Item F4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 01115/03
Division:
Public Works
Bulk Item: Yes
No~
Department: Engineering
AGENDA ITEM WORDING: Approval to execute lnterlocal Agreement for the Rehabilitation of the Boot
Key Harbor Bridge.
ITEM BACKGROUND: At the September 18,2002 Board of County Commission meeting, the
Board voted unanimously to have an Interlocal Agreement between Monroe County and the City of
Marathon prepared for the rehabilitation of Boot Key Bridge in the amount of$756,400 for
construction and up to $200,000 in design costs with the total not to exceed $1,000,000. At the
October 16,2002 BOCC meeting an Interlocal Agreement was approved, but as of October 9,2002 no
comments had been received from the City of Marathon. On December 17,2002, the City of Marathon
submitted this Agreement for execution.
PREVIOUS REVELANT BOCC ACTION: Ongoing discussions regarding related matters to the
City of Marathon incorporation.
CONTRACTIAGREEMENTCHANGES: N~
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$956.400.00
COST TO COUNTY:
BUDGETED: Yes ~ No
Acet. 102-22508-560630
SOURCE OF FUNDS: Gas Tax
REVENUE PRODUCING: Yes
No-L AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
Risk Management _
ITEM PREPARED BY:
)z/j'cJ ~
DIVISION DIRECTOR APPROVAL:
Dent Pierce
DOCUMENTATION:
Included X
To Follow_
Not Required
-
AGENDA ITEM #4
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
City of Marathon, Monroe
County, Florida
Contract #
Financial Project
Effective Date:
Expiration Date:
Upon Execution
Until Completion
Contract Purpose/Description:
Interlocal A reement for the Rehabilitation of the Boot Ke Harbor Brid e
Contract Manager: David S. Koppel, PE
(Name)
4426
(Ext. )
for BOCC meetin on
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $
Budgeted? Yes ~ No D
Grant: $
County Match: $
956,400.00 Current Year Portion: $
Account Codes: 102-22508-560630
- - -
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- - -
----
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Date Out
Date In
.
-
Risk Management
O.M.B./Purchasing YesD No~' U~.t:'&.v
CountyAttomey J;:;/23/0L- YesDNo~~
Comments:
/;;~ t::J.t,-tJ
r
12-23'"
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT FOR THE
REHABILITATION OF THE BOOT KEY HARBOR BRIDGE
THIS INTERLOCAL AGREEMENT (the "Interlocal Agreement") is entered into pursuant to
Sec. 163.01, FS, by and between the City of Marathon (City), a Florida municipal corporation
whose address is 10045-55 Overseas Highway, Marathon, FL 33050; and Monroe County
(County), a political subdivision of the State of Florida, whose address is Gato Building, 1100
Simonton Street, Key West, FL 33040.
RECITALS
WHEREAS, the parties previously entered into a Memorandum of Understanding dated May
16, 2001 (the "MOU"); and
WHEREAS, pursuant to the MOU, the City agreed to accept ownership of the Boot Key
Bridge (the "Bridge") conditioned upon the County agreeing to pay up to $1,000,000.00 for
repairs to the Bridge; and
WHEREAS, pursuant to the MOU the parties prepared a joint engineering report dated
February 22, 2002 (the "Report") to identify necessary repairs of the Bridge; and
WHEREAS, the Report contains an Engineering estimate for rehabilitation costs, estimating
the cost of 22 line items at $630,333, plus a 20% contingency in the sum of $126,066; and
WHEREAS, Design and other professional services required for the Bridge repair work are
estimated to cost $200,000.
NOW THEREFORE, IN CONSIDERATION of the mutual promises set forth below, the parties
agree as follows:
1. This Interlocal Agreement supersedes the one approved by the Board of County
Commissioners on September 18, 2002.
2. Project. The City agrees:
a. to perform the necessary services to rehabilitate the Bridge, located within the
City, hereafter the Project. The Project includes: professional engineering,
design, construction administration and inspection services, preparation of the
appropriate procurement documents to bid the rehabilitation work, review of the
bids, award of the rehabilitation work and construction services. The Project
work is more particularly described in Exhibit "A," which is attached to, and
made a part of, this interlocal agreement.
b. The City will be responsible for bidding and selection of the appropriate
contractors entering into contracts for the Project and supervising all design,
construction administration, inspection services and construction services.
3. Payment. The County agrees to reimburse the City for the Project as follows:
a. Reimbursement is on a monthly basis.
b. To receive payment, the City must submit to the County Engineer, an invoice in
the format attached as Exhibit "B,". The invoice must describe the services
performed together with proof that payment has been made to the City's
contractor(s) and materialmen.
c. If the invoice is satisfactory to the County Engineer, he/she shall forward the
invoice to the County Clerk for payment. If the County Engineer or County
Clerk determine that an invoice contains an error or omission, then the County
Engineer or County Clerk (as appropriate) must return the invoice to the City
with a written explanation of the error or omission. If the invoice contains no
error or omission, then the County shall pay the City within 20 days of the
County Engineer's receipt of the invoice. If the invoice is returned for
correction, then the payment must be made within 20 days of the date the
County official who requested the correction receives the corrected invoice.
d. The maximum amount the County is obligated to reimburse the City under this
Interlocal Agreement is $956,400.00; provided that this amount shall be further
divided as follows: $200,000.00 for professional engineering, design, bidding,
construction administration, and inspection services and $756,400.00 for the
construction costs of the Bridge rehabilitation. The allocation of amounts for
the particular construction tasks are set forth in detail in Exhibit A. Those
allocations are guidelines, however, and shall be adjusted to reflect the actual
amounts of the construction contract(s) entered into by the City.
e. Before the final payment may be made releases for any and all claims against
the City from its contractor(s) and materialmen must also be furnished to the
County.
4. Records. The City agrees to keep its financial records pertaining to the Project
according to generally accepted accounting principles and to retain such records for three years
following the date when the Project is complete. The records must be made available for
inspection by an auditor employed by the County Clerk or County during regular business hours
(Monday to Friday, 9 AM - 5 PM, holidays excepted). If the auditor determines that County funds
paid to the City under this Interlocal Agreement were used for a purpose not authorized by this
agreement, then the City must refund the funds improperly spent with interest calculated
pursuant to Section 55.03, Florida Statutes, with interest running from the date the County paid
the improperly spent funds to the City. This paragraph will survive the completion of Project and
the receipt of the final payment by the City.
5. Indemnification. To the extent permitted by Section 768.28, Florida Statutes, the
City agrees to indemnify and hold harmless the Board Of County Commissioners, the County, its
officers, employees, agents and contractors, from any negligent act(s) or omission(s) of the City,
its officers and employees, contractors (in any tier) and materialmen, that occur during, or as a
result of, the Project, including any claims by unsuccessful bidders. This paragraph will survive
the completion of the Project and the receipt of the final payment by the City.
6. Funding. The parties agree that the County's responsibility under the Agreement is
to provide funding only. Accordingly, all design and inspection professionals, Project contractors
(in any tier) and materialmen furnishing materials for the Project, are in privity with the City only,
may not seek direct payment from the County, and that the County has no duty, liability or other
obligation to such persons. The City agrees to include a sentence similar to the foregoing in all
contracts entered into by the City for the Project.
7. ADplicable Laws. In awarding contracts for the engineering, design, bidding,
construction administration, inspection and rehabilitation of the Bridge the City agrees to abide by
all applicable City ordinances and state and federal laws.
2
8. Time Issues. The parties recognize that the City will enter into contractual
obligations with third parties in order to perform the services required by this Project and that the
County shall be the funding source for a significant portion of the City's cost of the Project.
Accordingly, the County and the County Clerk shall timely process all invoices received from the
City in accordance with the provisions of Paragraph 2.
9. Notices. All correspondence between the parties made necessary by this interlocal
agreement must be in writing and delivered to the following by registered mail, return receipt
requested, hand delivery or private postal carrier:
Monroe County
Dave Koppel, Engineer
1100 Simonton Street
Key West, FL 33040
City of Marathon
City Manager
10045-55 Overseas Highway
Marathon, FL 33050
Copy to:
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 420
Miami, FL 33133
10. Term. This Interlocal Agreement shall be effective upon the date of execution by
the last party and a copy is filed with the Clerk of the Circuit Court, pursuant to Section
163.05(11), Florida Statutes and shall remain effective until final reimbursement of funds under
Paragraph 3(d) is made to the City by the County.
11. Venue/Attorneys' Fees. Venue for any litigation arising under this Interlocal
Agreement must be in a court of competent jurisdiction in Monroe County, Florida. In the event
of any administrative, trial or appellate litigation arising out of this Agreement, the prevailing
party is entitled to costs plus a reasonable attorney's fee from the non-prevailing party.
