Item B03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2001
Division:
Growth Management
Bulk Item: Yes ~ No
Department: Planning
AGENDA ITEM WORDING:
Approval of an Agreement with the Florida Department of Transportation (FDOT) for County
Incentive Grant Program -Florida Key Overseas Heritage Trail Safety Project for $1,055,950.00.
ITEM BACKGROUND:
Monroe County has entered into a Memorandum of Understanding with the FDOT and the Florida
Department of Environmental Protection (FDEP) to provide matching funds for projects on the
Overseas Heritage Trail funded by the FDOT County Incentive Grant Program, and the FDEP has
agreed to the reconstruction and maintenance of existing segments of the Overseas Heritage Trail.
Signs, pavement markings and pavement improvements proposed for this project will increase the
safety of trail users and reduce potential conflicts with motor vehicles.
PREVIOUS REVELANT BOCC ACTION:
May 18, 2000- Resolution 205-2000 to allow the FDEP to design, build, construct the Overseas
Heritage Trail.
June 21, 2001- Board approval of the Memorandum of Understanding with FDOT and FDEP for the
design, construction and maintenance of the Overseas Heritage Trail.
October 18, 2001-Board approval of the Florida Key Overseas Heritage Trail Safety Project application
to the FDOT County Incentive Grant Program.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$ L055, 950.00
BUDGETED: Yes X
No
COST TO COUNTY: $ 527,975.00
~VENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DOCUMENTATION:
Included X
Risk Management _X_
APPROVED BY: County AttY--1L
DIVISION DIRECTOR APPROVAL:
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # ~ ~~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
,
Contract with: FL Dpt. of Transportation Contract #CIGP FM41050415402
Effective Date: December I, 200 I
Expiration Date: December 31, 2003
Contract Purpose/Description:
Desil.m and Construction of safety imorovements to the Overseas Herital!e Trail
Contract Manager: E. Holloway 2514 Growth Mngmt/stop# II
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on December 21, Agenda Deadline: November 29,2001
2001
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,055,950
Budgeted? Yes~ No 0 Account Codes:
Grant: $ 527,975.00
County Match: $ 527,975.00
Current Year Portion: $ 175,991.52
- - -
----
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: 0
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director 12/01}01 YesD No~
~ -, 0 n '~-'~~ ) A' ,
Risk Management t \ '{~ I .(. 1 Yes N oL:...J \ ') ~, I \:::-'~
O.M.B./Purchasing \, \.;21lu I YesD No~j I~<----c >--_ (' ,;) {LLI ~/
CountyAttomey 1/2-1/1 YesDNoW~
Comments:
Date Out
I :J e11
! [-,)7-(.' i
/ '
;/, .1.'/
OMB Form Revised 2/27/01 MCP #2
RESOLUTION NO.
- 2001
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE
COUNTY, FLORIDA AUTHORIZING APPRO V AL OF THE COUNTY
INCENTIVE GRANT PROGRAM AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORT A TION FOR DESIGN AND CONSTRUCTION
OF SAFETY IMPROVEMENTS FOR THE FLORIDA KEYS OVERSEAS
HERITAGE TRAIL
WHEREAS, the Florida Department of Transportation (the FDOT) has the authority,
under the County Incentive Grant Program, Section 339.2817, Florida Statutes, to provide grants
to counties to improve a transportation facility which is located on the State Highway System or
which relieves traffic congestion on the State Highway System; and
WHEREAS, the FDOT is willing to provide the COUNTY with financial assistance
under Financial Project No. FM 4105041-54-02 for design and construction of safety
improvements to portions of the Overseas Heritage Trail; and
WHEREAS, Monroe County has entered into a Memorandum of Understanding with the
Florida Department of Transportation and the Florida Department of Environmental Protection
(FDEP) where the FDEP has agreed to provide design, permitting, construction and maintenance
of the Florida Keys Overseas Heritage Trail; and
WHEREAS, Monroe County has funding which is part of the Transportation Impact
Fees, which may be used as matching funds for the County Incentive Grant Program; and
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that The County Administrator is hereby authorized to sign the County
Incentive Grant Program Agreement, as attached, designating and setting forth the
responsibilities of each party for the administration of the grant for the design and construction of
safety improvements for the Florida Key" Overseas Heritage Trail.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 20th day of December, A.D., 2001.
Mayor Charles "Sonny" McCoy
Mayor ProTem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
(Seal)
Monroe County Board of Commissioners
Attest:
By:
Clerk of Court
Mayor
Form 525-010-41
OGC - POLICY PLANNING
Page 1 of9
Catalog of State Domestic Assistance No.
Financial Project No.:_ 41050415402_
COUNfY: MonroeCountv
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
COUNTY INCENTIVE GRANT PROGRAM AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and_Monroe_ County,
hereinafter referred to as the "COUNTY".
