERS
C OMPENSATION E PROFESSIONAL 9ABILITY.
nlrPf _
w
CERTIFICATE HOLDER _
CANCELLATION
MONROE COUNTY
1100 SIMONTON STREET
KEY WEST, FL 33040
Fire
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORSIZO REPRESENTA7"
'
0 1988 -2014 ACORD
ACORD 26 (2014101) The ACORD name and logo are registered marks Of ACORD
rights reserved.