12. Prior Aareements. The parties agree that this Interlocal Agreement represents the
parties' final mutual understanding and replaces any prior agreements concerning the same
subject matter whether written or oral. This Interlocal Agreement may only be modified by a
writing agreed to by both parties.
13. Severability. If any provision, or any portion thereof, contained in this Agreement
is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement,
or portion thereof, shall not be affected and shall remain in full force and effect.
14. Assignment. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by either party without the prior written consent of the
other party.
15. Amendment. No modification, amendment or alteration in the terms or conditions
of this Interlocal Agreement shall be effective unless contained in a written document executed
with the same formality as this Agreement.
16. Survival of Provisions. Any terms or conditions of either this Interlocal Agreement
or any subsequent Agreement that require acts beyond the date of the term of either agreement,
shall survive termination of the agreements, shall remain in full force and effect unless and until
the terms or conditions are completed, and shall be fully enforceable by either party.
3
17. Default/Termination Remedies.
17.1 In the event of a failure to perform or a breach of any obligation of this
Interlocal Agreement by either County or City, which failure or breach is not cured within thirty
(30) days of written notice thereof, such action shall constitute a default by the party committing
said default.
17.2 If and when any default of this Interlocal Agreement occurs, the non-
defaulting party may, by 10 days written notice to the defaulting party, terminate this Interlocal
Agreement and avail itself of any legal or equitable remedies that may apply, including, but not
limited to, injunctive relief, actual damages and specific performance of this Agreement.
party.
17.3 Such remedies may be exercised in the sole discretion of the non-defaulting
17.4 Nothing contained in this Agreement shall limit either party from pursuing
any legal or equitable remedies that may apply.
18. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Date
County Attorney
(SEAL)
Attest: Clerk
B~a/~,-~v: S;~~___
Katherine Selchan, City Clerk
Date ~t!/2... /I, 02.~().:L..
.
4
Exhibi t A
Scope of Work - To perform repairs necessary to bring the Boot Key Bridge into a
condition acceptable for transfer from Monroe County to the City of Marathon. Work
will include repairs to the concrete structure, structural steel, electrical system and
mechanical system. Details of particular items and estimated quantities are identified on
the estimated rehabilitation cost sheet amended 2/22/02. Twenty-two items are identified
having a total estimated cost of$756,400.00, which includes a 20% contingency.
ExhibitABootKeyBridge.DOC
Proj ect:
Location:
Date:
Boot Kev Bride-e Rehabilitation
Monroe County. Florida
2/1/02
Amended 2/22/02
Item No. t Unit Descri tion Unit Price Extension
I L.S. L.S. Mobilization L.S. $60.000.00
2 L.S. L.S. Maintenance of Traffic L.S. 30.000.00
3 300 L.F. Turbidity Barrier $12.00 3.600.00
4 1800 L.F. Relocatin!! Barriers 1.00 1.800.00
5 650 L.F. Reseal Expansion Joints $20.00 13:000.00
6 4984 Inches Iniect & Seal Cracks $ 1.67 8 373.00
7 L.S. L.S. Structural Steel Repair L.S. 150.000.00
8 L.S. L.S. Paint Structural Steel L.S. 170.250.00
9 L.S. L.S. Concrete Brid!!e RaiIin!! L.S. 12.400.00
10 L.S. L.S. Submarine Cable L.S. 4.500.00
II L.S. L.S. Traffic Signals L.S. 1:200.00
12 5 Ea. W arnim~ Gates $2000.00 10000.00
13 L.S. L.S. Electrical Repair L.S. 12.000~00
14 L.S. L.S. Mechanical Repair & Adiust L.S. 18:000.00
15 91.517 cu.in. Spallin!! Cone. Repair(Epoxy) $0.145
16 52.876 cU.in. Spallin!! Cone. Modified P.CC $0.052 13:270.00
2 750.00
17 L.S. 1 Ea. Remove GeneratorlInstalI Remote L.S. 8:000.00
18 L.S. L.S. Remove & Repair Side L.S. I 040.00
19 88 L.F. Structural Pile Jacket $850.00 74:800.00
20 34 L.F. Re!!Ular Pile Jacket $600.00 20400.00
21 600 L.F. Guard RaiIin!! $20.00 12:000.00
22 L.S. L.S. Abutment Slope Protection L.S. 3 000.00
$630,333.00
20% 126.066.00
Estimated Rehabilitation Cost $756,400.00
IBC/j 1
BootKey BrRehabCostList.DOC