HomeMy WebLinkAbout2010-099 A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON , CLERK
0 S'�"A ' r
SECTION NO . : 88010000 . � � Q�
PERMIT NO : 2009 -K-490 -0004 4;(p !
COUNTY : Indian River
S . R. NO . : 5 (US - 1 )
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT , made and entered into this day of , 20_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN
RIVER COUNTY , a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY .
WITNESSETH :
WHEREAS , the DEPARTMENT has jurisdiction over State Road 5 (US- 1 ) as part of
the State Highway System ; and
WHEREAS , the AGENCY seeks to install a 231 feet of 12 " X 18 " Elliptical
Reinforced Concrete Pipe (ERCP )Pipe and maintain said improvements and within the right-
of-way of State Road 5 as described with Exhibit B ; and
WHEREAS , as part of the continual updating of the State of Florida Highway System ,
the DEPARTMENT , for the purpose of safety, protection of the investment, and other reasons ,
has constructed and does maintain the highway facility as described in Exhibit A, attached hereto
and incorporated by reference herein , within the corporate limits of the AGENCY ; and
WHEREAS , the AGENCY is of the opinion that said highway facilities that contain a
ERCP shall be maintained and repaired ; and
WHEREAS , (hereinafter) it is the intent of the AGENCY and the DEPARTMENT that
the AGENCY shall maintain all improvements made by the AGENCY as well as areas within
the right of way by said improvements made at the request of the AGENCY ; and
WHEREAS , the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party ; and
WHEREAS , the AGENCY by Resolution No . 2010 - 031 dated Apri 1 20 s
2010, attached hereto and by this reference made a part hereof, desires to enter into
this
Agreement and authorizes its officers to do so ,
NOW THEREFORE , for and in consideration of the mutual benefits to flow each to the
other , the parties covenant and agree as follows :
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J . K . BARTON , CLERK
1 . The AGENCY hereby agrees to install a 231 feet of 12 " X 18 " Elliptical Reinforced
Concrete Pipe . The installation of this pipe should not cause any disturbances to the
roadway or any other features in the right of way as specified in the enclosed plans ,
attached as EXHIBIT B at the location specified by EXHIBIT A attached hereto .
(a) When the AGENCY is installing the Project, the DEPARTMENT shall be provided
accurate as -built plans of the system so if in the future there is a need by the
DEPARTMENT to perform work in the area, the system can be accommodated as much
as possible .
(b) If it becomes necessary to provide utilities (water/electricity) to the median or side areas ,
it shall be the AGENCY ' S responsibility to obtain a permit for such work through the
local maintenance office and the AGENCY shall be responsible for all associated fees
including monthly billing for the installation and maintenance of these utilities .
(c) The AGENCY is solely responsible for the relocation, maintenance , repair and
replacement of the drainage and electrical facilities within the property shown as an
exhibit and shall include all pipes , culverts , outfalls and conservation areas in perpetuity ;
said obligations are to run with the land . All hardscape shall be installed and maintained
in strict accordance with the most current edition of the Florida Accessibility Code for
Building Construction and the Interlocking Concrete Pavement Institute (ICPI) .
(d) All activities, including project installation and future maintenance operations performed
on State highway right-of-way , must be in conformity with the most current edition of the
Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards
Specifications for Road and Bridge Construction, Index 600 Series , FDOT Maintenance
Rating Program (MRP) , and US DOT regulations (49 CFR part 27) implementing
Section 504 of the Rehabilitation Act (29 U . S . C . 794) . The FHWA has specific American
with Disabilities Act (ADA) policies for statewide planning in 23 CFR 450 . 220 (a) (4) ,
for metropolitan planning in 23 CFR 450 . 316 (b) ( 3 ) , and the NEPA process in 23 CFR
771 . 105 (f) . These regulations require application of the ADA requirements to
Transportation Enhancements Activities .
(e) The most current edition of FDOT Design Standards, Index 200 must be adhered to .
(f) The AGENCY shall provide the local FDOT Operation Center, located at 3601
Oleander Ave. Ft. Pierce , Florida 34982 office 772 -465- 7396 a twenty -four (24) hour
telephone number and the name of a responsible person that the DEPARTMENT may
contact. The AGENCY shall notify the local maintenance office forty- eight (48 ) hours
prior to the start of the project .
(g) If there is a need to restrict the normal flow of traffic , it shall be done on off-peak hours
(9 AM to 3 PM) , and the party performing such work shall give notice to the local law
enforcement AGENCY within whose jurisdiction such road is located prior to
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commencing work on the project . The DEPARTMENT ' S Public Information Office
shall also be notified.
(h) The AGENCY shall be responsible for assuring that any existing utilities within the
project limits are not impacted . If any utilities are impacted the AGENCY shall remain
responsible for obtaining all applicable permits or agreements from the utility applicable .
