10/19/2005 Contract No. AO620ffleltdne
Circuit Court Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
To: Dave Koppel, County Engineer
Construction Management
Attn: Jo Walters
From: Isabel C. DeSantis, Deputy Clerk
.;/-P
Date: Friday, November 04, 2005
At the BOCC meeting on October 19, 2005, the Board approved the following:
Rescinding of Agreement as approved on July 20, 2005, and authorized execution
of a revised Joint Participation Agreement (JPA) between Monroe County and the Florida
Department of Transportation to complete stormwater management improvements at
various locations along the US Highway 1 corridor, subject to approval of County
Attorney and FDOT.
Enclosed please find four (4) duplicate originals of the above document executed
by Monroe County for your handling. Please be sure that the sets marked Monroe
County Clerk's Office Original and Monroe County Finance Department's Original
are returned to this office as quickly as possible. Should you have any questions, please
do not hesitate to contact this office Should you have any questions concerning this
matter, please do not hesitate to contact this office.
Copies: Finance
County Attorney
File -�
Contract No.: AO (p oZ o
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
JOINT PARTICIPATION AGREEMENT
THIS JOINT PARTICIPATION AGREEMENT (this "Agreement") is made and entered
into on this 11141' day of �ece✓n,(� ,�' , 2005, between MONROE COUNTY, a political
subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter
called the COUNTY, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
a component agency of the State of Florida, hereinafter called the DEPARTMENT.
WITNESSETH:
WHEREAS, the COUNTY, over several years, will undertake the permitting, design,
and construction of three stormwater structural improvement projects on areas of U.S. Highway
1 (State Road 5), hereinafter collectively called the PROJECT, and, as outlined in the attached
Exhibit `A', `Scope of Services,' which is incorporated herein by reference; and
WHEREAS, the DEPARTMENT desires to improve COUNTY stormwater drainage
within its right-of-way along the U.S. Highway 1 corridor; and
WHEREAS, the DEPARTMENT and the COUNTY desire to pool resources in order to
gain efficiencies and economies of scale; and
WHEREAS, the DEPARTMENT agrees to reimburse the COUNTY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit `B',
`Financial Summary', which is incorporated herein by reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
agreement designating and setting forth the responsibilities of each party;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
benefits set forth and other good and valuable consideration, receipt of which is hereby
acknowledged, hereby agree as follows:
Page 1 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
1. Representations by the DEPARTMENT. The DEPARTMENT makes the following
representations as the basis for the undertakings on its part herein contained:
(a) The DEPARTMENT has been duly created and is validly existing as a public
agency under the laws of the State. The DEPARTMENT has all necessary power
to enter into the transactions contemplated by this Agreement and to carry out its
obligations hereunder. The obligations of the DEPARTMENT under this
Agreement are valid and enforceable in accordance with their terms, except to the
extent that such enforceability may be subject to bankruptcy, insolvency,
moratorium, and other laws affecting creditors' rights generally and to general
principles of equity (regardless of whether such enforceability is considered in a
proceeding in equity or at law).
(b) There is no litigation pending or, to the knowledge of the DEPARTMENT,
threatened with respect to the future development of the ramps which are a part of
this Agreement which will affect the performance by the DEPARTMENT of its
obligations under this Agreement.
(c) No default exists with respect to the obligations of the DEPARTMENT under this
Agreement, and the execution and delivery of this Agreement by the
DEPARTMENT do not constitute a violation of applicable law or regulations or a
breach of a default under any other agreement to which the DEPARTMENT is a
party or an event that, with the passage of time, would become a breach of or
default under any such agreement.
Page 2 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
(d) All consents, waivers, approvals and other governmental actions required to be
taken in order for the DEPARTMENT to enter into and fully comply with this
Agreement have been received and obtained by the DEPARTMENT.
2. Representations by the COUNTY. The COUNTY makes the following representations
as the basis for the undertakings on its part herein contained:
(a) The COUNTY has been duly created and is validly existing as a public body
politic and corporate under the laws of the State. The COUNTY has all necessary
power to enter into the transactions contemplated by this Agreement and to carry
out its obligations hereunder. By proper corporate action the COUNTY has been
duly authorized to execute and deliver this Agreement. The obligations of the
COUNTY under this Agreement are valid and enforceable in accordance with
their terms, except to the extent that such enforceability may be subject to
bankruptcy, insolvency, moratorium, and other laws affecting creditors' rights
generally and to general principles of equity (regardless of whether such
enforceability is considered in a proceeding in equity or at law).
