09/17/1997 AgreementBRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
�6J OUNl��
�� N CUIp •. pG
a �
eF
�Of COUIRr•f�
,annp 1. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
M E M O RAN R U M
TO: Dent Pierce, Director
Public Works Division
Attn: Desiree Peacock
FROM: Isabel C. DeSantis, Deputy Clerk O(.C.f'.
DATE: December 8, 1997
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the September 17, 1997 meeting, the Board granted approval and
authorized execution of a revised agreement between Monroe County
and the Florida Keys Aqueduct Authority for a joint project to
construct culvert crossings and water line modifications at Jolly
Roger Estates and Cudjoe Gardens Subdivisions.
Enclosed is a fully -executed duplicate original of the Agreement
for your return to FKAA.
Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: Finance
County Administrator, w/o doc.
County Attorney
,/File
AGREEMENT BETWEEN MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF
CULVERT CROSSINGS
THIS AGREEMENT, made and entered into this ,/Z day of J��i�i1f1997, by and
between the Florida Keys Aqueduct Authority, a political subdivision of the State of Florida,
hereinafter called and referred to as the "FKAA" and Monroe County, a county of the State of
Florida, hereinafter called and referred to as the "COUNTY."
WITNESSETH:
WHEREAS, the COUNTY and the FKAA are authorized to enter into this Agreement
pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage; and
WHEREAS, the COUNTY has caused to be prepared construction plans and specifications
for culvert crossings within the county.
WHEREAS, the FKAA has caused to be prepared construction plans and specifications for
the retirement, replacement, and adjustment of water lines in the aforementioned culvert crossings;
and
WHEREAS, both the COUNTY and the FKAA recognize that it is in the best public interest
that retirement, replacement, and adjustment of the water lines to be constructed coincidental with
the culvert crossings; and
WHEREAS, a cooperative effort by the COUNTY and the FKAA will facilitate
construction, avoid conflicts, and cause less inconvenience to the residents of the county; and
WHEREAS, the COUNTY is desirous of FKAA funding the costs for constl=tioruof t1t8
a r- y>.
retirement, replacement, and adjustments of the water lines that would benefit the resrclontss f tl5i,14 ='
county; and c ,
m
WHEREAS, the FKAA will review and approve all design and contra Qc4mea r,
pertaining to the construction prior to bidding; and
WHEREAS, this Agreement shall pertain to culvert crossings only in the folfow
locations: a y o
1
Cudjoe Gardens, Cudjoe Key - Drost Drive, between 0 and 5" Aves.
Drost Drive, between 5`' and 6`' Aves.
Drost Drive, between 6' and 7t' Aves.
Drost Drive, between 7"' and Wh Aves.
Jolly Rogers, Little Torch Key- Le Grand Rd., between Pirates Rd. and Blackbeard Rd.
Le Grand Rd., between Blackbeard Rd. and La Fitte Rd.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the parties to this Agreement agree as follows:
1. The recitals set forth above are hereby adopted and incorporated into this Agreement.
2. The COUNTY agrees to:
A. Form one set of bid documents for the culvert crossings and retirement, replacement,
and adjustment of water lines by including the design plans and technical
specifications prepared by the FKAA with the contract documents and culvert
crossing design plans and specifications prepared by the COUNTY.
B. Advertise for bids, submit bids to the FKAA for review and consideration by the
FKAA Board of Directors, and award a contract for the culvert crossings including
the retirement, replacement, and adjustment of water lines contingent upon approval
from the FKAA Board of Directors.
C. Administer the contract as awarded in Paragraph 2.B. hereof and administer the funds
in accordance with this Agreement.
D. Require the contractor to maintain complete and accurate as -built record drawings
and forward the record drawings to the FKAA upon completion of the project.
E. Upon completion of the project that is the subject of this Agreement, the COUNTY
shall supply the FKAA with a contract audit in accordance with standard accounting
procedures that reflects total, final costs of the water line retirement, replacement,
and adjustments.
3. The FKAA agrees to:
A. Prepare design plans and technical specifications for the water line retirement,
replacement, and adjustments and obtain all necessary permits for the water
distribution system improvements.
B. Pay up to the balance between available County special taxing district funds and
actual project construction costs but no more than the total actual costs for the water
line retirement, replacement, and adjustments.
2
C. Establish a special escrow account and deposit into this account sufficient funds to
cover the costs of retirement, replacement, and adjustment of water lines as
established by the FKAA Engineer's construction cost estimate and agreed to by the
COUNTY after their review and evaluation.
D. Provide or cause to be performed all inspection services for the water line retirement,
replacement, and adjustments during construction and final certification for the water
distribution system improvements.
E. Contribute and forward to the COUNTY the funding for the actual costs of the
retirement, replacement, and adjustment of water lines. Such contributions and
funding shall be paid by the FKAA as such costs are accrued with total payment not
to exceed 95% of the actual costs prior to the FKAA' acceptance of completion. The
FKAA's acceptance and final 5% payment shall be made within 30 days after a bill
for same has been issued by the COUNTY to the FKAA.
4. Both the COUNTY and the FKAA agree to pay each other such funds as are indicated in the
final audit set forth in Paragraph 2.E. above that will balance accounts between the parties.
The parties hereto agree with respect to their responsibility for liability as follows: the
COUNTY shall be solely responsible for all liabilities that arise or accrue from the design
and construction of the culvert crossings under this Agreement, and the FKAA shall be solely
responsible for all liabilities that arise or accrue from the design and construction of the
retirement, replacement, and adjustment of water lines under this Agreement.
5. The FKAA's participation and obligation to pay under this Agreement is contingent upon
FKAA Board of Directors' approval of the selected contractor and construction contract.
6. This Agreement shall be executed in duplicate and the COUNTY shall retain one (1) copy
and the FKAA shall retain one (1) copy. All copies shall be considered originals.
7. Any and all notices required or permitted to be given hereunder shall be deemed received
five (5) days after same are deposited in U.S. mail sent via certified mail, return receipt
requested.
All notices to the COUNTY shall be sent to:
Monroe County Engineering Department
5100 College Road, Stock Island
Key West, FL 33040
Attention: Mr. David Koppel, P.E.
Director of Engineering
3
All notices to the FKAA shall be sent to:
Florida Keys Aqueduct Authority
1100 Kennedy Drive, P.O. Box 1239
Key West, FL 33040
Attention: Mr. James Reynolds, P.E.
Director of Engineering
IN WITNESS WHEREOF, the Florida Keys Aqueduct Authority Board of Directors has
caused this Agreement to be signed in its name by its Executive Director and its seal to be affixed
hereto, and the Commissioners of Monroe County, Florida have caused this Agreement to be signed
by the Mayor on their behalf and the seal of the County Commission to be affixed hereto, the date
and year first written above.
FLORIDA KEYS AQUEDUCT AUTH
KEY WEST, FLORIDA n
I�
T. Doughtry, Ex of e Director
DATE
ATTEST:
BY:`� C
DATE
APPROVED AS TO FORM AND
LEGAL SUFFICI Y:
BY:
obert T. Feldman
FKAA General Counsel
ATTEST:
THE C;ayor
T COMM SION
MON OUN RI
5
BY:
Dougla , Monroe County
Board of Commission
DATE ��....
ATTEST:;-
BY:
Danny L. Kolhage, County Clerk
DATE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
James Hery k "
County Aftorney4,
ATTEST:
BY: BY:
4