(i) The design , construction and maintenance practices of storm drain systems shall be
consistent with the standard construction and maintenance practices of the Department.
Standard details for inlets , manholes , junction boxes , end treatments and other
miscellaneous drainage details are provided in the Standard Index drawings .
Specifications for said installation and maintenance are provided beginning in Section
430 of the 2010 and FDOT Standard Specifications for Road and Bridge Construction ;
the 2010 FDOT Design Standards for Design, Construction, Maintenance and Utility
Operations on the State Highway System and , Revision 1 and at the Uniform Manual of
Traffic Control Devices (MUTCD) , revisions 1 and 2 dated December, 2007 .
2 . The AGENCY agrees to maintain the drainage pipe in accordance with the requirements
in EXHIBIT C . It shall be the responsibility of the AGENCY to restore an unacceptable
travel condition of the roadway or sidewalk caused by the pipe on Department of
Transportation right- of-way within the limits of the Project.
To maintain also means keeping the pipe free of debris .
The AGENCY agrees to maintain as follows : a) A yearly inspection, beginning one ( 1 )
year after approval of the pipe, will be performed visually inspect the inlet and outfall
structures to ensure that there is no blockage or visual damage ; b) A TV inspection will
be performed every five years , beginning five ( 5 ) year after approval of the pipe, to
ensure the structural stability of the pipe ; c) If there is any noticeable damage it will be
the responsibility of the AGENCY to repair the structure and the roadway to operational
standards . Synthetic Turf shall be maintained free of weeds and debris and must be
promptly replaced if the surfacing is damaged .
The above named functions to be performed by the AGENCY may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such
inspection findings will be shared with the AGENCY and shall be the basis of all
decisions regarding repayment, reworking , or Agreement termination . The AGENCY
shall not change or deviate from said plans without written approval of the
DEPARTMENT .
3 . If at any time after the AGENCY has undertaken the installation of the pipe and /or other
improvements and/or maintenance responsibility mentioned above , it shall come to the
attention of the DEPARTMENT ' S District Secretary that the limits or a part thereof is
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J . K . BARTON , CLERK
not properly maintained pursuant to the terms of this Agreement, said District Secretary ,
may at his option, issue a written notice that a deficiency or deficiencies exist(s) , by
sending a certified letter to the AGENCY , to place said AGENCY on notice thereof.
Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to
correct the cited deficiencies . If said deficiencies are not corrected within this time
period, the DEPARTMENT may , at its option , proceed as follows :
(a) Complete the installation, or part thereof, with DEPARTMENT or Contractor ' s
personnel and deduct the cost of such work from the final payment for said work
or part thereof, or
(b) Maintain the improvements or a part thereof, with DEPARTMENT or
Contractor ' s personnel and invoice the AGENCY for expenses incurred , or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove , by DEPARTMENT or private Contractor ' s personnel , all of the
improvements installed under this Agreement or any preceding Agreements and
charge the AGENCY the reasonable cost of such removal .
4 . It is understood between the parties hereto that the improvements covered by this
Agreement may be removed , relocated , or adjusted at any time in the future , as
determined to be necessary by the DEPARTMENT in order that the adjacent state road
be widened , altered , or otherwise changed to meet with future criteria or planning of the
DEPARTMENT . The AGENCY shall be given sixty (60) calendar day ' s notice to
remove said improvements after which time the DEPARTMENT may remove same . All
permits (including tree permits) , fees , and any mitigation associated with the removal ,
relocation or adjustments of these improvements are the maintaining AGENCY ' S
responsibility .
5 . TETE AGENCY at its own expense and by permit shall install the improvements and
drainage pipe described in Exhibit B . The DEPARTMENT shall be invited to assist in
final inspections before acceptance of the job by the AGENCY . The DEPARTMENT
shall approve the job provided it complies with the permit.
6 . This Agreement may be terminated under any one ( 1 ) of the following conditions :
(a) By the DEPARTMENT , if the AGENCY fails to perform its duties under
Paragraph 3 , following ten ( 10) days ' written notice .
(b) By the DEPARTMENT , for refusal by the AGENCY to 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 AGENCY in
conjunction with this Agreement .
7 . The term of this Agreement commences upon execution .
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J . K . BARTON , CLERK
8 . The AGENCY is a political subdivision as defined in Section 768 . 28 , Florida Statutes ,
and agrees to be fully responsible for acts and omissions of their agents or ,employees .
Nothing in this agreement shall be construed or interpreted to serve as a waiver of
sovereign immunity by any party such that liability is extended beyond the limitations
established by law. Nothing herein shall be construed as consent by a state AGENCY or
political subdivision of the State of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract .
In the event that AGENCY contracts with a third party to provide the services set forth
herein, any contract with such third party shall include the following provisions :
(a) AGENCY ' s contractor shall at all times during the term of this Agreement keep
and maintain in full force and effect, at contractor ' s sole cost and expense ,
Comprehensive General Liability with minimum limits of $ 1 , 000 , 000 . 00 per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability and
Worker ' s Compensation insurance with minimum limits of $ 500 , 000 . 00 per Liability .