(b) No litigation is pending, or to the knowledge of the COUNTY, threatened with
respect to the future development of the ramps which are a part of this Agreement
which will affect the performance by the COUNTY of its obligations under this
Agreement.
(c) No default exists with respect to the obligations of the COUNTY under this
Agreement, and the execution and delivery by the COUNTY of this Agreement
do not constitute a violation of applicable law or regulations or a breach of or
default under any other agreement to which the COUNTY is a party or an event
Page 3 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
that, with the passage of time, would become a breach of or default under any
such agreement.
(d) All consents, waivers, approvals and other governmental actions required to be
taken in order for the COUNTY to enter into and fully comply with this
Agreement have been received or obtained by the COUNTY.
3. Recitals. The Recitals to this Agreement are true and correct and are hereby
incorporated herein by reference and made a part hereof.
4. General Requirements.
(a) The COUNTY shall submit this Agreement to its Board of County
Commissioners for ratification or approval by Resolution. A copy of said
Resolution is attached hereto as Exhibit "C", `County Resolution', and is
incorporated herein by reference.
(b) The COUNTY shall perform PROJECT administration, permitting, design, and
construction work in accordance with current DEPARTMENT standards and
specifications and must be in compliance with all governing laws and ordinances.
(c) The COUNTY covenants and agrees to undertake the permitting, design and
construction work of the following road segments on DEPARTMENT right-of-
way as established and described in Exhibit `A', and, as set out in the Monroe
County Stormwater Management Master Plan, dated August 2001, of which
PROJECT scope -of -service excerpts are included in Exhibit W. The following
stormwater improvement projects have been identified as eligible for
DEPARTMENT reimbursement, the cumulative reimbursement of which shall
Page 4 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
not exceed the maximum limiting amount programmed in the DEPARTMENT's
current Adopted Work Program as identified in the attached Exhibit `B'.:
a. Rockland to Shark Key right-of-way construction with an estimated cost
of $542,000;
b. North Harris to Park Channels construction with an estimated cost of
$414,000;
C. Bow to Kemp Channel right-of-way construction with an estimated cost of
$1,044,000.
(d) The DEPARTMENT has encumbered the funds for fiscal year 2004/05 prior to
Agreement execution. Funds to be authorized and encumbered in future fiscal
years (2005/06 and 2006/07), as outlined in the attached Exhibit `B', will be
established by Letters of Authorization (LOAs) prior to costs being incurred.
(e) The COUNTY will submit PROJECT design plans to the DEPARTMENT for
review and approval at the following phases: Phase II 60%, Phase III 90% and
Phase IV 100%.
(fl The COUNTY covenants and agrees to schedule the construction of the
stormwater management improvements on DEPARTMENT right-of-way in
accordance with the availability of funds set forth in Exhibit `B'. Upon
completion of the work, the COUNTY will certify to the DEPARTMENT that all
work was performed in accordance with applicable DEPARTMENT standards
and specifications.
Page 5 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
5. Environmental Impact Review Requirements.
a. Prior to construction, the COUNTY shall ensure that a qualified environmental
professional performs an environmental assessment of all projects covered under this Agreement.
Each project shall be assessed for potential environmental impacts for all items listed in the
attached Exhibit "E", `Environmental Impact Review Checklist', which is incorporated herein by
reference. For each project the COUNTY shall prepare a Project Technical Memorandum which
includes a discussion of the project's involvement and potential impacts in each of the topic
areas contained in Exhibit " E", any related agency coordination, and an explanation of how these
impacts will be addressed. The COUNTY shall submit the draft Project Technical Memorandum
to the DEPARTMENT with the 60% design phase submittal for review and approval.
b. The COUNTY shall coordinate PROJECT design to ensure compatibility with the
Florida Keys Scenic Highway and the planned improvements included in the Florida Department
of Environmental Protection's (FDEP) Overseas Heritage Trail Project.
