Resolution 060-201414
RESOLUTION NO. 060 _ 2014
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING AND AUTHORIZING THE EXECUTION
OF THE REHABILITATION OF OLD SEVEN MILE
BRIDGE AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND
MONROE COUNTY, FLORIDA FOR THE FUNDING,
REPAIR AND REHABILITATION OF THE OLD SEVEN
MILE BRIDGE BETWEEN KNIGHTS KEY AND PIGEON
KEY.
WHEREAS, the Old Seven Mile Bridge "the "Bridge "), located in Monroe County,
Florida, is owned by the Florida Department of Transportation (the "Department ") and is listed
on the National Register of Historic Places; and
WHEREAS, the Bridge provides the only land access between Knights Key and Pigeon
Key in Monroe County, Florida; and
WHEREAS, due to advance deterioration, the Department has closed the Bridge to
vehicular traffic allowing pedestrian traffic only; and
WHEREAS, the County and the City of Marathon, Florida have requested the Bridge be
repaired and restored to ensure the safety of pedestrians and limited vehicular capacity of 17
TONS (SU2 Type Truck), which will allow access from Knights Key to Pigeon Key for fire and
rescue vehicles; and
WHEREAS, it is the shared desire of the County, the City of Marathon and the Florida
Department of Transportation to preserve the Bridge as a historic and cultural resource; and
WHEREAS, pursuant to Chapter 267, Florida Statutes, the Florida Department of
Transportation has the responsibility for the preservation of historic resources owned or
controlled by the Department; and
WHEREAS, the parties have each agreed to contribute to the design, construction, repair
and/or routine maintenance of the Bridge, as provided for in the Rehabilitation of Old Seven Mile
Bridge Agreement attached as Exhibit A. to this Resolution; and
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Res app Old 7 Mile Bridge FDOT Agreement
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NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Monroe County, Florida hereby:
1. Approves and authorizes execution of the Rehabilitation of Old Seven Mile Bridge
Agreement between the State of Florida Department of Transportation and Monroe
County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19 day of March, 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Res app Old 7 Mile Bridge FDOT Agreement
BOCC 3/19/14(kp)
BOARD
OF MO?
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Yes
No
Yes
Yes
Yes
CO T ,
SIONERS
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Res app Old 7 Mile Bridge FDOT Agreement
BOCC 3/19/14(kp)
BOARD
OF MO?
Page 2 of 2
Yes
No
Yes
Yes
Yes
CO T ,
SIONERS
I ,
REHABILITATION OF OLD SEVEN MILE BRIDGE
AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
AND MONROE COUNTY, FLORIDA
This AGREEMENT is entered into this day of f , 201 , by and
between the State of Florida Department of Transportation, (the "Department ") and
Monroe County, a political subdivision of the State of Florida, (the "County").
RECITALS
A. Old Seven Mile Bridge (the "Bridge "), a Department owned bridge, located in
Monroe County, Florida, is listed on the National Register of Historic Places.
B. The Bridge provides the only land access between Knights Key and Pigeon Key,
in Monroe County, Florida.
C. Due to advance deterioration, the Department has closed the Bridge to vehicle
traffic allowing pedestrian traffic only.
D. The County and the City of Marathon have requested that the Bridge be repaired
and restored to ensure the safety, of pedestrians and limited vehicular capacity of 17
TONS (SU2 Type Truck), which will allow access from Knights Key to Pigeon Key for
fire and rescue vehicles, and to preserve the Bridge as historic, and a cultural resource.
E. Pursuant to Chapter 267, Florida Statute, the Department has the responsibility
for the preservation of historic resources owned or controlled by the Department.
F. The parties have each agreed to contribute to the design, construction, repair
and /or routine maintenance of the bridge, as provided for herein, and memorialize the
obligations and responsibilities of each party hereto.
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the Department and the County agree as follows:
ARTICLE 1
INCORPORATION OF RECITALS
The recitals listed above are true, correct, and are incorporated herein by reference.
EXHIBIT A.
To Resolution
Old Seven Mile Bridge Rehabilitation Project Agreement
ARTICLE 2
PURPOSE
The purpose of this Agreement is to memorialize the understanding of the Parties
relative to the rehabilitation project of the Bridge (the "Project "), which shall include
design, construction and construction inspection, annual maintenance, steel painting,
and future periodic repairs of the Bridge, and to address the cost allocation of the
Project, maintenance, and other costs, as to each party.