Coverage must be afforded on a form no more restrictive that the latest edition of the
Comprehensive General Liability and Worker ' s Compensation policy without restrictive
endorsements , as filed by the Insurance Services Office and shall name DEPARTMENT
as an additional insured .
(b) The AGENCY ' s contractor shall furnish the AGENCY with Certificates of
Insurance of Endorsements evidencing the insurance coverage specified herein prior to
the beginning performance of work under this Agreement.
(c) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY ' s contractor is
completed . All policies must be endorsed to provide DEPARTMENT with at least thirty
(30) days notice of cancellation and or/or restriction . If any of the insurance coverage
will expire prior to the completion of work, copies of renewal policies shall be furnished
at least (30) days prior to the date of expiration .
9 . This writing embodies the entire Agreement and understanding between the parties
hereto , and there are no other Agreements and understanding , oral or written , with
reference to the subject matter hereof that are not merged herein and superseded hereby .
10 . The DEPARTMENT , during any fiscal year, shall not expend money, incur any liability,
nor 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 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
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J . K . BARTON , CLERK
made shall be executed 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 .
11 . The DEPARTMENT ' S District Secretary shall decide all questions , difficulties , and
disputes of any nature whatsoever that may arise under or by reason of this Agreement,
the prosecution or fulfillment of the service hereunder and the character, quality , amount
and value thereof; and his decision upon all claims , questions , and disputes shall be final
and conclusive upon the parties hereto .
12 . This Agreement may not be assigned or transferred by the AGENCY , in whole or in part,
without the consent of the DEPARTMENT .
13 . This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the contract and
Florida law, the laws of Florida shall prevail .
14 . Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail , return
receipt requested . All notices shall be sent to the following addresses :
If to the Department : If to the AGENCY :
State of Florida Department of Transportation Indian River County
3400 West Commercial Blvd . 180127 th Street
Ft . Lauderdale , FL 33309 - 3421 Vero Beach , FL 32960
Attention : District IV Maintenance Engineer Attention : Arjuna Weragoda
Or his designee Title : Project Engineer
15 . LIST OF EXHIBITS
Exhibit A : Project Location
Exhibit B : Project Plans
Exhibit C : Maintenance Plan
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J . K . BARTON , CLERK
IN WITNESS WHEREOF , the parties hereto have executed this Agreement effective
the day and year first above written .
AGENCY INDIAN RIVER COUNTY STATE OF FLORIDA
( DEPARTMENT OF TRANSPORTATION
B ,� By :
y Transportation Development Director
peter' °D ., 0193 an, Chau man
Attest: '( SEAL) Attest : ( SEAL)
�� lerk Executive Secretary
�- -
royal ( l' Date Legal Approval Date
Legal,Ap.P .
'ion
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Attorney Office of the General Counsel
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
SECTION NO . : 88010000
PERMIT NO . : 09K-490- 0004
COUNT' : Indian River
S .R. NO . : 5 (US HWY 1 )
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project in accordance with the plans and specifications
attached hereto and incorporated herein.
Please see attached plans prepared by: Michael Nixon, P . E .
Dated : 12/9/2009
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EXI3IBIT C
MAINTENANCE PLAN
Drainage Improvement
Project State Road No(s) : SR 5/US- 1
Project Limits : M.P. 9.726 to 9 .753
FM No (s) : N/A
Maintaining Agency: Indian River County
P.E. of Record : Michael Nixon
Date : 12/9/2009
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I. General Maintenance Requirements and Recommendations :
The 231 feet of elliptical reinforced concrete pipe (ERCP) will be maintained within the FDOT right-of-way in
perpetuity. Any failure to this pipe will be repaired at no cost to the DEPARTMENT .
Maintenance of Traffic Control
Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during
routine maintenance and / or new installations of this DOT roadway.
Website: Series 600 Traffic Control through Work Zones
http • //www dot state fl us/rddesign/DesignStandards/Standards .htm
II. Specific Protect Site Maintenance Requirements and Recommendations :
266 feet of 12" X 18 " (231 ' within FDOT R/V) Elliptical Reinforced Concrete Pipe will be constructed to handle to
drainage over flow from the proposed pond site situated the east of Dixie Highway, west of SR 5/US - 1 and south of
53rd Street The drainage pipe will be maintained in accordance with FDOT requirements .
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'i ATE OF FLORIDA 00 lb
,•°
INDIAN RIVER COUNTY o8��:
THIS IS TO CERTIFYTHATTHIS IS
ATRUE AND CORRECTCOPYOF
THE ORIGINAL ON FILE IN THIS g
OFFICE °
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J Y K . 8ART0 L 1
BY e
DATE T Z U l 0 n
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