C. Any PROJECT landscape design developed shall be prepared by a Florida
registered Landscape Architect. The COUNTY shall submit the draft landscape design with all
design phase submittals for review by the DEPARTMENT's District Landscape Architect.
d. The COUNTY shall coordinate potential environmental impacts with the
appropriate resource and regulatory agencies and the DEPARTMENT, and shall obtain all
required local, State and Federal permits for the PROJECT prior to construction. The COUNTY
shall submit draft permit applications to the DEPARTMENT for their review and approval prior
to submittal to the appropriate agencies. The COUNTY shall provide to the DEPARTMENT
copies of all correspondence with permitting agencies during the permitting process. The
Page 6 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
COUNTY shall coordinate any required wetlands mitigation resulting from the PROJECT with
the DEPARTMENT. The COUNTY assumes all responsibility for compliance with any and all
conditions of any environmental permits required for the construction of the PROJECT within
DEPARTMENT right-of-way. The COUNTY assumes responsibility for all environmental
permitting costs and the cost of any enforcement action(s) taken by environmental agencies
(mitigation, fines, etc.) due to non-compliance with environmental laws and/or permit
conditions.
e. Assessment and coordination as referenced above is required for any potentially
occurring listed endangered species or critical habitat within the PROJECT limits. The
COUNTY is also specifically advised that the shoulders and side slopes directly adjacent to U.S.
1 in the area of Cudjoe Key may contain critical habitat for the federally endangered Silver rice
rat (Oryzomys palustris natator). The COUNTY is responsible for ensuring that a qualified
environmental professional perform a field assessment of all PROJECT areas for purposes of
identifying endangered species' critical habitat, and assessing potential impacts to these species
and their habitats, resulting from the proposed stormwater improvements. For each project, the
COUNTY shall prepare an Endangered Species Biological Assessment Technical Memorandum
and coordinate the project's potential impacts with the U.S. Fish and Wildlife Service. The
COUNTY shall provide to the DEPARTMENT copies of all correspondence related to
endangered species coordination. The COUNTY shall obtain and provide to the
DEPARTMENT any necessary approvals from the U.S. Fish and Wildlife Service as appropriate
under the federal Endangered Species Act as amended, prior to construction.
Page 7 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
6. Standard Financial Provisions.
a. Cumulative eligible project costs may not exceed TWO MILLION DOLLARS
($2,000,000.00) across DEPARTMENT fiscal years 2004/05, 2005/06 and
2006/07, as outlined in Exhibit `B', `Financial Estimate'. If additional funding is
required, contingent upon DEPARTMENT approval, a supplemental agreement
between the DEPARTMENT and the COUNTY authorizing the additional
DEPARTMENT funding shall be executed prior to such costs being incurred.
b. The Department agrees to pay the COUNTY for the herein described services at a
compensation as detailed in this Agreement.
C. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under Section
215.422(14), Florida Statutes, or by the Department's Comptroller under Section
334.044(29), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
e. Travel expenses will not be reimbursed.
f Records of costs incurred under the 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 Participant's general accounting records, of
Page 8 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
the contractor and all subcontractors performing work on the project, and all other
records of the Contractor and subcontractors considered necessary by the
Department for a proper audit of costs.
g. Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the 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 Department that such 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
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; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one
year."
h. The Department's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature.
7. Effective Date of this Agreement. This Agreement shall become effective on the date
hereof.
8. Provisions Separable. The provisions of this Agreement are independent of and
separable from each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them may be invalid
or unenforceable in whole or in part.
9. Amendment of Agreement. This agreement may be amended by mutual agreement of
the DEPARTMENT and the COUNTY expressed in writing and executed and delivered by each.
Page 9 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
10. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made and
received when delivered (personally, by courier service such as Federal Express, or by other
messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid,
return receipt requested, addressed as set forth below:
(a) If to the County: Monroe County
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Attention: County Administrator
(b) If to the Department: Florida Department of Transportation
1000 NW 1111h Avenue, Room 6137
Miami, Florida 33172
Attention: JPA Coordinator
Any party may alter the address to which communications or copies are to be sent
by giving notice of such change of address in conformity with the provisions of this paragraph
for the giving of notice.
