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12/20/2001 Agreement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFACE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 17, 2002 TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner Executive Assistant FROM: Pamela G. Ha~ Deputy Clerk(,J At the December 20, 2001, Board of County Commissioner's meeting the Board granted approval the following: Resolution No. 504-2001 approving exemption from the Non-Residential Permit Allocation System pursuant to Policy 10 1. 3.4 of the Monroe County Year 2010 Comprehensive Plan for the Mote Marine Laboratory, Inc. for changing the use of the second floor of a building from a commercial apartment to a marine laboratory. The property is located off US. Hwy. 1 Lot 17 Block 2 Summerland Key Cove Addition No.2, Summerland Key, Monroe County, Florida. The land use designation is suburban commercial and the real estate number is 00190900.000000. Enclosed is a certified copy of the subject Resolution. County Incentive Grant Program Agreement, Financial Project No. 410504-1-54-02, between Monroe County and the Florida Department of Transportation for the Florida Keys Overseas Heritage Trail Safety Project in the amount of $1,055,950.00 and adopted Resolution No. 505-2001 for same. Enclosed are five duplicate originals of the Agreement, executed on behalf of Monroe County, as well as five certified copies of the subject Resolution. Please be sure that the fully executed "Monroe County Clerk's Office Original" is returned to our office as soon as possible. Resolution No. 506-2001 deferring the date for the first annual allocation award of non-residential floor area until February 1, 2002. Enclosed is a certified copy of the subject Resolution. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator wlo documents County Attorney Finance File Monroe County Clerk's Office Original Form 525-010-41 OGC - POLICY PLANNING Page 1 of9 Catalog of State Domestic Assistance No. Financial Project No.:_ 41050415402_ COUNIY: MonroeCountv STATE OF FLORIDA DEPAR1MENT 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 Projectl.,hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and ./1 WHEREAS, the COUNTY by Resolution No. '$'05. ZOOI dated the 2b.tt:... day of ~, Loa J, 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: multiple safety improvements (see pa2e 7 in Exhibit A) _, as further described in Exhibit II A, II attached hereto and made a part here of. Fonn 525-010-4\ 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 lB 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 D EP AR TMENT 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 1, 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 desi2ll 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 DEPARTMENT'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 DEP ARTMENT. 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 (CEl) 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 project 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 DEPARTMENT shall require a statement from the Comptroller of the D EP AR TMENT 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 serviees 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/subconsultants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants. 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/subcontractors, consultants/subconsultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT 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 aet 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 will 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 Seetion 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 Atln: 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 seek termination or cancellation ofthis 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 DEPARTMENT. 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 525-010-41 OGC - POLICY PLANNING Page 8 of9 D. If the Agreement is terminated 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-MISCELLANEODS 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 D EP AR TMENT 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 paymentto 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 terms 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 terms or conditions contained herein shall be effective unless 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 OGe - 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 2tJ-<< day of ~~'L , 2.<J", , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number ~~. z.. 0 t> I of the Board on the z u.aLday of ~ ,2" '-' I , and the DEPARTMENT has executed this Agreement through ~ District Secretary for District ~ , Florida Department of Transportation, 9lls -, day of .f -b r..."'l Y , loot.. . 1),," . COUNTY, FLOlJ1i. \ BY: 11 CHAIRMAN, BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST~/~'JSEAL) DOT Legal Review: ~ ~ /Jc~~m ~ NAM~ . '\~~ ri rr-:~,-< c:o NAME: ;r7ar,d-/-/"YJ ;17 " c). r- oC). c--., --;;: :;:u - Availability of Funds ApPrp; 1: -=< .. ";-1- ." r- l> B .." r M CJ .." a ;;0 ::0 rrl ('") o ;;u CJ 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) PL630~ - - - --- ****************************************************************** 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. 1 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 responsibilities, 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 1 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) (MM10.720) 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 3 rd Street South 0.259 4.5 Asphalt (Big Pine Kev) (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 Kev) (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 1 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 oacoming traffic. Location of signage 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 1 E A air III II ■■I MIMI Parallel Roadway 'I ■ Path Intersecting Roadway 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 4.111111 Mime 11. Rained A.hsau*wrong i' 10-10 aa/f fief Yr prdd RAI ri{M um affRcal.r4 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 FHWA. 