Subject:
Title
Approval Re: State of Florida Department of Transportation - State Road 405 Landscaping Termination Agreements - District 1
End
Fiscal Impact:
The estimated cost associated with the landscaping removal is $146,554 and will be funded from the Road and Bridge District 1 Municipal Services Taxing Unit (MSTU). The avoidance of reinstalling the landscaping will save an estimated $1,000,000 and approximately $18,000 in recurring annual maintenance costs.
Dept/Office:
Public Works Department/Finance and Contracts Administration
Requested Action:
Recommendation
It is requested that the Board of County Commissioners:
1. Approve and authorize the Chair to execute the State Road 405 Landscaping Termination Agreements and Resolutions.
2. Authorize the County Manager to execute all other project-related documents and/or required changes contingent upon County Attorney, Risk Management, and Purchasing Services review and approval.
3. Authorize the County Manager to execute all necessary budget amendments (BCRs).
End
Summary Explanation and Background:
Joint Participation Agreements provide partial funding from FDOT to requesting jurisdictions, in this case the County, in order to help offset initial installation costs for desired improvements. However, all recurring maintenance, repair, and upgrades fall completely on the County in perpetuity or until the agreements are mutually terminated. All improvements were on State Road 405 of which the County has no responsibility otherwise to maintain and funding comes out of limited Municipal Service Taxing Unit revenue, thereby competing with more pressing priorities for its own roads, bridges, and drainage systems. Brevard County and the State of Florida Department of Transportation (FDOT) entered into the following agreements pertaining to landscaping of portions of State Road 405, generally from SR 407 and US 1 as outlined below:
1. Memorandum of Agreement - Florida Highway Beautification Council Grant for Landscaping Construction and Maintenance for State Road 405 - AN053 (FM #413698-8-74-01) dated December 23, 2002;
2. Joint Participation Agreement for Landscaping Improvements on State Road 405 at the Intersection of State Road 407 - ANH15 (FM #416386-1-58-01) dated December 31, 2003;
3. Joint Participation Agreement for Landscaping Improvements on State Road 405 from Sisson Road to TICO Road - ANM55 (FM #416585-1-58-01) dated July 19, 2004.
FDOT notified the County that previously installed landscaping exceeded current safety standards and needed rehabilitation. Upon review, the County removed much of the landscaping while it considered its options. The County has since determined that the Agreements are no longer in its best interest and desires to terminate the Agreements because rehabilitation is cost prohibitive, estimated at $1M. Per the Termination Agreement language, the County is obligated to remove landscaping from all medians; regrade the medians to achieve positive drainage flow and sod all disturbed areas; remove and cap all irrigation facilities; remove water meters, irrigation pumps and other devices connected to the irrigation system. FDOT will re-assume maintenance of the medians within the limits of the Termination Agreements upon final acceptance of the work specified above.
Clerk to the Board Instructions:
Please return the fully executed Termination Agreements and Resolutions to the Public Works Department.