11. Entire Agreement. This Agreement, including the Attachment to this Agreement,
contain the sole and entire agreement between the parties with respect to such subject matter and
supersede any and all other prior written or oral agreements between them with respect to such
subject matter.
12. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
13. Waiver. Waiver by either party of any breach of any provision of this Agreement shall
not be considered as or constitute a continuing waiver or a waiver of any other breach of the
same or any other provision of this Agreement.
Page 10 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
14. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
15. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied,
is intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize
anyone not a party to this Agreement to maintain an action pursuant to or based upon this
Agreement.
16. Other Documents. The parties shall take all such actions and execute all such
documents which may be reasonably necessary to carry out the purposes of this Agreement,
whether or not specifically provided for in this Agreement; provided that the parties further
acknowledge that certain additional actions by the COUNTY may require approval by the Board
of the COUNTY, and, to the extent such approval is required by applicable law, obtaining such
approval shall be a condition to the obligations of the COUNTY under this Section.
17. Audits. Florida Single Audit Act requirements as outlined in the attached Exhibit
` E", `Audit Reports', are incorporated herein by reference.
18. Governing Law. This Agreement and the interpretation of its terms shall be governed
by the laws of the State of Florida, without application of conflicts of law principles. Venue for
any judicial, administrative or other action to enforce or construe any term of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Monroe County, Florida.
Page 11 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
19. Indemnification. To the extent permitted by Section 768.28, Florida Statutes, the
parties agree to indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the parties agree to
defend each other against any and all such claims or demands which may be claimed and have
arisen as a result of or in connection with the parties' participation in this Agreement. Nothing
contained herein shall be construed to contradict the provisions of Section 768.28, Florida
Statutes, nor shall this Section be construed to require either party to indemnify the other for the
negligent acts of the other.
20. Expiration of Agreement. The COUNTY agrees to complete the PROJECT on or
before June 30, 2010. If the COUNTY does not complete the PROJECT within this time period,
this Agreement will expire unless an extension of the time period is requested by the COUNTY
and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of
this Agreement will be considered termination of the PROJECT.
21. Final Invoice. The COUNTY must submit the final invoice on this PROJECT to
the DEPARTMENT within 120 days after the expiration of this Agreement. Invoices submitted
after the 120-day time period will not be paid.
Page 12 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
1Ktu1e C NO CkTk's (?fie Or%irm
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement,
MONROE COUNTY, signing by and through its County Manager, and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District
Secretary, each duly authorized to execute same.
MONROE COUNTY:
BY. ,,/•
A'
A'
STATE 9f FLORIDA, DEP
OF TRA#SPORTATION:
Mayor/
G�,Qirw�c><,h
ATTEST:
UNTY'� TCLERK�T(SEAL)
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LEGAL REVIEW:
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Page 13 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
EXHIBIT `A'
SCOPE OF SERVICES
FDOT Financial Project ID: 408292-2-58-01 COUNTY: Monroe
DEPARTMENT Project Manager: Ricardo Salazar, P.E.
COUNTY Project Manager: Pot ve'd C-
The following stormwater improvement projects have been identified as eligible for
DEPARTMENT reimbursement, with DEPARTMENT financial participation not to exceed the
amount programmed in the DEPARTMENT's current Adopted Work Program identified in
Exhibit `B'. Scope -of -services excerpts from the Monroe County Stormwater Management
Master Plan, dated August 2001, for each of the three below -listed projects are attached hereto
and incorporated herein by reference:
Mile
Marker
Island
Name/Location
Estimated
Construction
Cost
Expected
Funds
Available
11-12
Big Coppitt
Rockland to
Shark Key
$542,000
FY 05
17-19
Park Key
North Harris to
Park Channel
$414,00
FY 05
20-22
Cudjoe Key
Bow to Kemp
Channel
$1,044,000
FY 05
Page 14 of 21
U.S. 1 RESURFACING — Rockland Channel to Shark Channel
Description of Problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Department of
Transportation in 2003. The plans will include turn lanes. This section of the Overseas Highway
is two lane, not divided with grassed shoulders and in some instances lime rock shoulders and a
bike path or pedestrian path along the north side. In general, the roadway is higher than the
surrounding areas. This section is approximately 1.3 miles in length and 686,400 s.f. in area of
which 263,578 s.f. is impervious, resulting in a "C" factor of 0.43. Photos 6, 7, 8 & 9 depict the
study area. Preliminary indication from FDOT is that turn lanes will be constructed, decreasing
the existing pervious area.