WITNESSETH
WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes,
to enter into this Agreement; and
WHEREAS, the County Incentive Grant Program has been created by Section 339.2817,
Florida Statutes, to provide grants to counties to improve a transportation facility which is located on
the State Highway System or which relieves traffic congestion on the State Highway System; and
WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of said Section 339.2817, Florida Statutes; and
WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial
assistance under Financial Project No. _410504-1-54-02_ for_ Florida Keys Overseas
Heritage Trail- Safety Project1.hereinafter referred to as the "PROJECT," in accordance with
Section 339.2817, Florida Statutes; and
WHEREAS, the COUNTY by ResolutioJl No. dated the day of
_, _, a copy of which is attached hereto and made a part hereof, has authorized the Chairman
of its Board of Commissioners to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promIses, and
representations contained herein, the parties agree as follows:
I-SERVICES AND PERFORMANCE
A. The COUNTY shall furnish the services with which to construct the PROJECT. Said
PROJECT consists of: multiDle safety imDrovements (see Da2e 7 in Exhibit A) _, as further
described in Exhibit "A," attached hereto and made a part here of.
Form 525-010-41
OGC - POLICY PLANNING
Page 2 of9
B. The COUNTY agrees to undertake the construction of the PROJECT in accordance
with all applicable federal, state and local statutes, rules and regulations, including COUNTY'S
standards and specifications. The COUNTY shall be responsible for obtaining clearances/permits
required for the construction of the PROJECT from the appropriate permitting authorities. Upon
completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT
has been completed in accordance with the COUNTY'S standards and specifications.
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the
status of work being done by the COUNTY and of the details thereof. Coordination shall be
maintained by the COUNTY with representatives of the DEPARTMENT.
D. i) The DEPARTMENT must approve any consultant and/or contractor scope of
services prior to advertising by the COUNTY. All work to be performed under this Agreement is to
be in accordance with the requirements listed in IB hereinabove.
ii) The DEPARTMENT'S approval must be obtained before selecting any
consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has
been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055,
Florida Statutes). Contractor must be prequalified by the DEPARTMENT as required by Section 2
of the Standard Specification for Road and Bridge Construction (2000), as amended.
E. The COUNTY shall not sublet, assign or transfer any work under this Agreement
without prior written consent of the DEPARTMENT.
F. All notices under this Agreement shall be directed to the following addresses:
(For tables below, use mouse or arrows to move to desired line)
TO DEPARTMENT: TO COUNTY:
Office of Planning 2798 Overseas Highway
602 S. Miami Ave Suite 400
Miami, FL 33130 Marathon, FL 33050
2- TERM
A. The COUNTY shall commence the PROJECT activities subsequent to the execution
of this Agreement and shall be performed in accordance with the following schedule:
a) Design to be completed on or before _July I, 2002_.
b) Construction contract to be let on or before _September 1, 2002 _'
c) Construction to be completed on or before _ April 1, 2003 _'
B. This Agreement shall not be renewed. Any extension shall be in writing and executed
by both parties, and shall be subject to the same terms and conditions set forth in this Agreement.
Form 525-010-41
OGC - POLICY PLANNING
Page 3 of9
3-COMPENSATION AND PAYMENT
A. The DEPARTMENT agrees to a maximum participation, In the amount of
50% of construction and deshm costs
($_527,975.00 ). The COUNTY agrees to bear all expenses in excess of the
DEPARTMENT's participation.
The COUNTY'S matching participation is in the form of: (choose one by "){" on line).
_X _ - Funds equal to _Fifty % (spelled out percentage) of the project costs plus
costs exceeding the DEPARTMENT'S maximum participation.
- In-kind services or Right of Way equivalent to % (spelled out
percentage) of the project costs plus the costs exceeding the DEPARTMENT'S
participation as detailed in Exhibit
- Combination of funds and in-kind services or Right of Way equivalent to
% (spelled out percentage) of the project costs plus costs exceeding the
DEP ARTMENT'S participation as detailed in Exhibit
i) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required
by the DEPARTMENT to the Project Manager for approval and processing: (choose one by "x" on line)
X - quarterly, or
- once the PROJECT has been accepted by the COUNTY and approved by the
DEPARTMENT.
ii) Any provisions for an advance payment are provided in an Exhibit to this agreement.
iii) In the event the COUNTY proceeds with the design, construction and construction
engineering inspection services (CEI) of the PROJECT with its own forces, the COUNTY will only
be reimbursed for direct costs (this excludes general and administrative overhead).
iv) All costs charged to the PROJECT shall be supported by properly executed payrolls, time
records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the
charges.
B. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days
after the final acceptance of the project. Invoices submitted after the 180-day time period will not be
paid.
C. The DEPARTMENT shall have the right to retain out of any payment due the
COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the
DEPARTMENT by the:: COUNTY on any other Agreement between the COUNTY and the
DEPARTMENT.
D. Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the Department's Comptroller under Section 334.044 (29) 1999,
Florida Statutes.
E. If this contract involves units of deliverables, then such units must be received and
Form 525-010-41
OGC - POLICY PLANNING
Page 4 of9
accepted in writing by the Contract Manager prior to payments.
F. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
G. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
H. Bills for travel expenses specifically authorized by this Agreement shall be submitted
and paid in accordance with Section 112.061, Florida Statutes.
I. COUNTY providing goods and services to the DEPARTMENT should be aware of
the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect
and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT
has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance.
The 20 days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved. If payment is not available within 40 days, a separate interest
penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and
payable, in addition to the invoice amount, to the COUNTY. Interest penalties ofless than one (1)
dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be
returned to the COUNTY because of COUNTY preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the DEPARTMENT.
J. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for contractors/vendors who may
be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
K. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period of this Agreement
and for three years after final payment is made. Copies of these documents and records shall be
furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY'S
general accounting records and the proj ect records, together with supporting documents and records
of the COUNTY and all subcontractors performing work on the project, and all other records of the
COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of
costs.
L. 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 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 DEP ARTMENT 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
Form 525-010-41
OGC - POLICY PLANNING
Page 5 of9
exceeding one 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. Accordingly, the State of Florida's
performance and obligation to pay under this Contract is contingent upon an annual appropriation by
the Legislature.
M. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of36 months from the date of being placed on the convicted
vendor list.
4-INDEMNITY AND INSURANCE
A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY
hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its
officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature
whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its
officers, agents, employees, contractors/subcontractors, consultants/sub consultants or due to any
negligent act or occurrence of omission or commission of the COUNTY, its officers, agents,
employees, contractors/subcontractors, consultantslsubconsultants. Neither COUNTY nor any of its
officers, agents, employees, contractors/subcontractors, consultants/sub consultants will be liable
under this section for the negligence of the DEPARTMENT or any of its officers, agents or
employees.
ii) The COUNTY agrees to include the following indemnification in all contracts
with contractors/subcvntractors, consultants/subconsultants, who perform work in connection with
this Agreement:
"The contractor/consultant shall indemnify, defend, save and hold harmless the
DEP ARTMENT and all of its officers, agents or employees from all suits, actions, claims,
demands, liability of any nature whatsoever arising out of, because of, or due to any negligent
act or occurrence of omission or commission of the contractor, its officers, agents or
employees. Neither the contractor/consultant, nor any of its officers, agents or employees
wiil be liable under this section for damages arising out of injury or damage to persons or
property directly caused or resulting from the sole negligence of the DEPARTMENT or any
of its officers, agents or employees."
B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the
period of this Agreement a general liability insurance policy or policies with a company or
companies authorized to do business in Florida, affording public liability insurance with combined
bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance
Form 525-010-41
OGC - POLICY PLANNING
Page 6 of9
with this Agreement. In addition to any other forms of insurance or bonds required under the terms
of the agreement, when it includes construction within the limits of a railroad right-of-way, the
COUNTY must provide or cause its contractor to provide insurance coverage in accordance with
Section 7-13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction
(2000), as amended.
C. WORKER'S COMPENSATION. The COUNTY shall also carry and keep in force
Worker's Compensation insurance as required for the State of Florida under the Worker's
Compensation Law.
5-COMPLIANCE WITH LAWS
A. The COUNTY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the D EP AR TMENT.
B. The COUNTY shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex or national origin in the performance of work under this Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other
than those set out in Section 337.274, Florida Statutes.
E. Recipients of state funds are to have audits done annually using the following
criteria.
State awards will be identified using the Catalog of State Financial Assistance (CSF A) title and
number, award number and year, and name of the awarding state agency.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the
recipient must have a state single or program specific audit conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit
conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of
the Auditor General is not required. If a recipient expends less than $300,000 in State awards
during its fiscal year and elects to have an audit conducted in accordance with Section 215.97,
Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit
must be paid from non-State funds.
Reporting Packages and management letters generated from audits conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be
Form 525-010-41
OGC - POLICY PLANNING
Page 7 of9
submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The
afore mentioned items are to be received by the appropriate FDOT office no later than 9 months
after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of
the audit finding is required. Current year audit findings require corrective action and status of
finding.
Project records shall be retained and available for at least 3 years from the date the audit report is
issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to project records and audit
workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida
Statutes, and Chapter 10.600, Rules o/the Auditor General shall be sent to:
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
6-TERMINATION AND DEFAULT
A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time
the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the
right to ~eek termination or cancellation of this Agreement in the event the COUNTY shall be placed
in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to
terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors.
This Contract may be canceled by the COUNTY upon (60) days written notice to the
DEP ARTMENT.
