The URL can be used to link to this page

Home My WebLink About2020-091DocuSign Envelope ID: 53DAE100-CE83-4F11-BA7C-3D9F289FAAOC A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION No.: 88000432 FM No.: 437717-1-52-01 AGENCY: Indian River County C.R. No.: 612 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this 23 day of dune , 20 �_Qby 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, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY collectively referred to as Parties. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over CR 612/8 Street, as part of the County roadway system from west of 74th Ave to east of Lateral Canal C; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits and the AGENCY agrees to have this improvement constructed; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement with the AGENCY to maintain the project; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agrees to have the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 437717-1, which involves the replacement of Bridge 884024 over the Lateral Canal C; hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will proceed to construct the Project; 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 on the 5th day of May 2020 a copy of which is 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: - 1 - DocuSign Envelope ID: 53DAE100-CE83-4F11-BA7C-3D9F289FAAOC A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non -Participating. 3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property. No further permit or agreement from the Agency shall be required to construct this Project. 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue to be responsible for mowing and litter removal during the duration of the Project. S. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design Manual (FDM), current edition (b) Florida Green Book dated 2016, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2019-20, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes maintaining the proposed bridge, pavement, drainage structures, storm water management systems, signs and pavement markings. The Department shall give the AGENCY ten (10) days' notice before final acceptance. a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and construct the Project. 6. No additional right of way is required for the PROJECT. The PROJECT can be completed within the AGENCY's existing right of way. 7. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 8. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. For various occupancy permits the AGENCY shall be the applicant. -2- DocuSign Envelope ID: 53DAE100-CE83-4F11-BA7C-3D9F289FAAOC A. TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 9. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. The AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference at its own expense; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY's failure to comply with said request. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. 10. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project. This shall include but not be limited to the execution of documents; allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 11. E -verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the contractor during the contract term. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 13. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 14. LIST OF EXHIBITS • Exhibit A: Project Scope -3- DocuSign Envelope ID: 53DAE1 00-CE83-41`1 1 -BA7C-3D9F289FAAOC A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: AGENCY `,i.�or�M�ssio�✓F . INDIAN RIVER COUNTY through its g BOARD OF COUNTY COMM N By 5th day of Ma 2020 Approved as to form by Office of County Attorney DEPARTMENT ATTEST:ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DocuSigned by: DocuSigned by: ✓L� C� S� Ery By: Executive Secretary Transportation Development Director (SEAL) 23 dayof June ,20 20 Approval : DocuSigned by: ��?Ziowood 6/23/2020 1 5:28 PM EDT Office o'f the General Counsel (Date) Attest: Jeffrey R. Smith, Clerk of Circuit, Court and Comptroller Deputy Clerk -4- DocuSign Envelope ID: 53DAE100-CE83-4F11-BA7C-3D9F289FAAOC EXHIBIT A PROJECT SCOPE ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION No.: 88000432 FM No.: 437717-1-52-01 AGENCY: Indian River County C.R. No.: 612 All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing right-of- way. Typical Section: • The proposed bridge typical section consists of two 12 -foot through lanes, and