Item C36
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6-14-00
Division: Public Works
Bulk Item: Yes X
No
Department: Engineering
AGENDA ITEM WORDING: Approval of an agreement with the Florida Department of Transportation
for the maintenance of a bike path and adjacent landscaping on US 1 from Big Coppitt Key to Bay Point,
and resolution authorizing the Mayor to execute same.
ITEM BACKGROUND: The design of this project is nearing completion and this agreement is needed
prior to FDOT beginning construction. It is our intent to turn this path over to the Department of
Environmental Protection Park Service for their future maintenance as part of the Overseas Heritage Trail.
PREVIOUS RELEVANT BOCC ACTION: This project has been in FDOT's Five Year Work Plan for
several years.
STAFF RECOMMENDATION: Approval as stated above.
I
TOTAL COST: $28.000/yr - maintenance
BUDGETED: Yes X NO
Account #
REVENUE PRODUCING: YES
NO
AMOUNT PER MONTH
YEAR
APPROVED BY: County AllYl} / OMB ",hasing Risk Management
Item Prepared by: ~ - ~
David S. Koppel, P.E., County E~~jer / /7 . ;;
DIVISION DIRECTOR APPROVAL: {~(>L/~ ~-1311 00
Dent Pierce, Division Director
DOCUMENTATION: Included X
To follow
Not requi,ed ~
AGENDA ITEM #
DISPOSITION:
l\fO~1tOE COUNTY BOARD OF COUNTY COMl\fiSSIONERS
CONTRACT SUMMARY
Contract #
sw p-li I
ContractManage~)~.II~ 'frryi, ~
' (Name) (En.) {Depanme
for B0CC meeting on _.l..:1 I t I 00
Agenda Deadline: -5-1 '3>1 I () 0
Total Dollar Value of Contract: $
BUdgeted? Yes No
Grant: $
County Match: $
ADDmON~OSTS~ .
Estimated Ongoing Costs: $ 0/3,/(;)00.. 0 0 Iyr For: ~
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT COSTS
o Current Year Portion: $
Account Codes:
CONTRACf REVIEW
Changes
Date In Needed Reviewer
Yes No,' .
Division Director S i3o, CD ( ) (vr " .-
)
O.M. .!Purc . g 5',o3~ ( ) (v{ /~~
~ County AttorneyS- 'WE?. (
~ Comments:. \
Date Out
~
S::..lo , O(J
~~3' 00
s-od!p<)
U::'.!B ('b;f\
c:I-
OMB Fonn Revised 8I3OI9S MCP n
FIN No: 25056515201
W.P.I. No: 6116920
FLORIDA DEPARTMENT OF TRANSPORTATION
BICYCLE PATH AND HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT
WITH
MONROE COUNTY
This AGREEMENT, entered into this day of , 1999, by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the State of
Florida, hereinafter called the DEPARTMENT and MONROE COUNTY a political subdivision of the
State of Florida, existing under the laws of the State of Florida, hereinafter called the COUNTY.
WITNESSETH
WHEREAS, as a part of the federal enhancement program, the DEPARTMENT at the request of
the COUNTY has planted landscape along the proposed bike path within the State right of way for the
safety of bicyclists and pedestrians on that part of the State Highway System described by Attachment
"N', within the corporate limits of the COUNTY; and
WHEREAS, the COUNTY hereto is of the opinion that said right of way adjacent to the bicycle
path shall be landscaped with various flora; and
WHEREAS, the parties hereto mutually recognize the need for entering into an agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this agreement pursuant to section 334.044
(21) (23), Florida Statutes (1997)
WHEREAS, the COUNTY, at its sole expense, herein agrees to perpetually assume the
maintenance responsibilities for the bicycle path and associated landscape within the project limits
described in Exhibit" A", and in exchange, the DEPARTMENT will, at its sole expense, construct the
bicycle path and new landscape; and
WHEREAS, the COUNTY by Resolution No. dated. attached
hereto as Attachment liB", which by reference hereto shall become a part hereof, desires to enter into this
Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the
parties covenant and agree as follows:
1. The COUNTY shall be responsible at no cost to the Department for the maintenance of
the bicycle path and all landscaping except the turfed/sodded areas within the limits
described by Attachment uN', or subsequent amended limits mutually agreed to in writing
by both parties. The COUNTY shall be responsible for the maintenance activities
described below:
1a. Vegetation will be maintained so as to prevent a visual or other safety
1
FINNo: 25056515201
w.P. 1. No: 6116920
hazard for those using or intending to use the right of way and the bicycle
path.
lb. To remove and dispose of dead, diseased or otherwise deteriorated
plants. Plants are defined in this agreement to be trees and ground
cover, except turfed/sodded areas.