B. If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be
corrected within a specified time, otherwise the Agreement will be terminated at the end of such
time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such
termination, with instructions to the effective date of termination or specify the stage of work at
which the Agreement is to be terminated.
Form 525-0 I 0-41
OGC - POLICY PLANNING
Page 8 of9
D. If the Agreement is tenninated before performance is completed, the COUNTY shall
be paid only for that work satisfactorily performed for which costs can be substantiated. Such
payment, however, may not exceed an amount which is the same percentage of the contract price as
the amount of work satisfactorily completed is a percentage of the total work called for by this
Agreement. All work in progress will become the property of the DEPARTMENT and will be
turned over promptly by the COUNTY.
7-MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than
the COUNTY.
C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY
constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any
default which may then exist, on the part of the COUNTY, and the making of such payment by the
D EP AR TMENT while any such breach or default exists shall in no way impair or prejudice any right
or remedy available to the DEPARTMENT with respect to such breach or default.
D. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the tenns hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
tenns or conditions contained herein shall be effective un~.::ss contained in a written document
executed with the same formality and of equal dignity herewith.
E. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction or by any other legally constituted body having the jurisdiction to
make such determination, the remainder of this Agreement shall remain in full force and effect
provided that the part of this Agreement thus invalidated or declared unenforceable is not material to
the intended operation of this Agreement.
F. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in
Leon County, Florida.
G. This Agreement shall be effective upon execution by both parties and shall continue
in effect and be binding on the parties until the PROJECT is completed and accepted and payment
Form 525-010-41
OGC - POLICY PLANNING
Page 9 of9
made by the DEPARTMENT.
H. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this
_ day of , by the Chairman of the Board of Commissioners, authorized to
enter into and execute same by Resolution Number of the Board on the day of
, and the DEPARTMENT has executed this Agreement through its District
Secretary for District , Florida Department of Transportation, this day of
'1t111:.:,:.llll;,tl.t.t::.:r:u:U"l;':h.':':..'':':I~':':::I.(U:':':;.:H:rr:::fl1/1,lllIHH,UU1HI:lfn:'::'::,::::U./U::,lt,"H':':llll.',tlH'!lllU::.l.'H'!H!U':':I:':UI:':':UtYI;':IIH'::':::'.Il:',:":'::.:.:.:;tU1tlYU;.:::tIHttl.llllll.l.llNYHHI,t,t!HlU':':,lY;-'!IHU::.:y:t;t':::U:::U:'"HIHH.I.llH,t.:,:.:....:r:;.t'INllUII'.t/u.t.Ulll.l.l.l.l.lI.Il.l,
COUNTY, FLORIDA
ATTEST:
CLERK
(SEAL)
BY:
CHAIRMAN, BOARD OF
COUNTY COMMISSIONERS
ATTEST:
(SEAL)
DOT Legal Review:
NAM~J2-SlQ
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NAME:
Availability of Funds Approval:
(Date)
BY:
DISTRICT DIRECTOR OF
PLANNING AND PUBLIC
TRANSPORTATION
DISTRICT
Agreement Date:
Encumbrance
Administrator
Sent by: Elizabeth
Wellington
To: Ken Jeffries/D6/FDOT@FDOT
cc:
Subject: Re: ENCUMBA - Florida Keys Overseas Heritage Trail Safety Project[]
11/09/01 07:06 AM
Ken Jeffries
Ken Jeffries
11/08/01 08:16 AM
To: Encumbrance Administrator/CO/FDOT@FDOT
cc:
Subject: ENCUMBA - Florida Keys Overseas Heritage Trail Safety Project
STATE OF FLORIDA
ENCUMBRANCE
RUSH
Reason for RUSH :
Advertise
Award
x New
DEPARTMENT OF TRANSPORTATION FORM 350-020-01
INPUT FORM COMPTROLLER-FIN ADMIN 3/99
(Needed by __/__/____ (date))
(Letting Date)
Supplemental
Court Order
Termination/Cert of Comp
Renewal Correction
Overrun
LOA
Addition
Contract # AL146 Contract Type AH Method of Procurement G
Vendor Name Monroe County Vendor ID 596-000-749-054
Has Written/Verbal Approval~rom a ParticIpating Federal Agency
been received Yes No __n/a_
Fed Agmt Amt State Funds_$527,975.00__ Local Funds_$527,975.00
Beginning date of this Agmt: _3_/_1_/_02_(Must be after fund approval)
Ending date of this Agmt: _4_/_1_/_03_(Estimate if necessary)
Execution date of this Agmt: _2_/_15_/_02_(Only on original agreements)
Has work been authorized to begin? ___ Yes _x__ No
Have standard financial provisions been altered by contract terms?
Yes x No If so, show Revision date:
Does thIs-agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes x No
******************************************************************
Brief Description of Work/Comments:
Safety Project for the Florida Keys Overseas Heritage Trail
55008;C
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT
(FISCAL YEAR)
+FIN PROJ or JOB # *FCT
(FUND) alpha
------------------------------------------------------------------
------------------------------------------------------------------
55 062010630 *TP * 750008 * $ 527,975.00
(02/03)
* 410504-1-54-02 *215
(D)
55 xxxxxxxxx * xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
* xxx
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
* xxx
TOTAL AMOUNT * $ 527,975.00
*
Originator:_Kenneth Jeffries____ DATE SENT:_11/6/2001_ PH/SC:_452-5683___
E-mail USERID(s) PL630KJ
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 55100100 CATEGORY 088572-02
WORK PROGRAM VERIFICATION OK
ALLOTMENT YEAR DATE CHECKED
CI _____NEW/04 6S LINE 0001
FUNDS APPROVED BY C B SMITH
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 11/09/2001_
******************************************************************
Kenneth Jeffries
Office of Planning
FOOT, District 6
305.377.5683
305,377,5684 (fax)
EXHIBIT A
Exhibit A
LETTER OF APPLICATION
FLORIDA DEPARTMENT OF TRANSPORTATION
COUNTY INCENTIVE GRANT PROGRAM
FLORIDA KEYS OVERSEAS HERITAGE TRAIL SAFETY IMPROVEMENTS
(1) Applicant Monroe County, Florida
Board of County Commissioners
5100 College Road, Public Service Bldg. II
Stock Island, Key West, FL 33040
(2) Proiect Description
The Florida Keys Overseas Heritage Trail (FKOHT) is intended to provide safe non-motorized
transportation to schools and businesses, enhance community recreation opportunities, stimulate
sustainable economic development and enable residents and visitors to enjoy the magnificent
natural and cultural resources along US Highway 1 in Monroe County. The trail will incorporate
cultural features such as Flagler's Historic Bridges and significant environmental elements unique
to the Florida Keys. The trail will act as an economic stimulus for adjacent businesses and provide
safe, convenient recreation and alternative transportation for children and families.
The FKOHT will establish an interconnected linear trail for shared recreational uses and alternative
transportation uses. It will incorporate new construction and reconstructed local pathways within
the state road right of way, and over both the state road and historic bridges, in a continuous trail
from MM 0 (Key West) to MM 106.5 (Key Largo).
The trail will reduce traffic congestion on the state highway by reducing the numbers of local
vehicle trips and by eliminating many of the traffic-slowing effects of vehicle, bicycle and
pedestrian interactions. Trail safety is a main priority in the design and implementation of the
FKOHT. One of the FKOHT project goals is to establish a safe, two-way, non-motorized trail with
safe travel clearances for all trail users. Limit vehicular traffic interaction with trail traffic, but
when interaction must occur, provide warning to both drivers and trail users at all intersections,
maximize separation from U.S. 1 local streets and congested parking areas by using traffic barriers,
signage, striping and crosswalks. These improvements along the length of U.S. I will greatly
increase safety for pedestrians, cyclists and drivers.
The Florida Department of Environmental Protection, Division of Recreation and Parks (DRP) will
enter into a Maintenance Agreement with the Florida Department of Transportation (FDOT) to
maintain existing sections of the trail. As part of these responsibilitip.s, the DRP is seeking
assistance through Monroe County to upgrade the existing trail sections in order to provide safe
passage at road crossings and business frontage. In addition, the DRP is seeking to repair existing
sections of pavement where the current path is degraded to the point where it is dangerous to trail
users.
1
Table I
Below is a list of the existing bicycle trails the DRP shall be responsible for maintaining. The list
contains the state road, the limits and length of areas to be maintained. Marathon, the Village of
Islands, Islamorada and Key West will coordinate improvements with the City Visioning process
and therefore, the present proposal does not address these incorporated areas.
County State Road From: To: Side of Length Width surface
Section (Local Name) Road (Mile) (Feet) Material
90010 5 AlA Mile Post 0 South 0.700 8.0 Asphalt
(Key West) (MM 3.840) (MM 4.531) Bound
90020 5 Four (4) Star Key Haven South 0.737 8.0 Asphalt
(Stock Island) Rental Road (MM Bound
(MM 4.531) 5.268)
90020 5 Coppit Road Jade Road South 0.900 10.0 Asphalt
(Big Coppit) (MM 9.830) (MMI0.720) Bound
90020 5 Ships Way Cunningham South 1. 061 8.0 Asphalt
(Big Pine Key) (MM 29.890) Lane (MM Bound
30.950)
90020 5 Cunningham Industrial Road South 0.130 4.5 Asphalt
(Big Pine Key) Lane (MM (MM 31.080) Bound
30.950
90030 5 Industrial Road 3Td Street South 0.259 4.5 Asphalt
(Big Pine Key) (MM 31.080) (MM 31.340) Bound
90030 5 Parking Lot (MM 47.000) Added at the request ofDEP on
(Knights Key) (MM 47.000) 4/3012001
90030 5 7 Mile Parking Mile Marker 48 South 0.924 7.0 Asphalt
(Marathon Key) Lot (MM Bound
47.030)
90040 5 Mile Marker 48 End of Median South 6.474 8.0 Asphalt
~Marathon Key) (MM 54.430) Bound
90050 5 Long Key South Layton North 2.810 6.0& Asphalt
(Long Key) Bridge (MM Drive (MM Bound 9.0
65.570) 68.380)
90060 5 Dickie Way Road North 4.390 6.0& Asphalt
(Key Largo) (MM 92.190) Crosswalk Bound 8.5
(MM 96.580)
90060 5 Road Crosswalk Atlantic Blvd. South 2.950 6.0 Asphalt
(Key Largo) (MM 96.580) (MM 99.53) Bound
90060 5 Atlantic Garden Cove North 6.830 8.0 Asphalt
(Key Largo) Boulevard (MM Dr. (MM Bound
99.53) 106.360)
2
(3) Work Proeram Number
Pending
(4) Certification from County
Monroe County approval to use County Impact Fees as 50% match.
County Impact Fee Match: $527,974.55
See Attachment B for Monroe County certification.
(5) Details of Proiect
A preliminary survey was conducted to review conditions of existing intersections that pose
potential hazards to the safety of future trail users. The scope of this survey was to identify the
major safety concerns and what can be accomplished quickly to satisfy and improve relationships
with the community, enhance the trail experience on existing sections and improve safety, thereby
reducing potential crashes on the trail.
A more detailed survey addressing individual design criteria for every intersection to be upgraded
will be conducted, along with public and regulatory participation to identify signage placement,
striping and repaving priorities. Proposed are five recommendations based on preliminary
observations that will help establish our commitment to safety on the FKOHT.
a. Sign age
Signage instructing trail users and vehicles of an impending traffic conflict. Figure I from
the AASHTO Manual, American Association of State Highway and Transportation
Officials, Guide for the Development of Bicycle Facilities contains an example of conflicts
found at a typical intersection on U.S.l. Initially, we intend to review existing sign location
and line of site from each intersection. The cost estimate includes two signs at each
intersection warning vehicles of trail traffic. A third sign will be placed along the trail
reminding trail users to yield to (l~lcoming traffic. Location of si~nage will be reviewed and
compared with existing signage as to discourage over signage at an intersection. Great
effort will be taken to combine signs or not add signs where they would create confusion.
All signage will adhere to the (MUTCD), Manual of Uniform Traffic Control Devices. A
proposed warning sign depicted as Figure 2 is being considered by the MUTCD for use on
roadways that parallel trails. This sign is presented in the FDOT Trail Intersection Design
Guidelines available from the FDOT web site.
3
Figure I
Figure 22. Example of Adjacent Path Intersection
According to the AASHTO manual, the above represent common conflicts found along parallel
paths at intersections. It is these common conflicts that we hope to address.
Figure 2
v
......11. ...... Adw_ "..... 51p
'11'10-2 ..../lel b..-kl pIdl riIN ....
1fJlIk-"
The above trail sign is recommended as an advance warning sign for a parallel trail. This sign is
still under review and can be applied for and used with permission from the FHW A.
4
b. Crosswalks
The project will provide crosswalks at each street intersection along the trail where feasible
and necessary. It is proposed to replace poorly visible crosswalks and add new ones where
there are none. For this proposal a one foot wide stripe ten to 12 feet long will be placed 12
- 24 inches apart. The length of the line will accommodate the future widening of the trail.
Striping may not be necessary at some intersections due to the lack of traffic. In this case a
simple crosswalk without striping may suffice. An evaluation of stop bars will also be
conducted. A study conducted for the FDOT on making crosswalks safer for pedestrians
recommends advance stop lines (ASL's) in front of crosswalks. The document published in
July, 2000, "Making Crosswalks Safer for Pedestrians", by the Center for Urban
Transportation Research can be found on the FDOT web site. A closer review of each
crossing will determine the need and feasibility for an ASL. Another critical component to a
safe crossing is signalization. The location of pedestrian crossing signals will be
recommended at high volume traffic locations along the trail.
c. Pavement Markings
The project will provide striping along both sides of the trail along business frontage where
parking facilities and business entrances conflict with trail traffic. The FKOHT Master plan
recommends defining the trail along business frontage for trail user safety. Presently the
trail is undefined in many locations or used as a parking space. We recommend paving and
striping both sides of the trail along business frontage and adding signage in the form of a
painted template warning vehicles not to park on the trail. Recommendations for barricades
or other forms of landscape barriers and curb islands will be proposed. Colored striping
may be an option in very congested areas.
d. Paving
The project will pave existing trail sections that have degraded and pose a safety concern
and where permitable, widen to accommodate multi-use trail traffic. Sections of the trail
show signs of wear and disruption. It is recommep~ed that these sections be re-paved to
enhance usage of the trail. It is also recommended that repaving the path along congested
sections would greatly enhance visibility of the trail.
e. Road Shoulders
It is proposed that the road shoulder used as a bike path in Big Pine between Avenue A and
3rd Avenue be painted red to enhance visibility. This proposal should be presented to the
community for review. A study conducted in Lake County Florida for the FDOT entitled
"Evaluation of Red Shoulders as a Bicycle and Pedestrian Facility" was prepared for FDOT
in July 1998. The photographs below show the shoulders as they currently exist in Big Pine,
and what the proposed red shoulders appear as in the above referenced study.
5
Existing Road Shoulders in Big Pine
Lake County Red Road Shoulders
Future Design Improvements
It is proposed that these safety upgrades be part of a continuing renewed effort to improve trail
safety by using the most up-to-date design recommendations available. Future design
improvements should include landscape barriers, or other attractive barriers, to protect trail users,
trail and curb islands, defined wide ingress and egress aprons, revised parking and line of site where
possible on business frontage, pedestrian signalization, lighting and educational materials
incorporated into FKOHT trail literature.
f. Phases
The requested matching funds will be applied to the project phases scheduled for development in
2002 and 2003. These projects will be designed and constructed as one project. Table 2 contains
the estimates for each phase.
Table 2. Estimated Project Costs 2001 Throu h 2003
r:;~~: :,~-:::t"~~~.~~::~,
Design I Year 7/1/02~
;'
1/1/03g $
t - .,~~ ,:;. "
1/1/03V .$ 11'4,t~GI.!08~ ~i
1t'~t;:~""~~7'n~'.<.. .,.,'.", ,'," ...' ,'\"c!~Y;"')<"<'{'.,0S
.if_!~c:;.,."g,,1;}'''''~~~li'''~<'$i1!~9t.~
Construction:
CEI I Year
Total
6
(6) Cost Estimate
Current cost estimates for the scheduled project phases are shown in Table 3, below.
Table 3.
Safety Improvements Cost Estimates
Mile Marker
Miles
STOCK ISLAND BIG COP PITT
4- 5.4 9.8-10.7
1.5
BIG PINE
29.8 - 31.3
KEY LARGO
106 - 91
2
No. of Intersections
4
7/1/02
12
7/1/02
11
7/1/02
Design / Year
Construction: 1/1/03 1/1/03 1/1/03
Repaving 43,999.5 29,333.0
Repaving Red
Shoulders
Striping 11 ,880.00 7,920.00 15,840.00
Signage 1,200.00 3,600.00 4,950.00
Crosswalks N/A 3,000.00 2,750.00
Sub-Total 57,079.50 43,853.00 89,206.00
CEI I Year 1/1/03 1/1/03 1/1/03
Total
Striping quoted at $ 7,920.00 per mile.
Red Shoulders $ 7,000.00 per mile.
Signage: $ 150.00 per sign
Crosswalks $ 250.00 each
Repaving: $ 29,333.00 per mile
Note:
Estimates based on quotes by Monroe County
Stock Island intersections have pedestrian crossing lights, signage not required.
Layton bike path is marked and crossings at intersections and are marked.
7
(7) Proiect consistent with FDOT plan and MPO.
Obectives of the 2010 Florida Department of Transportation Long Range Transportation
Plan that will be met by this project include:
Goal I - Safe transportation for residents, visitors and commerce.
* Reduce the rate of motor vehicle crashes, fatalities and injuries and bicycle and pedestrian
fatalities and injuries on highways. Traffic signals, signs and pavement markings must be effective.
Special safety considerations are needed for the physically challenged (handicapped) and elderly
and for bicyclists and pedestrians.
*Improve intermodal safety where modes intersect, such as highway or railroad bridges over
waterways and highway-railroad crossings.
Goal 4- Travel choices to ensure mobility, sustain the quality of the environment, preserve
community values and reduce energy consumption.
* Reduce dependency on the single occupant vehicle.
*Provide accommodation for transit vehicles, bicyclists and pedestrians wherever appropriate
The design and construction of the Florida Keys Overseas Heritage Trail along the US 1
corridor is consistent with the Monroe County 2010 Comprehensive Plan. Goal 301 of the Monroe
County Comprehensive Plan- Traffic Circulation Element has been established "to provide a safe,
convenient, efficient, and environmentally compatible motorized and non-motorized transportation
system for the movement of people and goods in Monroe County." Goal 1201 directs Monroe
County to "provide a recreation and open space system to conserve valuable natural resources and
to provide recreational opportunities adequate to serve the present and future population of Monroe
County, including permanent residents and visitors."
(8) Proiect is located on state hi2hwav system.
The project is located on the state designated scenic highway system.
(9) Relevant Information
a) The Florida State Greenways and Trails Division are well documented for creating and
enhancing economic benefits where they are placed. The FKOHT, when developed in Monroe
County, will provide over 100 miles of connections between cities, towns, residential areas,
parks, shopping areas, lodgings and tourist destinations. Because of its unique characteristics:
the year-round sunny, warm climate and the tropical scenic beauty, it is expected that the
FKOHT will become a world renowned trail. This will serve to attract trail enthusiasts from a
far greater area than is typical and will encourage a significant volume of use by both resident
8
and tourist populations. Local hotels, restaurants and other businesses will benefit from this
sustainable form of tourist activity through increased spending on both durable and consumable.
Property owners also will benefit, since trails generally increase the value of properties adjacent
to their corridor, particularly where they pass through residential neighborhoods.
b) The FDEP DRP of Recreation and Parks now manages six state trails as part of the Florida state
park system. None of these trails has the urban setting, destination characteristics or economic
impact potential that the FKOHT will have. The DRP estimates that, in the last year, the
combined 145.5 miles of state trails in the park system contributed approximately $13.3 million
to the local economies in which they are located. It is expected that the annual economic
benefits of the FKOHT will be significantly higher than this amount.
c) The FKOHT is a long-term project. Matching funds from the County Incentive Grant Program
will accelerate the completion of the project and will bring the first phases of construction into
compliance with the County's master plan at a much early date than will be possible if funding
is to be secured through other funding processes.
d) Environmental sensitivity is one of the primary guiding principles of the FKOHT master plan.
Design criteria are included that will assure careful planning and design processes to protect
adjacent sensitive natural resources such as mangroves, seagrasses and intact tropical
hammocks. Cultural resource protection and enhancement is one of the greatest benefits of the
proposed trail. The bridges constructed for Henry Flagler's railroad in the early 1900's will be
stabilized and adapted to use for the trail to the extent feasible, and maintained as parts of the
Florida state park system for future generations. Three of the bridges are on the National
Register of Historic Structures, and listing of additional bridges may be accomplished in the
future.
e) Traffic volumes on US 1 in Monroe County have increased steadily over the last ten years, with
an associated decline in the Level of Service on sections in more populated areas of the county.
The seasonal influx of travelers combined with a large resident population with no viable
alternatives to automobiles for day-to-day errands result in periods of time when movement
along the corridor becomes highly frustrating and unsafe. The FKOHT is proposed to be a
minimum 10-foot wide, average 12-foot wide and occasionally 14-foot paved bikeway from
Key Largo to Key West. This provision of a safe, non-motorized alternative for residents and
visitors traveling along the corridor will significantly benefit the FDOT goals to encourage
intermodal transportation systems, and will result in greatly improved public safety on the state
highway.
Attachments
Attachment A:
Attachment B:
Project Location Map
Certification from the County Fiscal Officer
Certification from the County Planning Director.
9
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16/36/2661 11:64
365-289-2536
PLANNING DEPT
frD) ~ III ~ B W ~ ~.
lJ1} OCT 2 9 2001 W
PAGE 62
'1'4 ~ 2~7 g
MINUTES
OFTRE MONROE COUNTY
BOARD 011' COUNTY COMMISSIONERS GROWTH MANAGEM
20011318
Regular Meeting
Board of County Commissioners
Th\ll'Sday, October 18,2001
Key W cst. Florida
A Regular Meeting of the MOD,J.1)e County Board of County Commissioners convened at
9:00 A.M., on the above date in the Harvey Government Center at Hi&toric Truman School.
Present and answering to roll call WC'rC Commissioner Charles "Sonn~ McCoy, Commissioner
MUITaY Nelson, Commiuioner Dixie Spehar, Commissioner Nom Wi11i~s, and Mayor George
Neugent. Also present were Isabel C. DeSantis, Deputy Clerk; James Rohcrl8, County
Administrator; James Hendrick, County Attorney; County Staff: members of the pres8 and radio;
and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, COItRECTIONS, DELETIONS
Motion was made by Commissioner Williams and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimOUSly.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Connnissioncr McCoy
granting approval of the following items:
Board granted. approval and authorized execution of the Certified Local Government
Agreement between Momoe County and the State of Florida, Depaxtment of State, Division of
Historical Resources for the participation in the federal historic preservation program.
Board granted approval of the Florida Keys Overseas Heritage Trail SafetyProjeet
application to the Florida Department of Transportation County Incentive Grant Programs and to
provide 500.10 matching funds from Monroe County Transportation Impact Fees.
Bciard granted approval and authorized execution of the Monroe County Economic
Ana1ysis and Plllllrring Senrices Agreement for Professional Services between Monroe County
and the Chesapeake Group. Inc. to analyze non-residential market demand and land use, and
linkages to affordable housing demand and provide an additional technical assistance in the
preparation of Community Master Plans under the Livable CommuniKcys Program.