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 recommended 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 ofthe 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 41 ,.; , __ l:it toL 4 i :jor, .,,a,. !. ) 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 Design /Year 7/1/02 $ 175,991.52 Construction: 1/1/03 $ 765,180.50 CEI / Year 1/1/03 ' $ 114,777.08 Total ._.�.$ 1,055,949.09 6 • (6) Cost Estimate Current cost estimates for the scheduled project phases are shown in Table 3, below. Table 3. Safety Improvements Cost Estimates STOCK ISLAND BIG COPPITT BIG PINE KEY LARGO TOTALS Mile Marker 4- 5.4 9.8-10.7 29.8 - 31.3 106 - 91 Miles 1.5 1 2 1 " 19. No. of Intersections 4 12 11 9 12. Design /Year 7/1/02 7/1/02 7/1/02 7/1/02 175,991.52 t Construction: 1/1/03 1/1/03 1/1/03 1/1/03 Repaving 43,999.50 29,333.00 58,666.00 410,662.00 542,660.50 Repaving Red Shoulders 7,000.00 $7,000.00 Striping 11,880.00 7,920.00 15,840.00 110,880.00 134,640.00 Signage 1,200.00 3,600.00 4,950.00 28,500.0 38,250.00 Crosswalks N/A 3,000.00 2,750.00 25,000.00 ~ 30,750.00 Sub-Total 57,079.50 43,853.00 89,206.00 575,042.00 765,180.50 CEI / Year 1/1/03 1/1/03 1/1/03 1/1/03 114,777.08 41. 879,957.58 Total 11.6 57,079.50 43,853.00 89,206.00 575,042.00 1,055,949.09 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 1 - 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 hiehwav 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 ofthe 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 l2-foot wide and occasionally l4-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 C U r- y ,- ' . O CO � •O(A 15•-- D«3 `. 1-Qu,m See Figure 8.2.2 N° . s's Ny .5 t, _ \� ,WWW F u u 1 m JJ���j y o.0\i R 0 yam► - Um dG.. • !; OO C • 00NL. J ODD , 1 ' coD 3 �, c „ /-1 N O l Y2CL / - _AiliS T 0 2 Ws_ f O12 Np ,;' _1 LT_ I U YE�� Adds ' >1:2� hZ E— 1 v. - •c a,>0 Z .O° J R S"tea QW��� a r°n�ma tv- U ID o z g ° cO -O Y ON Nc> Ta) ( A C../ 7 w(.0 y`- a y-. iH fd RV].. c 0 c2o-t-1 00M c r . T� .v � 1 i�% y E r�t Y / -i. 000mc } l • L I O m i 'QF. .I ,, o �` ��rp. a � Yr. a, 44 a V i• � 'f rn Lr : a _ G.) C. LL CA r to at '_a u 'L. • y`t0a‘ e.a c) c ea v) m �.� \* *II ``rye �_ �,o `d ♦ 1 I 0.0 L.0 Cl E o H �o d�Gd ♦ . xF Er Eon • NL4 f 16 Um CZ to.� L. v 7— -- ti 0 c E x u w \----- r. i.� 0, • m Y ,a• � cn a ›-a -Q w op om. H oJ O call ...- C4 c13›,g i. 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OZ w m �" a) G N g e Il 0i 0Q Q '7 E A. c4t a • CQ co o % a)SYcv d Qwwrna • L % >, d Y • See Figure 8.2.12 MM 93•101 uj 0 0 18/38/2881 11:84 385-289-2536 PLANNING DEPT r. - ~. , '~, ~ @ m n w m fnI l.nl Oel 2 9 2001 ~ PAGE 82 L.{b4 ~ 2)7 9 MINUTES OFTRE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEME 2001/318 Regular Meeting Board of County Commiuioners '1111mKIay, October 18. :ZOOt Key WC$t. Florida A Regular Meeting of the Monroe County a<Jard of CoUDty Commissioners convened at 9:00 A.M., on the above date in the Harvey Government Center at Historic Tromm School. Present and answering to roll call wac Commissioner Charles "Sonny" McCoy, Commissioner MUlTllY Nelson, Commiuioner Dixie Spehar, Commissioner Nora Williams, md. Mayor George Neugent. Also present were Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; County S~ members of the pross and radio; and the general public. All stood for tb.c Invocation and Pledge of Allegiance. ADDITIONS, CO:RRECTIONS, DELETIONS Motion was made by Commissioner Williams md seconded by Commissione{ 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 Commissioner McCoy granting approval of the following items: Board granted approval and authorized execution of the Certified Local Government Agreement between Monroe County and the State of Florida, Depamnent of State. Division of Historical Resources for the panieipation in the federal historic preservation program. Board granted approval of the Florida Keys Overseas Heritage Trail Safety Project application to the Florida Department of Transportation County Incentive Grant Pmgram.~ and to provide SOOIct IJlI-f:l!h;t'lg funds from Monroe County Transportation Impact Fees. Board granted approval and authorized. execution of the Monroe County EconOmic Analysis $ld Plmmt'lg Services 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 a4ditional technical assistaiiGc in the preparation of Community Master Plans under the Livable CommuniKeys Program. RESOLUTION NO. 505 - 2001 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING APPROVAL OF THE COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION 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 ofthe 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 Keys Overseas Heritage Trail. " '. . '.r ~,_,' ::. ~. -' PASSED AND ADOPTED by the Bolfi~8rt&iuHY ~wWi~ioners of Monroe CoUl~, Flori~ at a regular meeting of said BOWi~:li~t~8~'.~e.~~ ~~:;~fp~cember, A.D., 2001. ~ ~ ~ . ''\, . . :i1' )o~~~'~.',rr c":.n-i~" ~ : . ~ .t ' . ~. tii'=< ~~ Mayor Charles ~'S01p1y" McCoy '. ~ (J ~ r- , '''.~-\'__' ',' _ _ _ Of'"'jo -..J Mayor ProTem DIxie Spehar ' I" ~ ~:;;~::r. --. 0 -0 Commissio!!~r ~aY}i~!~,~n.: ,,: ~ ~~~_ ::c Commissio~~W8e:1:'~~t ~ ~. b=; N Commi,s~ioJ?~rNora WiltHufr's yes ?> rr1 N ., -~ ~.~t..~,," ,"':,.., ....,.~ ""'~"'.. r-0 ..~ (Seal) oard of Commissioners Attest: By: Clerk of Court or BY .." r- fTl C) .." o ;.0 :::0 rrl (") o :::v o