Recommended Improvements
• Widen the paved shoulder to 6' to eliminate parking on the grass.
• Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, 1'
deep with 3:1 side slopes, right-of-way permitting. These swales will provide 1.89
ac.ft. of total storage.
• Vegetate the swale and remainder of the side slope.
• Use porous asphalt (Friction Course) for the resurfacing.
• Set a cross slope on the proposed turn lanes to drain to the swale above.
At the present time, there is a treatment volume required of 1.35 inches. The proposed
improvements would provide a level of treatment to 1.03 inches and provide a 93% volume
capture. The estimated capital cost of these improvements is presented in the Capital Cost
Summary.
! U.S.1 RESURFACING — Rockland Channel to Shark Channel
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Monroe County Stormwater Master Plan
Capital Cost Summary
US1 Rockland Channel to Shark Channel
Item
Units
Unit
Cost
Quantity
Total
Cost
1
Storm Sewer
Ft
Variable (5)
0
$0
2
Storm Inlets
Each
$2,500
0
$0
3
Swales (1) (2)
Ft
$25
13,728
$343,200
4
Road/Driveway Repair
Sq Yd
$20
0
$0
5
Excavation/Earthwork
Cu Yd
$12
0
$0
6
Curb Replacements/Installation
Ft
$10
0
$0
7
Exfiltration Trench
Ft
$250
0
$0
8
Water Quality Treatment Unit (6)
Each
$15,000
0
$0
9
Install/Repair Drain Well
Each
$5,000
0
$0
10
Roof Drain Treatment Areas
Each
$1,500
0
$0
11
Porous Pavement
Sq Yd
$20
1,017
$20,300
1.............................................................. 400i'mu
!ncy (30% of Subtotal 1) (3) $109,100
btotal2.............................................................. 44i21buu
�gineering, Survey, & Permitting (15 % of Subtotal 2) $70,900
AL COST (4)
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights -of -way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stormwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25/foot/in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM Camp D—, & M,Ker Inc. SMMP Costs for Problem Areas.xls
6. Rockland Channel to Shark Channel
7. Rockland Channel to Shark Channel
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U. S. 1— RESURFACING — North Harris Channel to Park Channel
Description of Problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Department of
Transportation in 2003. The highway is a two lane, not divided section with a substantial
mangrove growth on either side of the highway. It is approximately one mile in length and
528,000 s.f in area, of which 232,320 s.f. is impervious, resulting in a "C" factor of 0.47. Photos
13, 14 & 15 depict the study area. It is assumed that the FDOT will perform the work in the same
manner as current resurfacing projects, i.e., with a 2' grass strip adjacent to the pavement and a
4' striped asphalt shoulder. No sodding will be placed on the side slopes. The roadway shoulders
in this area have been repaired with millings from previous projects and form an impervious
surface.
Recommended Improvements
• Widen the paved shoulder to 6' to eliminate parking on the grass.
• Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, F
deep with 3:1 side slopes, right-of-way permitting. These swales will provide 1.45
ac. ft. of total storage.
• Remove all milling material and replace with lime rock.
• Vegetate the swales and the side slopes where grass is missing.
a Use porous asphalt (Friction Course) for the new surface.
At the present time, there is a treatment volume required of 1.4 inches. The proposed
improvements would provide a level of treatment of 1.45 inches and provide a 96% volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
Monroe County Stormwater Master Plan
Capital Cost Summary
USI North Harris Channel to Park Channel
Item
Units
Unit
Cost
Quantity
Total
Cost
1 Storm Sewer
Ft
Variable (5)
0
$0
2 Storm Inlets
Each
$2,500
0
$0
3 Swales (1) (2)
Ft
$25
10,560
$264,000
4 Road/Driveway Repair
Sq Yd
$20
0
$0
5 Excavation/Earthwork
Cu Yd
$12
0
$0
6 Curb Replacements/Installation
Ft
$10
0
$0
7 Exfiltration Trench
Ft
$250
0
$0
8 Water Quality Treatment Unit (6)
Each
$15,000
0
$0
9 Install/Repair Drain Well
Each
$5,000
0
$0
10 Roof Drain Treatment Areas
Each
$1,500
0
$0
11 Porous Pavement
Sq Yd
$20
782
$15,600
Subtotal..............................................................