two 8 -foot shoulders with concrete barrier walls. • The proposed roadway typical section consists of two 12 -foot through lanes, two 8 -foot shoulders (5 -foot paved); and guardrail on the south side where necessary. • The sub -lateral C-1 and B -3-W canals will be piped. ,nine and Pavement Markines: • Remove and replace existing roadway signs. Install new signing and pavement marking as required. Drainage: • Install pipe culvert parallel to the eastbound CR 612. • Replace the existing 96 -inch diameter corrugated metal pipe. • Regrade the existing swales. • Add drainage structures and perforated pipe to accommodate the increase in impervious area and convey to the canal. Armor the canal embankments a minimum of 25 feet on both sides of the bridge. Permits: • The FDOT will acquire in the AGENCY's name. Structures: • Replace the existing Bridge (884024). -5- DocuSign Envelope ID: 53DAE100-CE83-4F11-BA7C-3D9F289FAAOC RESOLUTION NO. 2020-040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A BRIDGE OVER LATERAL "C" CANAL ON COUNTY ROAD 612 WEST OF 74TH AVENUE. WHEREAS, the replacement and construction of a bridge over Lateral "C" Canal on County Road 612 (also known as 8th Street), just west of 74th Avenue (Project) is an Indian River County (Agency) priority project; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding Provisions, the Florida Department of Transportation (Department) is authorized to undertake projects within the Agency's geographical limits and the Agency agrees to have this improvement constructed; and WHEREAS, the Department has requested the Indian River County Board of County Commissioners (Board) to execute and deliver to the Department a Highway Maintenance Memorandum of Agreement for the aforementioned Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Highway Maintenance Memorandum of Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner Flescher who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a. vote, the vote was as follows: Chairman Susan Adams AYE Vice -Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution passed and adopted this 5th day of Mav 2020. BOARD OF COUNTY COMM OF INDIAN RIVER COUN , FLO By Attest: Jeffrey R. Smith, Clerk of Court nd Comptroller By I� � J t��Z, `( Deputy Clerk Approved as to Form and Legal Sufficiency: Chairman \ __ ✓.. 1J RA' __�__- __ _._._.� ._..... �' cr FLaRIDA I IN'_IAN RIVER COUNTY a THIS IS 70 CERTIFY THAT THIS IS A TRUE ND CORRECT COPY OF THE O INAL ON FILE IN THIS aFFI� c J Rtl'�/x LERK Bti a—y D,C. 3 DATE J ' William K. DeBraal, Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1922 CR -512 8th St Bridge Replacement at 74th Ave (Let C Canal)\1-Admin\Agenda Items\FDOT Items\IRC-1822_RESOLUTION_20200505.doc Randi Wardlow From: Carrie Ferngren <cferngren@ircgov.com> Sent: Thursday, June 25, 2020 10:11 AM To: CBCC-Mail Cc: Jill Williams Subject: FW: [External] For your files. Attachments: IRC-1822_FDOT_HMMOA_CR-612_437717-1_20200623.pdf Good Morning, Attached is a copy of an Executed HMMOA we received from FDOT for your records. Please let me know if you have any questions or need anything further from me. Thanks, Carrie Carrie Ferngren Staff Assistant 111, Engineering Division Indian River County 180127 th Street, Vero Beach, FL 32960 (772) 226-1771 Email cferngren@ircgov.com From: Rich Szpyrka <rszpyrka@ircgov.com> Sent: Wednesday, June 24, 2020 1:38 PM To:'Formoso, Maria'<Maria.Formoso@dot.state.fl.us>; James Ennis <jennis@ircgov.com> Cc: Jill Williams <jwilliams@ircgov.com>; Carrie Ferngren <cferngren@ircaov.com> Subject: RE: For your files. Thank you. Jill/Carrie, Please file. Richard B. Szpyrka, P.E. Public Works Director Indian River County 180127 1h Street Vero Beach, FI 32960 (772) 226-1234 Email: rszpyrka@ircgov.com From: Formoso, Maria <Maria.Formoso@dot.state.fl.us> Sent: Wednesday, June 24, 2020 12:27 PM To: Rich Szpyrka <rszpyrka@ircgov.com>; James Ennis <iennis@ircgov.co.,n> Subject: For your files. CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. 1 Regards, Maria Formoso, P.E., P.M.P., Project Manager Florida Department of Transportation - District 4 Design 3400 Commercial Blvd. Ft. Lauderdale, FL., 33309 (954) 777-4677 Office Email: Maria. Formoso@dot.state.fl.us When the power of LOVE overcomes the LOVE of power, the WORLD will know PEACE ........ Jimi Hendrix --Waining-- 'This email was sent to you by someone outside of the Clerk's Office. Beware that any (ink or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning--