Okaloosa County BOCC — April 27, 2013 — Maintenance Agreement — reading text

FIN. PROJECT I.D.: 433018-1-52-01 COUNTY: OKALOOSA FAP NO.: 8886 295 A DESCRIPTION: Turn Lane and Superelevation Construction MAINTENANCE AGREEMENT This AGREEMENT is between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (“DEPARTMENT”), and OKALOOSA COUNTY, Florida (hereinafter called “COUNTY”); RECITALS A. The DEPARTMENT is preparing to undertake a project within the COUNTY identified and known to the parties by Financial Project I.D. 433018-1-52-01, on Martin Luther King, Jr. Boulevard, Section No. 57000112, from Beginning Mile Post 1.893 to Ending Mile Post 2.232 (“PROJECT”) which PROJECT will be of benefit to the COUNTY; B. The COUNTY is desirous of constructing turn lanes and superelevation improvements at the intersection with Freedom Way (“IMPROVEMENT”) as part of the PROJECT; which will be of benefit to the COUNTY; C. The parties recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the IMPROVEMENT; D. Approval of federal aid necessary to the PROJECT requires agreement by the COUNTY to maintain the PROJECT; E. The COUNTY has agreed to maintain the IMPROVEMENT in accordance with the provisions below; F. The COUNTY has authorized its officers to execute this AGREEMENT on its behalf; and G. The DEPARTMENT is authorized pursuant to Section 334.044, Florida Statutes, to enter into contracts and agreements with municipalities and counties. NOW, THEREFORE, in consideration of the premises, the parties hereby agree as follows: 1. Upon completion of the IMPROVEMENT identified in the recitals above, the COUNTY shall assume responsibility for maintenance of the IMPROVEMENT and shall at all times maintain the IMPROVEMENT in a reasonable manner and with due care in accordance 1 with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Greenbook”). 2. Maintenance of the IMPROVEMENT shall be subject to periodic inspections by the DEPARTMENT. 3. The DEPARTMENT’s District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution, or fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 4. This AGREEMENT may be terminated by the DEPARTMENT following ninety (90) calendar day’s notice. 5. This AGREEMENT embodies the entire agreement and understanding between the parties hereto and there are no other agreements, understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 6. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. 7. The COUNTY shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: (a) All persons employed by the COUNTY during the term of the Contract to perform employment duties within Florida; and (b) All persons, including subcontractors, assigned by the COUNTY to perform work pursuant to the contract with the Department. 8. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt: (a) If to the DEPARTMENT, address to FDOT, 1074 Highway 90, Chipley, FL, 32428, or at such other address as the DEPARTMENT may from time to time designate by written notice to the COUNTY; and (b) If to the COUNTY address to 1759 South Ferdon Blvd, Crestview, FL 32536, or at such other address as the COUNTY may from time to time designate by written notice to the DEPARTMENT. 9. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. 2  This AGREEMENT shall be effective when all parties have signed it. The date of this AGREEMENT is the last date below a party’s signature. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ___________________________ By:___________________________ Name: DON R. AMUNDS JAMES T. BARFIELD, P.E. Title: Chairman District Secretary Date:__________________________ Date: __________________________ ATTEST: ATTEST: Name: ________________________ Name:______________________________ Title:___________________(seal) Executive Secretary (seal) Legal Review: Legal Review: _____________________________ _______________________________ Title: County Attorney Office of the General Counsel 3