$279,600
Contingency (30% of Subtotal 1) (3)
$83,900
Subtotal................................................................
$363,500
Engineering, Survey, & Permitting (15 %
of Subtotal 2)
$54,500
TOTAL COST (4)
$418,000
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for Swales not in existing rights -of -way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stormwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25/ foot/ in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM SMMP Costs for Problem Areas.xls
U.S. 1 RESURFACING — North Harris Channel to Park Channel
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14. North Harris Channel to Park Channel
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U. S. 1 RESURFACING — Bow Channel to East side of Cud ioe Key
Description of problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Department of
Transportation in 2003. The highway is a two lane, not divided section with substantial
mangrove growth along the bay side. It is approximately 2.5 miles in length and 1,980,000 s.f. in
area, of which 844,800 s.f. is impervious resulting in a "C" factor of 0.46. Photos 16 & 17 depict
the study area. It is assumed that the FDOT will perform the work in the same manner as current
resurfacing projects, i.e., with a 2' grass strip adjacent to the pavement and a 4' striped asphalt
shoulder. No sodding will be placed on the side slopes. The roadway shoulders in this area have
been repaired with milling s from previous projects and form an impervious surface.
Recommended Improvements
• Widen the paved shoulder to 6' to eliminate parking on the grass.
• Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, l'
deep with 3:1 side slopes, right—of-way permitting. These swells will provide 3.64 ac.
ft. of total storage.
• Remove all milling material and replace with lime rock.
• Vegetate the swale and side slopes where grass is missing.
• Use porous asphalt (Friction Course) for the new surface.
At the present time, there is a treatment volume required of 1.46 inches. The proposed
improvements would provide a level of treatment of 0.96 inches and provide a 96% volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
(� U.S.1 RESURFACING — Bow Channel to East side of Cudjoe Key
.�oPnpyokv�
Monroe County Stormwater Master Plan
Capital Cost Summary
US1 Bow Channel to East Side of Cudjoe Key
Item
Units
Unit
Cost
Quantity
Total
Cost
1 Storm Sewer
Ft
Variable (5)
0
$0
2 Storm Inlets
Each
$2,500
0
$0
3 Swales (1) (2)
Ft
$25
26,400
$660,000
4 Road/Driveway Repair
Sq Yd
$20
0
$0
5 Excavation/Earthwork
Cu Yd
$12
0
$0
6 Curb Replacements/Installation
Ft
$10
0
$0
7 Exfiltration Trench
Ft
$250
0
$0
8 Water Quality Treatment Unit (6)
Each
$15,000
0
$0
9 Install/Repair Drain Well
Each
$5,000
0
$0
10 Roof Drain Treatment Areas
Each
$1,500
0
$0
11 Porous Pavement
Sq Yd
$20
1,956
$39,100
Subtotal..............................................................
$699,100
Contingency (30% of Subtotal 1) (3)
$209,700
Subtotal..............................................................
$908,800
Engineering, Survey, & Permitting (15 %
of Subtotal 2)
$136,300
TOTAL COST (4)
$1,045,100
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights -of -way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stormwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25/ foot/ in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM Gmp o— r & McKm Im. SMMP Costs for Problem Areas.xls
16. Bow Channel to East Side of Cudjoe Key
17. Bow Channel to East Side of Cudjoe Key
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT is authorizing the reimbursement of eligible PROJECT costs to the
COUNTY in accordance with this Agreement. The DEPARTMENT's current Adopted Work
Program allocates the following funding, by fiscal year, for PROJECT construction:
Fiscal Year: Amount: Fund Type:
2004/05 $1 000 000.00 District Dedicated Revenue (DDR)
2005/06 $500 000.00 District Dedicated Revenue (DDR)
2006/07 $500 000.00 District Dedicated Revenue (DDR)
TOTAL ESTIMATED PROJECT CONSTRUCTION COSTS: $2 000 000.00
MAXIMUM DEPARTMENT FINANCIAL PARTICIPATION: $2 000 000.00
Page 15 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
EXHIBIT `C'
COUNTY RESOLUTION
To be attached hereto and incorporated herein once ratified by the Monroe County Board of
County Commissioners.