ARTICLE 3
RESPONSIBILITIES AND FINANCIAL AND OTHER OBLIGATIONS
3.1 The Department shall design the bridge rehabilitation. Subject to the
contingencies recited in Paragraph 4.1 herein, the Department additionally agrees to the
following:
a. Construction and construction inspection of the Project, at the
Department's sole cost and expense;
b. Provide funding for the initial repair, capital cost and future periodic repairs
such as replacement of bearings, replacement of rivets with high strength bolts,
strengthening of piers and bridge deck cracks repairs. The Department's cost
responsibilities are estimated to be as follows:
i. Initial Rehabilitation /Repair Capital Cost: $ 33,832,605.00 (Year 0)
ii. Replacement of Bridge Bearings Cost: $2,646,000.00 (year 11)
iii. Bridge Deck Crack Repairs Cost: $3,589,400.00 (Year 11)
iv. Replacement of Rivets Cost: $9,688,800.00 (Year 15)
v. Steel Painting Cost: $7,970,000.00 (Year 15)
vi. Strengthening of piers (Replacement of Pier collars) Cost: $410,000.00 (Year 20)
The Year reference herein shall commence as of date of final acceptance of the
rehabilitation Project by the Department (Year 0).
The Department shall retain ownership of the Bridge, and shall be responsible for
maintenance and steel painting, subject to the provisions of sub - paragraph 3.2 below.
The Department has currently programmed funds for the design phase of the Project.
The construction phase (Initial Rehabilitation /Repair) of the Project has not been
programmed at this time.
3.2 The County's cost responsibilities are to be as follows:
County's Annual Maintenance Cost: $206,989.00 annually for 30 years
(Years 1 -30), for a total of $6,209,670.00;
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Old Seven Mile Bridge Rehabilitation Project Agreement
ii. County's Fixed Capital Outlay Cost: $355,666.00 annually for 30 years (Years
1 -30), for a total of $10,670,000.00;
iii. Initial Capital Improvement Cost: Year 0 (County funded) $ 2,700,000.00.
FDOT cost for repair and rehabilitation for an estimated total $ $58,136,805.00.
The Year reference herein shall commence as of date of final acceptance of the
rehabilitation Project by the Department (Year 0). The Department shall send written
notice informing the County of the date of final acceptance of the rehabilitation project.
Upon written notification of final acceptance of the rehabilitation project from the
Department to the County, the County shall deposit the County's Annual Fixed Capital
Outlay payments in a County established sinking fund. Such sinking fund shall be used
for payment of the year 30 Fixed Capital Outlay Cost.
FDOT shall invoice the County for the County's (year 0) Initial Capital Improvement
Cost upon execution of the contract(s) let for the work described in paragraph 3.1.b
above. FDOT shall invoice the County for the (year 1 -30) Fixed Outlay Capital Cost at
year 30 of this Agreement. Annual Maintenance costs shall be billed to the County by
FDOT annually on Nov 1 st each year this Agreement remains in effect. The County shall
have 30 calendar days to submit each of the payments set forth above.
The ongoing maintenance costs subsequent to year 30 shall be adjusted by the Parties
prior to the end of year 30.
3.3 The County's performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
3.4 Additional Financial Provisions
a.- The parties have determined that the total cost of the Project is estimated
to be $ $77,716,475.00. As such, the Department has agreed to contribute
$58,136,805.00 to the total cost of the Project, and the County has agreed to contribute
$19,579,670.00 to the total cost of the Project. The Parties shall enter into a Locally
Funded Agreement ( "LFA ") for purposes of addressing the County's portion of the costs,
prior to the completion of the construction of the Project.
b.- Each party shall continue to fund one -half of the annual cost to operate
the ferry from Knight Key to Pigeon Key, until such time as the construction of the
Project is complete.
C.- The Department's performance and obligations under this Agreement are
contingent upon an annual appropriation by the Legislature. If the Department's funding
for this Project is in multiple fiscal years, funds approval from the Department's
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Old Seven Mile Bridge Rehabilitation Project Agreement
Comptroller must be received each fiscal year prior to costs being incurred. Project
costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to
funds approval being received.
d.- In the event that this agreement is in excess of $25,000, and the
agreement has a term for a period of more than one year, the provisions of Section
§339.135(6xa), Florida Statutes, are hereby incorporated into this Agreement and are
as follows:
The department, during any fiscal year, shall not expend
money, incur any liability, or enter into any contract which, by
its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during any
such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money
may be paid on such contract. The department shall require a
statement from the comptroller of the department that funds
are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding 1 year,
but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the department which
are for an amount in excess of $25,000 and which have a
term a for a period of more than 1 year.
ARTICLE 4
GENERAL PROVISIONS
4.1 It is understood and agreed that the Department's obligations to construct the
Bridge Rehabilitation Project is specifically contingent upon the County:
a.- Adopting a resolution authorizing the funding of their portion of the cost, as
stipulated herein, and the execution of a Locally Funded Agreement ( "LFA ") with the
Department;
b.- Adopting a resolution authorizing the County to enter into this Agreement,
and to be bound by the terms herein.
4.2 In the event that the County fails to comply with the provisions of this paragraph
4.1, the Department shall not be obligated to proceed with any further obligations or
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Old Seven Mile Bridge Rehabilitation Project Agreement
responsibilities related to the construction of the Project, except that the Department
shall continue to comply with its obligations relative to the Bridge, in accordance with
Florida law.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law. 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 state court of appropriate jurisdiction
in Leon County, Florida.
5.2 Amendments. A modification or waiver of any of the provisions of this Agreement
shall be effective only if made in writing and executed with the same formality as this
Agreement.
5.3 Notices. All notices, request, demands, consents, approvals and other
communications related to this MOA, or which are required to be served or given
hereunder, shall be in writing and shall be sent to either party by registered or certified
U.S. mail, return receipt requested, postage prepaid, addressed to the following:
As to the County
Roman Gastesi
County Administrator
Monroe County (Florida Keys)
1100 Simonton Street, Suite 2 -205
Key West, Florida 33040
Office 305 - 292 -4441
Cell: 305 - 394 -1332
Fax 305 - 292 -4544
Gastesi- Roman @monroecounty - fl.gov
As to the Department
Dennis J. Fernandez.
Structures Maintenance Administrator.
Florida Department of Transportation, District Six.
1000 NW 111th Avenue, Room 6205A
Miami, Florida. 33172
Telephone: (305) 470 -5182
Email: dennis.femandezOdot.state.fl.us
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Old Seven Mile Bridge Rehabilitation Project Agreement
Each party shall provide notice to the other party, as afore - stated, of any changes
related to the name of an addressee, or to a notice address.
5.4 Assignability. This Agreement shall not be assignable or transferable, in whole or
part, by either party.
5.5 Effectiveness. This agreement shall be effective upon the date in which the last
party executes, but the obligations of the Parties shall be expressly subject to the
provisions contained in Article 4 of this Agreement.
5.6 Interpretation. No term or provision of this Agreement shall be interpreted for or
against any party because that party's legal counsel drafted the provision.
5.7 Entire Agreement. This MOA represents the entire agreement by and between the
parties with respect to the subject matter contained herein, and supersedes all other
agreements, oral or written.
5.8 Indemnification. The Department, a State of Florida Agency and the County, a
political sub - division of the State of Florida, are each subject to the provisions of Section
768.28, Florida Statutes. Accordingly, each Party agrees to be fully responsible for its
own acts and omissions and for those of its respective agents or employees to the
extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by either Party. Nothing herein shall be construed as consent by either Party
to be sued by third parties in any matter arising out of this Agreement.
5.9 Public Access. Pursuant to Florida Statute §119.0701, the Department and County
shall comply with all public records laws of the State of Florida, including but not limited
to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and conditions
that Monroe County would provide the records and at a cost that does not exceed the
cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of
this Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to Monroe County in a format that is compatible with the
information technology systems of Monroe County.
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Old Seven Mile Bridge Rehabilitation Project Agreement
5.10 Force Maieure: Neither party shall be liable for disruptions or delays in the repair,
rehabilitation, maintenance or funding due to the occurrence of any contingency beyond
its control, including war or act of war whether an actual declaration thereof is made or
not, act of terrorism impacting travel in the United States, insurrection riot or civil
commotion, act of public enemy, epidemic, quarantine restriction, hurricane, storm
flood, drought or other act of God, act of nature (including presence of endangered
animal species which cannot be removed in a safe and timely manner) or any act of any
governmental authority which disrupts or delays the repair, rehabilitation, maintenance
or funding thereof in full or in part for which the respective party has exercised
reasonable care in the prevention thereof. Any disruption or delay due to the causes
stated shall not constitute a breach of the Agreement. Neither party shall have any
further duty, responsibility or obligation under the terms of this Agreement in the event
any of the aforementioned events destroy the Old Seven Mile Bridge or damage the
bridge to the point where repairs are found to be unfeasible by FDOT fr* the d oM
occurrence of the Force Majeure event. o o
rn �►
IN WITNESS WHEREOF, the Parties have hereunto executed thp$3strun ant @r
ose herein expressed, the day and year first above written. z� - =
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BOARD 9�OUNTY COMMIS'�IONEI
AMY HEAVILIN, CLRK OF MO�'�""- CO TY, LYRIDA
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Witness:
Name fi
(Print/Type ame)
LEGAL REVIEW:
Name: *V'rzV /.� Title: r
FLORIDA DEPARTMENT OF
TRANSPO ATI N
By:
Distric ix Secretary of
Transportation Development
PEDRO . (VIER
ASSISTANT 0UNTY
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Old Seven Mile Bridge Rehabilitation Project Agreement