Ie. To keep plants as free as possible from disease and harmful insects.
ld. To remove and dispose of all trimmings, roots, branches, ete.., resulting
from the activities described by (la) through (Ie) inclusively as described
above.
Ie. To keep the bicycle path free from the accumulation of dirt and debris by
periodic sweeping.
The maintenance activities described above to be preformed by the COUNTY, shall be
subject to periodic inspections by the DEPARTMENT. Such inspection findings will be
shared with the COUNTY and shall be the basis of all the decisions regarding
modification, or termination of Agreement.
2. The COUNTY shall not be responsible for the clean-up, removal and disposal of debris or
replacement of any part of this project within the Department's right-of .way following a
natural disaster (i.e. hurricane, tornados, ete.).
3. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENTS DISTRICT MAINTENANCE ENGINEER that the
COUNTY'S responsibility as established herein is not being properly accomplished
pursuant to the terms of this Agreement, said DEPARTMENTS DISTRICT
MAINTENANCE ENGINEER may at his option issue a written notice in care of the
DIRECTOR OF PUBLIC WORKS, MONROE COUNTY, 5100 College Road, Public
Service Bldg., S.I., Key West, Florida 33040 to place said COUNTY on notice thereof.
Therefore, the COUNTY shall have a period ofthirty (30) calendar days within which to
respond to cited deficiencies and an additional sixty (60) calendar days to correct the cited
deficiencies if said deficiencies are deemed valid. If said deficiencies are not corrected
within this time period the DEPARTMENT may at its option, proceed as follows:
3a. Maintain the bicycle path and landscaped area(s) declared deficient with
DEPARTMENT and/or independent Contractor' material, equipment and
personnel and charge the reasonable cost of such work to the COUNTY,
OR ~
3b. Terminate this Agreement in accordl:!nce with Paragraph 5 herein and
remove, by Department and/or independent Contractor's personnel the
bicycle path and all of the planted areas, including trees and ground
cover installed under this Agreement and charge the COUNTY for the
reasonable cost of such removal.
2
FIN No: 25056515201
w.P. 1. No: 6116920
4. It is understood between the parties hereto that the path and landscaping oovered by this
Agreement may be removed, relocated or adjusted at any time in the future as found
necessary by the DEPARTMENT in order that the adjacent state road be widened,
altered or otherwise changed and maintained to meet with future criteria or planning of
the DEPARTMENT. The DEPARTMENT shall notify the COUNTY as soon as it is
known that the landscaping will be removed, relocated or adjusted.
5. This Agreement is subject to termination under any of the following conditions:
5a. If the COUNTY fails to oomply with Paragraph 3 of this Agreement.
5b. If the COUNTY refuses to allow public access to any or all documents,
papers, letters, or other materials made or received by the COUNTY
pertinent to this Agreement which are subject to provisions of Chapter
119 of the Florida Statutes.
5c. As mutually agreed to by both parties with a sixty (60) calendar day
written notice.
5d. By both parties, thirty (30) calendar days following oomplete execution
by both parties of an Agreement to terminate this Agreement.
6. The terms ofthis Agreement oommence upon execution by both parties and oontinue until
termination as set forth in Paragraph 5.
7. This writing embodies the entire Agreement and understanding between the parties
hereto and there are not other agreements and understanding, oral or written, reference
to the subject matter hereof that are not merged herein and superseded hereby.
8. This Agreement is nontransferable and nonassignable in whole or in part without prior
oonseJlt of the DEPARTMENT.
9. This Agreement, regardless of where executed shall be governed by, is constructed
acoording to the laws of the State of Florida.
10. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135
(6) (a), Florida Statutes (1997), which provides 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 amount budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation ofthis 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 funqs. Nothing herein contained shall prevent
the marking of a contract for periods exceeding one year, but any oontract 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 oontracts
of the Department which are of an amount in excess of $25,000 and which have a term for
a period of more than one year.
3
FINNo: 25056515201
w.P. I. No: 6116920
11. All notices, requests, demands, consents, approvals and other communication which are
required to be served or given hereunder shall be in writing and shall be sent by
registered mail or certified U.S. mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows:
To Department:
Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6207
Miami, Florida 33172-5800
Attention: Director of Operations
To County:
Monroe County
5100 College Road
Public Service Building, S.I.
Key West, Florida 33040
Attention: Director of Public Works
Either party may, be notice given as aforesaid, change its address for all subsequent notices. Notices
given in compliance with this section shall be deemed given unless placed in the mail.
4
FINNo: 25056515201
WP. I. No: 6116920
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day
and year first above written.
MONROE COUNTY:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
County Mayor/Commissioner
By:
District Secretary
A'ITEST:
ATrEST:
County Clerk
(Sea])
Executive Secretary
APPROVED AS TO LEGAL FROM:
~
County Atto ey Office
By:
Office of the General Counsel
5
FIN No: 25056515201
w.P. I. No: 6116920
ATTACHMENT "N'
THE INFORMATION NOTED BEWW DESCRIBES THE DEPARTMENTS BICYCLE PATH
LANDSCAPE CONSTURCTION PROJECT. IN EXCHANGE FOR THE COST OF CONSTRUCTING
AND INSTALLING THE PATH AND LANDSCAPE, MONROE COUNTY SHALL ASSUME SOLE
RESPONSIBIUTY FOR MAINTAINING THE IMPROVEMENTS UPON PROJECT COMPLETION.
State Road No:
Financial Project No:
W.P.I. No:
Project Limits:
5 (US 1)
25056515201
6116920
Big Coppitt Key from: M.M. (II) Jade Drive to M.M. (15) Bay Point. At a
width of 2.45 meters on the northeasterly side of SR 5/US 1. The County
is responsible for the path and landscape improvements constructed
under this project only. The Department retains all other responsibility
for the state right-of -way.
6
Public Works Department
RESOLUTION NO.
-2000
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF
OF MONROE COUNTY AN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF THE
BIKE PATH AND ADJACENT LANDSCAPING FROM BIG COPPITT TO BAY
POINT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The ~oard of County Commissioners determines that it is in the County's best
interest to enter into an agreement with the Florida Department of Transportation whereby the
County will maintain the DOT constructed and landscaped bike path from Big Coppitt to Bay
Point.
Section 2. The Mayor is authorized to execute on behalf of Monroe County the
County/FDOT maintenance agreement to which this resolution is attached as Exhibit B.
PASSED; AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of June, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
....
Deputy Clerk
jdresdotbike
Mayor/Chairperson
EXHIBIT B
MEMORANDUM
To: Dave Koppel
County Engineer
Date: April 6, 2000
From: Joe Medallion, Director
Roads & Bridges Depa
Ref: Estimated Maintenance Costs
In an attempt to estimate the maintenance costs of the future Big Coppitt bike
path I have investigated the actual costs of maintaining the existing path on Big
Coppitt. In the first couple of years maintenance was minimal and limited to
sweeping and shoulder work with costs approximating $6,500.00 per year. We
are now approaching the end of the fourth year of maintenance and costs have
increased considerably. In addition to the sweeping and shoulder work costs, we
have spent $3,500.00 replacing delineators and I estimate an additional
$2,000.00 in costs to complete this work. In addition, I estimate approximately
$5,000.00 in costs to replace missing plantings this year. Our total costs will
approach $17,000.00 this year. Over the four years our costs will average
approximately $9,000.00 per year. As time progresses, the yearly average cost
will increase due to striping and resurfacing requirements.
,
The proposed path from mile marker 11 through 15 is more than four times
longer than the existing path. Based on this it is apparent that costs for
maintenance during the first couple of years would be approximately $28,000.00
per year with costs possibly increasing to as much as $40,000.00 at some point
beyond four years.
If I can be of further assistance, please do not hesitate to call.
Cc: Dent Pierce
rn)[[ (r)r?rnnp rn1
~. i
~~-::7J1~~:O