Page 16 of 21
RESOLUTION NO. 270 — 2005
A RESOLUTION OF THE MAYOR AND COUNTY COMMISSION
OF MONROE COUNTY APPROVING A JOINT PARTICIPATION
AGREEMENT WITH D.O.T. TO COMPLETE STORMWATER
MANAGEMENT IMPROVEMENTS
WHEREAS, Monroe County is planning to undertake, over a period of years, a
process of permitting, design and construction of stormwater improvements; and
WHEREAS, the Florida Department of Transportation desires to improve drainage
along the U. S. Highway I corridor in Monroe County; and
WHEREAS, the Florida Department of Transportation and the Monroe County Board
of County Commissioners desire to combine resources to efficiently and economically
improve stormwater drainage within the right-of-way along the U.S. Highway 1 corridor in
Monroe County;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
COUNTY COMMISSION OF MONROE COUNTY, FLORIDA, that:
1. The Joint Participation Agreement ig#htbwfloridA'Dd00ftnent of Transportation for
the construction of various stormwater structural improypFents on areas of U.S.
Highway 1, which agreement}l`1 State identifier No::,408292-2-58-01, is hereby
approved.
2. The Mayor is hereby authorized to execute said agreement on behalf of Monroe
County.
3. This resolution shall become effective upon the date of its.,adoption hereW
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board held on July 20, 2005.
Mayor Spehar
Mayor Pro Tem McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
Az I
Yes
Yes
Yes
Yes
YPR
OF
__5
BOARD OF COUNTY COMMISSIONERS
MONROE NXYNRID
By:
MAYOR DIXIE M. SPEHAR
MONROE COUN TY ATTORNEY
APP OVER AS T
S A NE A. H ON
t A TANT C_ Y TTORNEY
Date
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01_
EXHIBIT `D'
ENVIRONMENTAL IMPACT REVIEW CHECKLIST
A. SOCIAL AND ECONOMIC IMPACTS
❑ Land Use Changes
❑ Community Services
❑ Residences and Businesses
❑ Utilities
B. CULTURAL AND HISTORICAL RESOURCES
❑ Historical Resources
❑ Existing or Planned Pedestrian or Bicycle Facilities
❑ Park and Recreational Facilities
❑ Scenic Highways
C. NATURAL ENVIRONMENT
❑ Wetlands
❑ Aquatic Preserves
❑ Water Quality
❑ Outstanding Florida Waters
❑ National Marine Sanctuaries
❑ Floodplains
❑ Coastal Zone Consistency
❑ Endangered Species
❑ Other Wildlife and Their Habitats
D. PHYSICAL IMPACTS
❑ Noise
❑ Air
❑ Construction
❑ Contamination
E. PERMITS REQUIRED:
F. WETLANDS FINDING (Executive Order 11990):
Page 17 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
EXHIBIT `E'
AUDIT REPORTS
The administration of resources awarded by the DEPARTMENT to the COUNTY may be subiect to audits
and/or monitoring by the DEPARTMENT, as described in this section. For further guidance, see the Executive
Office of the Governor website, which can be found at: www.fssa.state.fl.us .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003)
or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
agreement indicates Federal resources awarded through the DEPARTMENT by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the DEPARTMENT. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph L, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal
years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be
Page 18 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 ($500,000 for fiscal years ending on September 30, 2004, and thereafter) in any fiscal year of such
recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
DEPARTMENT by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215:97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal
years ending on September 30, 2004, and thereafter), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
($500,000) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
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 findings is required.
Current year audit findings require corrective action and status of findings.
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 work papers shall be given to the FDOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the DEPARTMENT to
conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
Page 19 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
A. The DEPARTMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
DEPARTMENT for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
1000 Northwest I I I Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the DEPARTMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The DEPARTMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Page 20 of 21
Catalog of State Financial Assistance No.: 55.003
Financial Project ID No: 408292-2-58-01
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
A. The DEPARTMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered
to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO,
or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless
extended in writing by the DEPARTMENT.
Page 21 of 21